Kaiapoi Maori Reserve Act 1905

Kaiapoi Maori Reserve Act 1905

Public Act1905 No 19
Date of assent23 October 1905

  • The reference to “Maori” was substituted, as from 27 November 1947, for a reference to “Native” pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).

An Act to provide for the Vesting of certain Lands situate at Kaiapoi in the Church Property Trustees as a Site for a Church and other Purposes.

  • Preamble

    WHEREAS by Crown grant dated the sixth day of November, one thousand eight hundred and sixty-five, the lands described in Schedule 1 hereto were granted to the Bishop of Christchurch and his successors in trust for a Maori industrial school for aboriginal Maoris of New Zealand in connection with the Church of England: And whereas by The Kaiapoi Maori Industrial School Grant Act 1870, it was provided that the Bishop of Christchurch might surrender the said lands to Her Majesty free and discharged of all trusts; and that if the said lands should be so surrendered the Governor might cause a Crown grant to a portion of the said land not exceeding sixteen acres to be made to the said Bishop and his successors in trust for a site for a church in connection with the branch of the Church of England in New Zealand, and for the benefit of those aboriginal Maoris for whose benefit the said recited grant was made, and as and for a site for a school, and a house for the use of the clergyman appointed to perform services in the said church, and for glebe land to be used and occupied with such house; and that the residue of the said lands should be vested in two or more trustees, to be nominated by the Governor under section eight of The Maori Schools Act 1867, as a site for a Maori school: And whereas no surrender has ever been made by the Bishop of Christchurch in terms of The Kaiapoi Maori Industrial School Grant Act 1870: And whereas by Proclamation made in exercise of the powers vested in the Governor by The Maori Schools Act 1867, and published in the Gazette on the sixth day of January, one thousand eight hundred and seventy-one, Henry James Tancred and the Reverend James West Stack were nominated and appointed to be trustees of the land described in Schedule 1 hereto: And whereas the said Proclamation was ultra vires as to a parcel of land not exceeding sixteen acres, portion of the lands described in Schedule 1 hereto, and being the whole of the lands described in Schedule 2 hereto: And whereas The Kaiapoi Maori Industrial School Grant Act 1870, has since been repealed by The Repeals Act 1878: And whereas the Bishop of Christchurch for the time being is desirous that for the sake of convenience the lands set out and described in Schedule 2 hereto shall be vested in the Church Property Trustees instead of being vested in the Bishop of Christchurch and his successors, and it is expedient to give effect to such desire:

    The references to “Maori” were substituted, as from 27 November 1947, for references to “Native” pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title

  • The Short Title of this Act is The Kaiapoi Maori Reserve Act 1905.

    The reference to “Maori” was substituted, as from 27 November 1947, for a reference to “Native” pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).

2 Interpretation

  • In this Act the Church Property Trustees means the trustees and their successors constituted a body politic and corporate by the name of the Church Property Trustees under Ordinance of the Superintendent and Provincial Council of the late Province of Canterbury intituled “The Church Property Trust Ordinance, Session 2, Number 3,” and “The Church Property Trust Amendment Ordinance, 1867.”

3 Recited Proclamation revoked

  • The Proclamation of the thirtieth day of December, one thousand eight hundred and seventy-one, is hereby revoked.

4 Surrender and vesting of land described

  • (1) The Bishop of Christchurch may surrender the land comprised in the said Crown grant, and described in Schedule 1 hereto, free and discharged of the trusts specified in the said Crown grant.

    (2) Upon such surrender the land described in Schedule 2 hereto shall vest in the Church Property Trustees as a site for a church, and as a site for a vicarage and for glebe land to be used and occupied therewith.

    (3) The District Land Registrar shall issue to the Church Property Trustees a certificate of title to the lands described in the said Schedule 2 upon delivery to him of the said Crown grant duly surrendered.

    (4) The remainder of the land described in Schedule 1 hereto shall vest in His Majesty in trust as a school-site.

Schedule 1

ALL that parcel of land in the Canterbury Land District, containing by admeasurement 20 acres, more or less, being original Allotment No 91 of the Kaiapoi Maori Reserve, situated in Block XI, Rangiora Survey District. Bounded towards the north by Allotment No 88 of the said Kaiapoi Maori Reserve; towards the east by the said Allotment No 88 and Allotment No 89; towards the south by Allotment No 92; and towards the west and north-west by School Road.

  • The references to “Maori” were substituted, as from 27 November 1947, for references to “Native” pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).

Schedule 2

ALL that parcel of land in the Canterbury Land District, containing by admeasurement 16 acres, more or less, being Allotment No 91 (the northern part of original Allotment No 91) of the Kaiapoi Maori Reserve, situated in Block XI, Rangiora Survey District. Bounded towards the north by Allotment No 88 of the said Kaiapoi Maori Reserve, 1180 links; towards the east by the said Allotment No 88 and Allotment No 89, 1200 links; thence towards the south by a right line at a right angle to the last-mentioned boundary-line to School Road; and thence towards the west and north-west by the said School Road.

  • The references to “Maori” were substituted, as from 27 November 1947, for references to “Native” pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).