Reserves and other Lands Disposal and Public Bodies Empowering Act 1917

Reserves and other Lands Disposal and Public Bodies Empowering Act 1917

Public Act1917 No 26
Date of assent31 October 1917

Contents

Title


An Act to provide for the Exchange, Sale, Reservation, and other Disposition of certain Reserves, Crown Lands, Endowments, and other Lands, to validate certain Transactions, and to confer certain Powers on certain Public Bodies.

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

1 Short Title
  • This Act may be cited as the Reserves and other Lands Disposal and Public Bodies Empowering Act 1917.

2 Governor-General may grant license to remove sulphur from lands subject to Tourist and Health Resorts Control Act
  • [Repealed]

    The words Consolidated Revenue Account were substituted for the words Consolidated Fund, as from 22 October 1963, by section 4(4) Public Revenues Amendment Act 1963 (1963 No 46).

    The words Consolidated Account were substituted for the words Consolidated Revenue Account, as from 1 April 1978, by section 114(6) Public Finance Act 1977 (1977 No 65).

    Section 2 was repealed, as from 1 October 1991, by section 361(1) Resource Management Act 1991 (1991 No 69).

3 Validating purchase by East Tamaki Road Board of certain land as site for public buildings
  • (1) The East Tamaki Road Board is hereby authorized and empowered to pay interest at the rate of six per centum per annum on the purchase-money for the time being unpaid in respect of the purchase of part of Lot 9 of the subdivision of Allotment 51 and others of East Tamaki Farms, in the Auckland Land District, such purchase-money and interest being secured on such property by mortgage registered in the Auckland Deeds Registration Office as No 237791.

    (2) All payments of interest made under the said mortgage by the East Tamaki Road Board subsequent to its purchase of the said land and before the passing of this Act are hereby validated.

4 Authorizing Hamilton Borough Council to convey portion of closed streets to trustees for purposes of soldiers' memorial
  • Whereas the Hamilton Borough Council some time since stopped the portions of Grantham Street and Tisdall Street, in the Borough of Hamilton, included in the land hereinafter mentioned by closing the same under the provisions of the Municipal Corporations Act 1908, but has not sold or otherwise disposed of such land: And whereas the Hamilton Borough Council is desirous that the said land shall be used for the purpose of erecting thereon a memorial to those members of His Majesty's Naval and Military Forces formerly resident in the Waikato military area who have died or shall hereafter die on active service during the present war: Be it therefore enacted as follows:—

    (1) The Mayor, Councillors, and Burgesses of the Borough of Hamilton may, by a conveyance under the common seal of the Corporation, convey the land hereinafter mentioned to any person, persons, or body corporate as a site for a building to be erected as a public memorial of the members of His Majesty's Naval and Military Forces formerly resident in the Waikato military area who have died or shall hereafter die on active service in the present war. Such conveyance shall be without payment or other consideration, and shall constitute a good and valid title to such land for an estate in fee-simple for the aforesaid purpose.

    (2) The said land shall be free and exempt from all rates and charges of the Hamilton Borough Council, save and except for lighting or water.

    (3) The land to which this section relates is more particularly described as follows:—

    All that piece or parcel of land in the Borough of Hamilton, containing 28.3 perches, more or less, bounded—commencing at the northern corner of Allotment 437 of the Town of Hamilton West; towards the south-east by the said Allotment 437 and Allotment 431, 115.3 links; towards the south-west by Tisdall Street, 14.5 links and 292 links; and towards the north-east by Grantham Street, 325.6 links, to the commencing-point: as the same is delineated on a plan numbered 14767 (blue) in the Survey Office at Auckland: save and except therefrom a footway nine feet wide alongside the boundaries of the said Allotments 437 and 431 from Tisdall Street to Grantham Street.

5 Authorizing exchange of land between the Auckland City Council and the Auckland Hospital and Charitable Aid Board
  • The Auckland Hospital and Charitable Aid Board is hereby empowered to convey and transfer the lands described in Schedule 1 hereto to the Auckland City Council in exchange for the lands described in Schedule 2 hereto, and the Auckland City Council is hereby empowered to convey and transfer the said last-mentioned lands to the said Board in exchange for the lands described in the said Schedule 1.

6 Authorizing Northcote Borough Council to vary purpose of loan for technical and manual training school, and validating poll
  • Whereas on the twentieth day of December, nineteen hundred and sixteen, the Northcote Borough Council caused a poll of the ratepayers of the Borough of Northcote to be taken on a proposal by the said Council to raise a special loan of four hundred dollars for the purpose of assisting towards the cost of the erection of a technical and manual training school to be built of brick on a portion of the present district school grounds in Onewa Road, Northcote: And whereas the said proposal was carried, and notice of the result of the poll was published in the New Zealand Gazette for the year nineteen hundred and seventeen at page 47: And whereas the said Council is now desirous of being authorized to expend the said loan-moneys for the purpose of assisting towards the cost of the establishment of a technical and manual training school on the old Northcote Public School site: And whereas the said Council, as security for the repayment of the said loan and interest thereon, is desirous of making and levying a special rate of five sixty-fourths of a cent in the dollar on the annual value of all the rateable property in the said borough: And whereas doubts have arisen as to whether the said poll was taken in every particular in accordance with law: And whereas it is expedient that all irregularities in connection with the raising of the said loan should be validated, and that the Council should be empowered as hereinafter appearing: Be it therefore enacted as follows:—

    (1) The said loan of four hundred dollars is hereby declared and shall be deemed to have been validly raised.

    (2) It shall be lawful for the said Council at any time hereafter to expend the said loan-moneys for the purpose of assisting towards the cost of the establishment of a technical and manual training school (whether built of brick or of other suitable materials) on the site of the old Northcote Public School, being part of Allotment 7, Parish of Takapuna, in the Auckland Land District.

    (3) It shall be lawful for the said Council for the purpose of repaying the said loan and the interest thereon to make and levy a special rate of five sixty-fourths of a cent in the dollar on the annual value of all the rateable property in the said borough.

    The words four hundred dollars, and five sixty-fourths of a cent in the dollar were substituted, as from 10 July 1967, for the words two hundred pounds, and three sixteenths of a penny in the pound, pursuant to section 7(1) and (2) Decimal Currency Act 1964 (1964 No 27).

7 Authorizing Northcote Borough Council to charge to loan account moneys expended in loan works prior to taking of poll
  • Whereas on the twentieth day of December, nineteen hundred and sixteen, the Northcote Borough Council caused a poll of the ratepayers of the Borough of Northcote to be taken, under the provisions of the Local Bodies Loans Act 1913, on a proposal by the said Council to raise a special loan of three thousand six hundred dollars for the purposes, inter alia, of—

    • (a) Providing the sum of four hundred dollars (part share) to purchase Allotment 54C, Parish of Takapuna (known as Lutener's) for recreation purposes;

    • (b) Providing the sum of seven hundred and seventy-four dollars to purchase Lot 2 of Section 53, Parish of Takapuna, for municipal yards and stables and erecting buildings thereon; and

    • (c) Providing the sum of one thousand three hundred and seventy-eight dollars to construct the wharf approach road:

    And whereas the said proposal was carried, and notice of the result of the poll was published in the New Zealand Gazette for the year nineteen hundred and seventeen at page 47: And whereas the said Council had prior to the raising of the said loan already expended considerable sums of money in and towards carrying out the aforesaid objects and purposes: And whereas none of the said loan-moneys can legally be applied by the said Council in or towards refunding the said amounts already expended by it as aforesaid: And whereas the said Council, as security for the repayment of the said loan-moneys and the interest thereon, is desirous of making and levying a special rate of thirty-five forty-eighths of a cent in the dollar on the annual value of all the rateable property in the said borough, and is also desirous of paying out of the said loan-moneys the interest and sinking fund for the first year, and also the expenses of raising the said loan: And whereas it is expedient that the said Council should be empowered as hereinafter appearing: Be it therefore enacted as follows:—

    (1) It shall be lawful for the said Council out of the said loan-moneys to apply portions thereof (not exceeding, however, the respective amounts, as hereinbefore set out, authorized by the said ratepayers to be raised for carrying out the aforesaid respective objects and purposes), as the case may require, either (a) in or towards refunding the respective amounts already expended by the said Council in or towards carrying out the aforesaid respective objects and purposes, or (b) in or towards completing the aforesaid objects and purposes.

    (2) It shall be lawful for the said Council for the purpose of repaying the said loan-moneys and the interest thereon to make and levy a special rate of thirty-five forty-eighths of a cent in the dollar on the annual value of all the rateable property in the said borough, and also to pay out of the said loan-moneys the amount due for the first year for interest thereon at the rate of five dollars and twenty five cents per centum per annum, and the sinking fund at the rate of one dollar per centum per annum, and also the expenses of raising the said loan.

    The words three thousand six hundred dollars, four hundred dollars, seven hundred and seventy-four dollars, one thousand three hundred and seventy-eight dollars, thirty-five forty-eighths of a cent in a dollar, five dollars and twenty five cents, and one dollar were substituted, as from 10 July 1967, for the words eighteen hundred pounds, two hundred pounds, three hundred and eighty-seven pounds, six hundred and eighty-nine pounds, one penny three farthings in the pound, five pounds five shillings, and one pound pursuant to section 7(1) and (2) Decimal Currency Act 1964 (1964 No 27).

8 Division of Great Barrier Island County into ridings
  • Whereas by special order made under the Counties Act 1908, and published in the New Zealand Gazette of the thirtieth day of September, nineteen hundred and fifteen, the Great Barrier Island County Council redivided the Great Barrier Island County into two ridings, by the name North Riding and the South Riding respectively, but did not definitely describe the boundaries of the said ridings: And whereas doubts have arisen as to the validity of the said special order, and it is expedient to validate the same and to describe the boundaries of the said ridings: Be it therefore enacted as follows:—

    (1) The said special order is hereby validated.

    (2) The boundaries hereinafter described are hereby declared to have been the boundaries of the said ridings as from the day on which the said special order came into force, that is to say,—

    North Riding: All that area of Great Barrier Island bounded towards the west, north, and east by the sea; and towards the south generally by Sections 163, 162, 161, 160, 156, and 3, Aotea Parish, to the northernmost corner of the last-mentioned section; a right line thence to the south-western corner of Section 181; by that section, Section 188, and across a road to the Awana Stream; by that stream to and by the road forming the western boundary of Section 176; and by that section to and across the road at its north-eastern corner, and by Section 176A and its north-eastern boundary produced to the sea.

    South Riding: All that area of Great Barrier Island bounded towards the north generally by the North Riding hereinbefore described, and towards the east, south, and west by the sea.

9 Members of Road Boards in East Taupo or West Taupo County to hold office for term of three years
10 Validating payments by Pukekohe Borough Council in respect of loan of $24,000
  • Whereas on the twenty-third day of August, nineteen hundred and sixteen, the Pukekohe Borough Council caused a poll of the ratepayers of the Borough of Pukekohe to be taken, under the provisions of the Local Bodies Loans Act 1913, on a proposal by the said Council to raise a special loan of twenty-four thousand dollars for the purposes, inter alia, of (a) roads and streets improvement, and (b) improvements and additions to the borough waterworks, including the acquisition of necessary land, and the erection of a new reservoir: And whereas the said proposal was carried, and notice of the result of the poll was published in the New Zealand Gazette of the thirty-first day of August, nineteen hundred and sixteen, on page 2898, and the necessary consent for the raising of the said loan of twenty-four thousand dollars, under section twenty-six of the Appropriation Act 1915, was published in the New Zealand Gazette of the twenty-first day of September, nineteen hundred and sixteen, on page 3053: And whereas the said Council has duly raised the said loan for the purposes aforesaid: And whereas the said Council did expend out of its District Fund Account previous to the date of the taking of the said poll the sum of two hundred and thirty-six dollars and sixty-five cents on the streets improvements and the sum of four hundred dollars for the purchase of a site for the new reservoir: And whereas such amounts were subsequently refunded from the Loan Account to the Council's District Fund Account: And whereas there was no legal authority for such refunds, and the amounts thereof have been transferred from the said Council's District Fund Account to the said Loan Account: And whereas the expenditure of the said sums of two hundred and thirty-six dollars and sixty-five cents and four hundred dollars represented essential parts of the respective schemes submitted to the said poll of the ratepayers: Be it therefore enacted as follows:—

    The action of the said Council in transferring the said sums of two hundred and thirty-six dollars and sixty-five cents and four hundred dollars from the Streets, Electric Light, and Waterworks Loan 1916 Account to the District Fund Account is hereby expressly validated, and, although the said sums have since been refunded at the request of the Auditor-General, the said Council is hereby authorized to again transfer the said sums from the said Loan Account to its District Fund Account.

    The words twenty-four thousand dollars, two hundred and thirty-six dollars and sixty-five cents, and four hundred dollars were substituted, as from 10 July 1967, for the words twelve thousand pounds, one hundred and eighteen dollars six shillings and sixpence, and two hundred pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

11 Including portion of certain closed streets in the Te Aroha Bridge Domain, and authorizing the vesting in the Auckland Education Board of site for a technical school
  • Whereas by Order in Council dated the sixth day of December, nineteen hundred and fifteen, the Governor approved the proposal of the Te Aroha Borough Council that the lands hereinafter described, being portions of certain closed streets, should be added to the Te Aroha Bridge Domain: And whereas it is further desired to transfer portion of the land so added to the Te Aroha Bridge Domain to the Auckland Education Board as a site for a technical school: Be it therefore enacted as follows:—

    (1) The land described in subsection two hereof is hereby declared to be a public domain subject to the provisions of Part 2 of the Public Reserves and Domains Act 1908, and to form part of the Te Aroha Bridge Domain, and to be subject to the control of the Te Aroha Bridge Domain Board.

    (2) The land to which the last preceding subsection relates is more particularly described as follows:—

    All that area in the Auckland Land District, containing two roods eight perches, more or less, being part of Terminus Street in the Te Aroha Town: bounded towards the north-east by Block XXI, Te Aroha Town; towards the south-east by Kenrick Street; towards the south-west by Block XXIV of the aforesaid town; and towards the north-west by Bridge Street:

    Also all that area in the Auckland Land District, containing five acres two roods nine perches, more or less, being parts of Lipsey, Boundary, Honi, and Terminus Streets in the Te Aroha Town: bounded towards the north-east by Block XVI and Boundary Street; towards the south-east by a right line; towards the south generally by a road along the Waihou River; towards the north-east and south-west by Block XXIII; again towards the north-west by Kenrick Street; again towards the north-east, north-west, and south-west by Block XXII; again towards the north-west by Kenrick Street aforesaid; again towards the north-east, north-west, and south-west by Block XVII; and again towards the north-west by Kenrick Street aforesaid: all the aforesaid blocks being of the Te Aroha Town:

    As the same are more particularly delineated on the plan marked PWD 39015, deposited in the office of the Minister of Public Works, at Wellington, in the Wellington Provincial District, and thereon coloured green.

    (3) The Governor-General may, by Warrant under his hand, authorize the issue of a certificate of title over the lands described in subsection four hereof (being portion of the lands described in subsection two hereof) in favour of the Education Board for the Education District of Auckland to be held in trust as a site for a technical school.

    (4) The land authorized to be transferred to the Auckland Education Board is particularly described as follows:—

    All that area in the Auckland Land District, being part of the Te Aroha Bridge Domain, in the Town of Te Aroha, containing by admeasurement thirty-two perches, more or less: bounded towards the north-east by Block XVI (a Government reserve) of the aforesaid Town of Te Aroha, 200 links; towards the south-east and south-west by part of the aforesaid domain, 100 and 200 links respectively; and towards the north-west by Kenrick Street, 100 links: be all the aforesaid linkages more or less: as the same is delineated on plan marked L and S 1/486(A), deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

12 Setting apart land for cemetery reserve at Matuka Bay
  • Whereas the land hereinafter described (being portion of a road along the foreshore of Matuka Bay, in Waiheke Island) is not required as a road, and has for many years been used for burial purposes: And whereas it is desired to close the said land as a road, and to reserve the same for the purposes of a public cemetery: Be it therefore enacted as follows:—

    (1) The portion of the road hereinafter described is hereby closed, and, notwithstanding the provisions of section one hundred and twenty-two of the Land Act 1908, or any other Act, the land comprised therein is hereby declared to be a reserve for the purposes of a public cemetery.

    (2) The area to which this section refers is more particularly described as follows:—

    All that area in the Auckland Land District, being part of a road reserve situated in Waiheke Island, Block VII, Waiheke Survey District, and containing two acres and thirty-seven perches, more or less: bounded towards the north-west by a public road forming the southern boundary of Section 95, Waiheke Island, 935 links; towards the north-east by a public road forming the south-western boundary of Section 91, Waiheke Island aforesaid, 229.9 links; towards the south-east by a road reserve, 290 links; towards the south by high-water mark of Matuka Bay; and towards the south-west by a road reserve, 185 links: be all the linkages aforesaid more or less: as the same is delineated on plan marked L and S 2/342 (A), deposited in the Head Office, Lands and Survey Department, Wellington, and thereon edged red.

13 Charging certain moneys to Swamp Land Drainage Account in respect of Waihi Drainage Area
  • Whereas by Order in Council dated the nineteenth day of June, nineteen hundred and sixteen, certain land was declared to be a drainage area under the Swamp Drainage Act 1915, to be called the Waihi Drainage Area: And whereas prior to the constitution of such drainage area certain sums of money had been appropriated out of the Public Works Fund by Parliament and expended in works for the drainage and reclamation of land within such drainage area, and it is desirable that the sums so appropriated and expended should be recouped to the Public Works Fund out of the Swamp Land Drainage Account: Be it therefore enacted as follows:—

    (1) The Minister of Finance may, without further appropriation than this Act, pay out of the Swamp Land Drainage Account into the Public Works Fund the sum of nine thousand one hundred and twenty-seven dollars and ninety-five and five-sixth cents, being the amount so appropriated and expended as aforesaid.

    (2) The amount so paid out of the Swamp Land Drainage Account shall for the purposes of section five of the Swamp Drainage Act 1915, be deemed to be moneys raised under that Act and expended on the Waihi Drainage Area.

    Section 13 was amended, as from 10 December 1918, by section 25 Reserves and other Lands Disposal and Public Bodies Empowering Act 1918 (1918 No 23) by substituting the words Public Works Fund for the words Consolidated Fund wherever they occur.

    The words nine thousand one hundred and twenty-seven dollars and ninety-five and five-sixth cents were substituted, as from 10 July 1967, for the words four thousand five hundred and sixty-three pounds nineteen shillings and sevenpence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

14 Authorizing the acquisition of sites of certain astronomical and magnetic stations
  • (1) The Governor-General is hereby empowered to acquire, as for a public work under the Public Works Act 1981, the lands hereinafter described as sites for astronomical and magnetic stations.

    (2) The lands to which this section relates are more particularly described as follows:—

    All that area in the Auckland Land District, containing by admeasurement one and a half perches, being a square piece of land at the Observation Site, Doubtless Bay, in Section 133, Parish of Mangonui, two opposite sides of which are parallel with the southern side of the road forming the northern boundary of the said section, and running through two points distant 15.15 links from the centre of the concrete block of the station, the other two sides being at right angles to the southern side of the said road and also distant 15.15 links from the centre of the station:

    Also all that area, containing by admeasurement one and a half perches, being a square piece of land at the Magnetic Station, Doubtless Bay, in Section 146, Parish of Mangonui, one side of the square being part of the southern side of the road along the seashore forming the northern boundary of the said Section 146, the opposite side being a line parallel to and 30.3 links distant from the southern side of the said road, and the other two sides at right angles to the southern side of the said road and running through points distant 15.15 links from the centre of the magnetic station:

    As the same are delineated on the plan marked L and S 51527, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured red.

    The Public Works Act 1908 (1908 No 160) was repealed, as from 6 October 1928, by section 346 Public Works Act 1928 (1928 No 21).

    That Act was in turn repealed, as from 1 February 1982, by section 248(1) Public Works Act 1981 (1981 No 35).

15 Cancelling reservation over certain landing reserves in Auckland Land District
  • The reservation for landing purposes over Sections 16A and 17A, Paparoa Parish, in the Land District of Auckland, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1948.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

16 Cancelling reservation over certain timber reserves in Auckland Land District
  • (1) The reservation for the growth and preservation of timber over the lands hereinafter described is hereby cancelled, and the said lands are hereby declared to be Crown land available for disposal under the Land Act 1948.

    (2) The lands to which this section relates are more particularly described as follows:—

    • (a) All that parcel of land in the Auckland Land District, situated partly in the Thames Survey District and partly in the Tairua Survey District, containing five hundred and seventy acres, more or less, commencing at the northernmost angle of Te Horete No 1B Block: bounded towards the south-east by a right line bearing 39° (true), 70 chains; towards the east by a right line due north, 30 chains; towards the north by a right line due west to the Apakura Stream: towards the north-west by the Apakura Stream and the Puriri River to a point due north of a point on the north-western boundary of Te Horete No 2 Block at a distance of 20 chains from the eastern boundary of Te Horete No 3A Block; towards the west by a right line due south to the Te Horete No 2 Block; and again towards the south-east by that block and by Te Horete No 1B Block to the point of commencement:

    • (b) All that parcel of land in the Auckland Land District, situated in the Ohinemuri Survey District, containing one thousand one hundred and fifty acres, more or less, commencing on the northern boundary of the Ohinemuri Survey District at a point 80 chains distant from the western boundary of that survey district: bounded towards the north by the northern boundary of Ohinemuri Survey District; towards the north-east and north-west by a timber lease of two thousand six hundred and sixty-two acres to a point on its south-east boundary 50 chains distant from its southernmost angle; towards the east by a right line due south, 60 chains; towards the south by a right line due west, 80 chains; towards the west by a right line due north, 50 chains; again towards the south by a right line due west, 115 chains; and again towards the west by a right line due north to the point of commencement:

    • (c) All that parcel of land in the Auckland Land District, situated on the Onetai Stream, in the Ohinemuri Survey District, containing two hundred and forty acres, more or less, commencing at a point 85 chains due south of the northern boundary of Ohinemuri Survey District and 75 chains due east of the western boundary of that district: bounded towards the north by a right line due east, 60 chains; towards the east by a right line due south, 40 chains; towards the south by a right line due west, 60 chains; and towards the west by a right line due north, 40 chains:

    • (d) All that parcel of land in the Auckland Land District, situated on the Waipaheke River, Ohinemuri Survey District, containing three hundred and sixty acres, more or less, commencing on the western boundary of a timber lease of six hundred and thirty-eight acres at a point 60 chains north of the Waipaheke River: bounded towards the east by a timber lease (six hundred and thirty-eight acres); towards the south by the Waipaheke River; towards the west by a right line due north to a point 70 chains due west of the point of commencement; and towards the north by a right line due east, 70 chains, to the point of commencement.

    • (e) All that parcel of land in the Auckland Land District, situated in Ohinemuri Survey District, containing two hundred and fifty acres, more or less, commencing at a point 25 chains due north of Trigonometrical Station 89A, Maratoto: bounded towards the north by a right line due east, 30 chains; towards the east by a right line due south, 50 chains; towards the south by a right line due west, 50 chains; towards the west by a right line due north, 50 chains; and again towards the north by a right line due east, 20 chains, to the point of commencement:

    • (f) All that parcel of land in the Auckland Land District, situated in Ohinemuri Survey District, containing four hundred and fifty acres, more or less, commencing at a point 15 chains due south of the westernmost angle of Whangamata No 6 Block: bounded towards the east by a right line due south, 50 chains; towards the south by a right line due west, 90 chains; towards the west by a right line due north, 50 chains; and towards the north by a right line due east, 90 chains, to the point of commencement:

    • (g) All that area in the Auckland Land District, situated in Blocks IX, Thames, and IX, Tairua Survey Districts, and containing two hundred and twenty-five acres, more or less: bounded towards the north generally by Hauraki Pastoral Lease No 86 and Taparahi No 2B Block; towards the south-east by Pakirarahi No 2A Block; towards the south by Hauraki Pastoral Lease No 12; and towards the west generally by a public road:

    As the same are delineated on plan marked L and S 23905 (A), deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

17 Cancelling reservation for growth and preservation of timber over Section 432, Waiotahi Parish
  • The reservation for the growth and preservation of timber over Section 432, Waiotahi Parish, Auckland Land District, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1948.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

18 Cancelling reservation as school-site over Section 240, Mangawai Parish
  • The reservation for the purpose of a school-site over Section 240, Parish of Mangawai, Auckland Land District, containing five acres, more or less, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1948.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

19 Cancelling the reservation as a resting-place for travelling stock over portion of Section 17, Block XIII, Waiawa Survey District
  • (1) The reservation as a resting-place for travelling stock over Section 17, Block XIII, Waiawa Survey District, in the Land District of Auckland, is hereby cancelled as to the portion thereof hereinafter described, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1948.

    (2) The land over which the reservation is hereby cancelled is more particularly described as follows:—

    All that area in the Auckland Land District, being part of Section 17 of Block XIII, Waiawa Survey District, containing by admeasurement thirteen acres and two roods, more or less: bounded towards the north-west generally by Section 18 of the aforesaid Block XIII, 280 links; by the Pakihi Stream and by the other portion of Section 17 aforesaid, 60 and 1149.3 links; towards the east generally by the aforesaid Pakihi Stream; towards the south-east and south-west generally by a public road, 120, 279, 343.6, 71.7, 79.1, 354.3, 71.2, 297.7, 253.2, 103.1, 110.3, 159.2, 161.4, and 346.4 links: be all the aforesaid linkages more or less: as the same is delineated on plan marked 1912/1084A, deposited in the Head Office, Department of Lands and Survey, Wellington, and thereon edged red.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

20 Authorizing acquisition of certain land for saleyards in excess of area prescribed by Part 13 of Land Act 1908
  • Whereas it is desirable in the public interest that the New Zealand Loan and Mercantile Agency Company (Limited), in conjunction with the Farmers' Co-operative Auctioneering Company (Limited) and Dalgety and Company (Limited), should be permitted to acquire for the purpose of saleyards the land hereinafter described: And whereas the said companies are precluded from acquiring such land by reason of the provisions of Part 13 of the Land Act 1908: Be it therefore enacted as follows:—

    (1) Notwithstanding the provisions of Part 13 of the Land Act 1908, or of section eighteen of the Land Laws Amendment Act 1912, the said companies may purchase the said land under and subject to the provisions of the said section eighteen.

    (2) The land to which this section relates is all that area of land, containing nine acres one rood twenty-five perches, being part of Pukenui 2D No 3G, in the Auckland Land District, being the land shown on deposited plan No 11116 in the Land Transfer Office at Auckland, and being part of the land comprised in certificate of title, Volume 247, folio 300, in the Register-book of the District Land Registrar at Auckland.

21 Cancelling reservation for landing purposes over Section 2A, Block I, Rangaunu Survey District
  • The reservation for landing purposes over Section 2A, Block I, Rangaunu Survey District, in the Auckland Land District, containing fifteen acres, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1948.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

22 Authorizing issue of title to Section 51, Town of Hamilton East
  • The Governor-General is hereby empowered to execute a Warrant for the issue of a certificate of title to the General Trust Board of the Diocese of Auckland for Section 51, Town of Hamilton East, in the Auckland Land District, containing three roods and twenty perches.

23 Cancellation of reservation for a rifle range over Section 30, Block XVI, Kawakawa Survey District
  • The reservation for the purposes of a rifle range over Section 30, Block XVI, Kawakawa Survey District, in the Auckland Land District, containing forty-one acres three roods twenty perches, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1948.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

24 Cancellation of reservation over middle portion, Lot 26A, Section 2, Parish of Takapuna
  • (1) The reservation contained in Crown grant dated the second day of July, eighteen hundred and sixty-two, to John Baptist Francis Pompallier, Roman Catholic Bishop of Auckland, and his successors, of middle portion of Lot 26A of Section 2, Parish of Takapuna, containing two roods, more or less, that such land was to be used as a place for the interment of the dead according to the usage of the Roman Catholic Church, is hereby cancelled, and the said land is hereby vested in Henry William Cleary, Roman Catholic Bishop of Auckland, as a corporation sole, and his successors in office, in fee-simple, absolutely freed and discharged from the said reservation.

    (2) The Governor-General is hereby authorized upon the surrender of the said Crown grant to issue a Warrant to the District Land Registrar at Auckland authorizing him to issue a certificate of title accordingly for the said land to the said Henry William Cleary, Roman Catholic Bishop of Auckland.

25 Validating leases over railway lands in the City of Auckland
  • Whereas certain Harbour Board lands in the City of Auckland were, by notice under the Harbours Act 1908, dated the twentieth day of August, nineteen hundred and fifteen, and published in the Gazette of the twenty-sixth day of August, nineteen hundred and fifteen, taken for railway purposes: And whereas the lessees of a certain portion, known as area Z, of the lands so taken were, under the provisions of section 126 of the Harbours Act 1908, entitled to compensation in respect of their leasehold interests therein: And whereas the Minister of Railways, acting under the powers conferred upon him by section eighty-four of the Public Works Act 1908, and by section three of the Government Railways Amendment Act 1913, has granted to certain lessees of portions of area Z of the said lands leases of portions of other railway land in the said city in part satisfaction of compensation as aforesaid: And whereas the said leases contain covenants on the part of the Minister to pay to the lessees compensation for part of the value of buildings that may be upon the land at the expiration or determination of the leases: And whereas doubts have arisen as to the power of the Minister to enter into such covenants: And whereas the validity of the said leases may be doubted in consequence of the statutory provisions not having been strictly observed, and it is desirable that such leases should be validated: Be it therefore enacted as follows:—

    The said leases shall as from the commencement thereof be valid to all intents and purposes.

26 Authorizing the laying-off of a street in the City of Auckland of a less width than 40 ft
  • Whereas St Martin's Lane, in the City of Auckland, is a public street of varying width not exceeding fifteen feet: And whereas a right-of-way in continuation thereof, twelve feet wide, giving access to part of Allotment 6 of Section 15 of the Suburbs of Auckland, has existed for over thirty years, and was for the whole of that period used by the public as a means of access to the Suspension Bridge over the Cemetery Gully in the City of Auckland, and was formed and maintained by the Auckland City Council: And whereas by plan No 14595 deposited in the Survey Office at Auckland under the Auckland (Symonds Street) Cemeteries Act 1908, a certain strip of land marked St Martin's Lane is shown as adjoining a public reserve vested in the Auckland City Council by the said Act, and also as running through part of Allotment 6 of Section 15 of the Suburbs of Auckland: And whereas the said St Martin's Lane adjoins only a portion of the said public reserve, and the effect of the said plan and Act may be to affect the title of the adjoining owners: And whereas the said adjoining owners are desirous of dedicating as a public road a portion of the said strip of land marked St Martin's Lane on the said plan, including the right-of-way above mentioned: Be it therefore enacted as follows:—

    Upon any portion of the said strip of land being formed or put in order to its satisfaction the Auckland City Council is hereby authorized to accept the dedication of any such portion as a public road:

    Provided that the provisions of section one hundred and seventeen of the Public Works Act 1908, shall not apply to any piece of land so dedicated as aforesaid as a public road.

27 Authorizing renewal of timber license issued to the Leyland-O'Brien Timber Company (Limited)
  • Whereas by license dated the eighth day of January, nineteen hundred and ten, issued to the Leyland-O'Brien Timber Company (Limited), under the hand of the Commissioner of Crown Lands for the Auckland Land District, the said company was licensed to cut and remove from Crown land situated in Blocks II, VI, and VII, Tairua Survey District (Stony Creek), in the Auckland Land District, certain kauri timber standing or lying thereon: And whereas the said company failed through inadvertence to apply before the expiry of the said license for a renewal thereof, and the timber in consequence reverted to the Crown pursuant to regulations in that behalf under the Land Act, as published in the Gazette of the fifteenth day of April, nineteen hundred and nine: And whereas it is desirable that the said timber be restored to the said company, and that the said license be renewed: Be it therefore enacted as follows:—

    Notwithstanding anything in the regulations aforesaid, the Minister may renew the said license as from the date of the expiry thereof.

28 Authorizing exchange of land by Thames Harbour Board
  • Whereas the land described in subsection two hereof is vested in the Thames Harbour Board, and the said Board is desirous of transferring the said land to one Henry Hopper Adams, of Takapuna, near Auckland, mining engineer, in exchange for the land described in subsection three hereof: And whereas the Thames Harbour Board is desirous of selling to the Thames Borough Council the land proposed to be transferred to the said Harbour Board by the said Henry Hopper Adams: Be it therefore enacted as follows:—

    (1) The Thames Harbour Board is hereby empowered to transfer and assure the land described in subsection two hereof to the said Henry Hopper Adams for an estate in fee-simple, in exchange for the land described in subsection three hereof, which land shall be transferred and assured by the said Henry Hopper Adams to the Thames Harbour Board for an estate in fee-simple; and the Thames Harbour Board is hereby authorized and empowered to sell and transfer the said land to the Thames Borough Council, and pending such sale the said land shall be held subject to the same statutory provisions and conditions as now affect the land described in subsection two hereof.

    (2) The land which the Thames Harbour Board is hereby empowered to exchange and transfer is particularly described as follows:—

    All that piece of land in the Auckland Land District, containing by admeasurement three roods twelve perches, more or less, being part of Moanataiari 1A and Kauaeranga 28A Blocks, and being part of the land comprised in certificate of title, Volume 252, folio 239, in the Auckland Lands Registry Office: bounded towards the east by Beach Road, 185 links; thence towards the south by other part of said Moanataiari 1A and Kauaeranga 28A Blocks, 448.65 links; thence towards the west by other part of said Moanataiari 1A Block, 182.25 links; thence towards the north by other part of said Moanataiari Block 1A, 448.65 links: as the said piece of land is more particularly shown on the plan deposited in the office of the District Land Registrar at Auckland.

    (3) The land for which the Thames Harbour Board is authorized to exchange the land described in subsection two hereof is particularly described as follows:—

    All that parcel of land in the Auckland Land District, containing by admeasurement three roods twelve perches, more or less, being part of Kauaeranga 28A Block, and being the whole of the land contained in certificate of title, Volume 34, folio 186, in the Auckland Lands Registry Office: bounded towards the east by Beach Road, 182.25 links; thence towards the south by other part of said Kauaeranga 28A Block, 453.1 links; thence towards the west by other part of said Kauaeranga 28A Block, 182.25 links; thence towards the north by other part of said Kauaeranga 28A Block, 451.1 links: as the said parcel of land is more particularly shown on a plan deposited in the office of the District Land Registrar at Auckland.

29 Closing certain streets, Borough of Paeroa, and adding same to Paeroa Domain
  • Whereas MacKay Street and parts of Alpha, Hall, King, Lewis, Olga, and Victoria Streets, in the Borough of Paeroa, are not used as public streets, but are used as part of the Paeroa Domain, and it is desirable that the said streets should be closed and the land comprised therein added to the said domain: Be it therefore enacted as follows:—

    (1) MacKay Street and the parts of Alpha, Hall, King, Lewis, Olga, and Victoria Streets, in the Borough of Paeroa, as hereinafter described are hereby declared closed, and, notwithstanding anything in the Municipal Corporations Act 1908, the land comprised therein is hereby declared Crown land set apart for the purposes of and deemed to form part of the Paeroa Domain.

    (2) The parcels of land to which this section relates are particularly described as follows:—

    All those areas containing respectively two acres and seventeen and two-fifth perches, being MacKay Street and parts of Alpha and Hall Streets; one and three-tenths perches, being part of King Street; and two acres one rood four and nine-tenths perches, being parts of Lewis, Olga, and Victoria Streets: all in the Borough of Paeroa, and within the boundaries of the Paeroa Domain: as the same are more particularly delineated on the plan marked L and S 1/17A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured green.

30 Cancelling the reservation for public saleyards over pieces of land in the Borough of Hamilton, and setting apart the same as an endowment in aid of the borough funds
  • Whereas by a Proclamation dated the sixteenth day of August, nineteen hundred and seven, and issued in pursuance of the Public Works Act 1905, certain lands in the Borough of Hamilton were duly taken for the purpose of the construction of a public street and public saleyards, and vested in the Mayor, Councillors, and Burgesses of the said borough: And whereas portions of the said lands as hereinafter described are no longer required for the purpose for which they were acquired, and it is desirable that the said lands should be declared to be a municipal endowment: Be it therefore enacted as follows:—

    (1) The lands hereinafter described are hereby declared to be vested in the Corporation of the Borough of Hamilton as a municipal endowment.

    (2) The lands to which this section relates are more particularly described as follows:—

    • (a) All that area in the Auckland Land District, containing by admeasurement three acres one rood thirty-four perches, more or less, being part Section 11, Hamilton West Town Belt: bounded towards the north-west by the southern side of the Auckland-Thames Railway Reserve; towards the north-east by the western side of Hinemoa Street; towards the south-east by the northern side of Ward Street; and towards the south-west by the eastern side of Seddon Street.

    • (b) [Repealed]

    Subsection (2)(b) was repealed, as from 10 December 1918, by section 18(3) Reserves and other Lands Disposal and Public Bodies Empowering Act 1918 (1918 No 23).

31 Cancelling reservation over Section 255A, Town of Hamilton West, and Sections 36 and 117, Town of Hamilton East, and setting same apart as endowments in aid of borough funds
  • Whereas Allotment 255A of the Town of Hamilton West and Allotment 36 of the Town of Hamilton East are vested in the Mayor, Councillors, and Burgesses of the Borough of Hamilton in trust for public-pound purposes, but are no longer required for such purposes: And whereas Allotment 117 of the Town of Hamilton East is vested in the Mayor, Councillors, and Burgesses of the Borough of Hamilton for the purposes of a gravel-pit, but all available gravel has been removed therefrom: Be it therefore enacted as follows:—

    The reservation over Allotment 255A of the Town of Hamilton West and over Allotments 36 and 117 of the Town of Hamilton East as before mentioned are hereby cancelled, and the said allotments are hereby vested in the Mayor, Councillors, and Burgesses of the Borough of Hamilton for an estate in fee-simple as endowments in aid of the borough funds.

32 Allocating land in Rotorua subject to the Tourist and Health Resorts Control Act 1908, to the purpose of a school-site
  • Whereas by notice published in the Gazette of the twelfth day of April, eighteen hundred and eighty-three, portion of Block LVIII, Town of Rotorua, was set apart for the purpose of a park or domain for the public use and enjoyment of the inhabitants of the Town of Rotorua: And whereas by notice published in the Gazette of the twenty-third day of March, nineteen hundred and five, Section 3, Block LVIII, Town of Rotorua, was set apart as a hospital reserve: And whereas both of the said pieces of land were by Order in Council published in the Gazette of the twelfth day of March, nineteen hundred and eight, brought under the Tourist and Health Resorts Control Act 1908: And whereas it is desirable that the portions of the said pieces of land hereinafter described be set apart as an addition to the Rotorua Public School site: Be it therefore enacted as follows:—

    (1) The reservation for the purpose of a park or domain over the land described in paragraph (a) of subsection three hereof, and the reservation for the purpose of a hospital reserve over the land described in paragraph (b) of subsection three hereof, are hereby cancelled, and the said lands shall on the passing of this Act cease to be subject to the Tourist and Health Resorts Control Act 1908.

    (2) The said lands are hereby set apart for the purpose of a public-school site and vested in the Education Board for the Education District of Auckland.

    (3) The lands to which this section relates are more particularly described as follows:—

    • (a) All that land in the Auckland Land District, containing one rood twelve and six-tenths perches, more or less, being portion of Block LVIII of the Town of Rotorua: bounded towards the north by other part of the said recreation reserve, 235 links; towards the east by Section 3 of Block LVIII of the Town of Rotorua, 139.86 links; towards the south by part of said Block LVIII, 235 links; and towards the west by a line, 139.86 links:

    • (b) All that land in the Auckland Land District, contiguous to the before-described land, containing two roods twenty-seven and four-tenths perches, more or less, being portion of Section 3 of Block LVIII of the Town of Rotorua: bounded towards the north by other part of same Section 3, 480 links; towards the east by Rangiuru Street, 139.86 links; towards the south by other part of the said Block LVIII, 480 links; and towards the west by part of the Pukeroa Recreation Reserve, 139.86 links:

    Be all the said several linkages a little more or less: as the said two pieces of land are delineated on the plan marked L and S 36594A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged pink.

33 Authorizing issue of title to Lot 302 of Section 1, Town of Tauranga, to Piri Erueti
  • Whereas by Order in Council dated the twenty-seventh day of June, eighteen hundred and ninety-three, issued under the Public Trust Office Act 1872, Lot 302 of Section 1, Town of Tauranga, was vested in the Public Trustee in trust for the benefit of members of the Ngati-Rangiwewehi Tribe: And whereas all the members of the said tribe have consented to the land being vested in Piri Erueti for his own use and benefit absolutely: Be it therefore enacted as follows:—

    (1) The Public Trustee is hereby empowered and directed to transfer the title to the said land to the said Piri Erueti at the cost and expense of the said Piri Erueti, free from all trusts, but subject nevertheless to a deed of lease dated the first day of July, nineteen hundred and one, and made between the Public Trustee and James Alexander Mann, of Tauranga, merchant, whereby the Public Trustee did lease unto the said James Alexander Mann the said land for a term of twenty-one years from the first day of July, nineteen hundred and one.

    (2) The Public Trustee is further empowered and directed to pay to the said Piri Erueti such moneys derived from the said land as may be in his hands at the date of the passing of this Act or that may thereafter be received by him.

34 Vesting approaches to Mangere Bridge in Onehunga Borough Council
  • Whereas, under the authority of a Warrant under the hand of His Excellency the Governor bearing date the twenty-sixth day of June, nineteen hundred and thirteen, the body corporate called the Inhabitants of the Mangere Road District was authorized to construct a bridge across the Manukau Harbour, together with the approaches thereto, between the Onehunga Borough and the Mangere Road District, which bridge and approaches are more particularly described on a plan marked PWD 33416, deposited in the office of the Minister of Public Works, at Wellington, which bridge is called the new Mangere Bridge: And whereas such new bridge was duly constructed, and is in substitution for an old bridge which was constructed by the Inhabitants of the Mangere Road District under the authority of a Warrant under the hand of His Excellency the Governor issued pursuant to section four of the Public Works Amendment Act 1887, but such new bridge was constructed on a different site from that of the former bridge: And whereas, following the Warrant of His Excellency the Governor dated the twenty-sixth day of June, nineteen hundred and thirteen, it is desirable that there should be issued a Warrant making provision for vesting the control of the said bridge and the approaches thereto: And whereas the said body corporate called the Inhabitants of the Mangere Road District has lately entered into an agreement with the body corporate called the Mayor, Councillors, and Burgesses of the Borough of Onehunga whereby the control of the approaches to the said new Mangere Bridge at the Onehunga end thereof (as are hereinafter described) shall be vested in the said Mayor, Councillors, and Burgesses of the Borough of Onehunga, but that the control of the said bridge and the approaches thereto at the Mangere end thereof shall be vested in the Inhabitants of the Mangere Road District: And whereas doubt has arisen as to whether there is lawful authority for the issue of a Warrant to vest the control of the said approaches at the Onehunga end of the said bridge in the said Mayor, Councillors, and Burgesses of the Borough of Onehunga whilst vesting the control of the said bridge and the approaches at the Mangere end thereof in the Inhabitants of the Mangere Road District: And whereas it is desirable that such doubt shall be removed: And whereas it is part of the agreement between the said Inhabitants of the Mangere Road District and the Mayor, Councillors, and Burgesses of the Borough of Onehunga that the said Mayor, Councillors, and Burgesses of the Borough of Onehunga shall pay to the Inhabitants of the Mangere Road District the sum of seven hundred and twenty dollars, being the cost already incurred by the said Inhabitants of the Mangere Road District of constructing, maintaining, repairing, and improving the approaches of the said new bridge at the Onehunga end thereof: And whereas it is desirable to sanction the payment of such sum: Be it therefore enacted as follows:—

    (1) The Governor-General may, by Warrant under his hand, vest the control of the approaches to the said new bridge at the Onehunga end thereof, being all that area in the Land District of Auckland, containing thirty-four and nine-tenths perches, more or less, being part of Allotments 16 and 17 of Section 30 of the Town of Onehunga—bounded towards the north-west by a road, 49.51 links, 70.7 links, 125.58 links; towards the east by said Lot 16, 43.09 links, 31.52 links, 38.69 links, and 238.72 links; towards the south by the railway, 5 links and 74.6 links; and towards the west by said Lot 17, 170.14 links, 69.76 links, and 18.37 links—and more particularly described on the plan marked PWD 33416, in the Mayor, Councillors, and Burgesses of the Borough of Onehunga, and that such Warrant shall pro tanto have the same effect as if it were a Warrant issued in favour of the said Mayor, Councillors, and Burgesses of the Borough of Onehunga under the provisions of section one hundred and twenty of the Public Works Act 1908.

    (2) It shall be lawful for the Mayor, Councillors, and Burgesses of the Borough of Onehunga to pay to the Inhabitants of the Mangere Road District, upon the issue of the said Warrant as aforesaid, the sum of seven hundred and twenty dollars for the cost already incurred as aforesaid by the Inhabitants of the Mangere Road District of constructing, maintaining, repairing, and improving the said approaches.

    (3) The issue of a Warrant to be made under the hand of the Governor-General vesting the control of the said new bridge and the approaches thereto at the Mangere end of the said bridge shall be deemed to be in due compliance with the provisions of said section one hundred and twenty of the Public Works Act 1908.

    The words seven hundred and twenty dollars were substituted, as from 10 July 1967, for the words three hundred and sixty pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

35 Authorizing the raising of a loan for the enlargement, &c, of the Taneatua Public Hall
  • Whereas by virtue of section eighteen of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1916, the building known as the Taneatua Hall and the land upon which the same is situated (the said land being more particularly described in subsection eight of the said section eighteen) were vested in the Whakatane County Council (therein and hereinafter referred to as the trustees) in trust for certain public purposes as expressed in the said section: And whereas it is necessary and expedient that the said hall should be enlarged and considerably improved, and that a new system of lighting should be installed therein, to render it fully adequate to meet the needs of the Taneatua district, and for that purpose the trustees are desirous of raising a special loan under the provisions of the Local Bodies Loans Act 1913, and its amendments: And whereas in view of the limited trusts upon which the said land and hall are vested in the trustees by the said section eighteen it is doubtful whether the trustees have power in that behalf: And whereas it is deemed expedient that the said land and the said Taneatua Hall shall, notwithstanding anything contained or implied in the said section eighteen, at all times be deemed to be a public work within the meaning of the Counties Act 1908, and its amendments, and of the Local Bodies Loans Act 1913, and its amendments, and that the trustees shall have power for the purposes above mentioned to raise a special loan under the provisions of the last-mentioned Act and its amendments: Be it therefore enacted as follows:—

    (1) Notwithstanding anything contained or implied in section eighteen of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1916, the said land and the said Taneatua Hall shall at all times be and be deemed to be a public work within the meaning of the Counties Act 1908, and its amendments, and of the Local Bodies Loans Act 1913, and its amendments.

    (2) For the purposes of enlarging and generally improving the said hall and of installing a new system of lighting therein the trustees shall have and may exercise all the powers of raising a special loan under the provisions of the Local Bodies Loans Act 1913, and its amendments, as are vested in and exercisable by a local authority.

    (3) Subsection two of section eighteen of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1916, is hereby amended by adding at the end thereof the following: And the Board of the said town district shall as from the date of its constitution, or such other date as may be agreed upon, take over from the trustees and assume liability for the amount or balance of any special loan or loans which the trustees may have raised for the purposes of or with respect to the said hall.

36 Authorizing Tauranga Borough Council to devote surplus from drainage loan for purpose of installing private drains
  • Whereas the Tauranga Borough Council raised a special loan of sixteen thousand dollars, called The Tauranga Special-rating Area Drainage Loan of [$16,000], 1913, for the purpose of installing a drainage-system in the special-rating area of the Borough of Tauranga: And whereas, after installing the said drainage and paying the cost of raising the loan, there is a surplus out of the loan of two hundred and forty-six dollars and forty-four and a sixth cents not at present required for the purposes of the loan: And whereas it is desired, instead of applying such moneys towards repayment of the loan as required by section seven of the Local Bodies Loans Act 1913, to utilize such surplus for the purpose of installing private drains and assisting owners in such special-rating area as provided in clauses twenty-six and twenty-seven of the Municipal Corporations Amendment Act 1910: Be it therefore enacted as follows:—

    The surplus moneys out of the loan aforesaid not at present required by the Tauranga Borough Council for the original purpose of the aforesaid loan may be paid to the District Fund, and, together with such other moneys as may be appropriated by the Council from time to time, may be set apart, used, and applied by the Council as provided in sections twenty-six and twenty-seven of the Municipal Corporations Amendment Act 1910, anything in the Local Bodies Loans Act 1913, to the contrary notwithstanding; and when no longer required for such purposes such surplus shall be applied either towards the original purposes of the loan or in repayment of the loan.

    The words sixteen thousand dollars, and two hundred and forty-six dollars and forty-four and a sixth cents were substituted, as from 10 July 1967, for the words eight thousand pounds, and one hundred and twenty-three pounds four shillings and five pence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

37 Giving effect to agreement for dissolution of Manukau Water-supply Board, and division of Board's assets
  • Whereas the Manukau Water-supply Board is a Water-supply Board incorporated under the provisions of the Water-supply Act 1908, whose district consists of a portion of the One Tree Hill Road District and a portion of the City of Auckland, and such Board is desirous of being dissolved, and the said Road Board and City Council have agreed to take over the assets and liabilities of the said Water-supply Board in manner hereinafter appearing: Be it therefore enacted as follows:—

    (1) The Manukau Water-supply Board shall as from the thirtieth day of November, nineteen hundred and seventeen, be dissolved and cease to exist.

    (2) The assets and liabilities of the said Water-supply Board shall be transferred to and taken over by the One Tree Hill Road Board and the Auckland City Council in such shares and proportions as shall be agreed upon between the said two bodies, with power to the said Bodies to sell or otherwise dispose of any of the said assets as may be agreed upon between them.

    (3) The One Tree Hill Road Board shall be and become liable for the sum of twenty thousand and forty-six dollars, being fifty-five decimal fifteen per centum of the special loan owing by the Water-supply Board and secured by special rate over its district, and shall be entitled to collect such special rate on all land now subject thereto within the One Tree Hill Road District; and the Auckland City Council shall be and become liable for the sum of sixteen thousand three hundred and four dollars, being forty-four decimal eighty-five per centum of the said special loan, and shall be entitled, if it so desires, to collect the said special rate on all land now subject thereto within the City of Auckland; but the said City Council shall be entitled, if it so desires, to pay the instalments in connection with the said loan out of any special rate which it is authorized to strike in the City of Auckland.

    (4) The One Tree Hill Road Board and the Auckland City Council shall be respectively entitled to collect, sue for, and recover in their respective districts any rates levied by the Manukau Water-supply Board and unpaid on the thirtieth day of November, nineteen hundred and seventeen.

    (5) The One Tree Hill Road Board shall have all the powers vested in certain Road Boards by sections one hundred and forty-five, one hundred and forty-six, one hundred and forty-seven, and one hundred and forty-eight of the Road Boards Act 1908, in the same manner and to the same extent as if that Road Board were included in Schedule 3 to the said Act.

    The words twenty thousand and forty-six dollars, and sixteen thousand and three hundred and four dollars were substituted, as from 10 July 1967, for the words ten thousand and twenty-three pounds, and eight thousand one hundred and fifty-two pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

38 Authorizing the extension of timber license in Patetere North-east Survey District, Auckland Land District, held by W McArthur
  • Whereas by license dated the eleventh day of April, nineteen hundred and eleven, issued under the hand of the Minister of Lands, William Thomson was licensed to cut and remove from Crown land in Block V, Patetere North-east Survey District, in the Auckland Land District, certain timber standing thereon: And whereas the rights under such license subsequently became vested by transfer in William McArthur, of Mangatapu, sawmiller: And whereas the said William McArthur failed to apply before the expiry of the said license for an extension of time for the removal of such timber, and the timber in consequence reverted to the Crown: And whereas it is desirable that the said timber be restored to the said William McArthur: Be it therefore enacted as follows:—

    Notwithstanding anything in the Land Act 1948, or the regulations thereunder, the Minister may renew the said license as from the date of the expiry thereof.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

39 Authorizing the Mangere Road Board to raise a special loan
  • Whereas the Mangere Road Board proposes to raise a special loan for the purpose of providing a water-supply to a portion of the Mangere Road District, and such proposal will shortly be submitted to the ratepayers of such portion of the district for their approval: And whereas doubt has arisen as to whether the said Board has power at law to raise such loan, and it is expedient to remove such doubt: Be it therefore enacted as follows:—

    Subject to the approval of the ratepayers of such portion of the Mangere Road District being first obtained, and with the consent of the Governor-General in Council, the Mangere Road Board is hereby authorized to raise a special loan for water-supply to such portion of the Mangere Road District as it may decide so to provide; and this power shall be deemed to be as full and effective as if it were granted by the Road Boards Act 1908, and the Local Bodies Loans Act 1913.

40 Enlarging the boundaries of the Papakura Town District
  • Notwithstanding anything in the Town Boards Act 1908, limiting the area of a town district to two square miles, the Governor-General, pursuant to section seven of the said Act, may enlarge the boundaries of the Papakura Town District, but so that the said town district shall not exceed an area of three square miles.

41 Amendment of Proclamation setting apart land for discharged soldiers
  • Whereas by Proclamation dated the nineteenth day of February, nineteen hundred and sixteen, portion of the Awa-o-totara Block, in the Hawke's Bay Land District, was set apart for disposal to discharged soldiers under section four of the Discharged Soldiers Settlement Act 1915: And whereas certain parts of the area so set apart were included in error in the said Proclamation, and it is desired to amend that Proclamation accordingly: Be it therefore enacted as follows:—

    The said Proclamation is hereby amended by excluding from the lands to which it relates the following lands, namely: Sections 5, 6, 7, 8, 9, 10, 11, and 12, Block II, Moeangiangi Survey District, and Sections 1, 2, and 3, Block V, Moeangiangi Survey District.

42 Cancellation of reservation over timber reserve in Weber Survey District
  • The reservation for the purpose of a timber reserve over Section 2, Block III, Weber Survey District, in the Hawke's Bay Land District, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1948.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

43 Cancellation of reservation over timber reserve in Whangara Survey District
  • The reservation for the growth and preservation of timber over Section 2, Block II, Whangara Survey District, in the Hawke's Bay Land District, is hereby cancelled, and the land is hereby declared to be Crown land available for disposal under the Land Act 1948.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

44 Authorizing the Napier Borough Council to raise a special loan for certain works in the borough, including repayment of overdraft incurred in excess of previous loan
  • Whereas at a poll of the ratepayers of the Borough of Napier taken on the twenty-second day of September, nineteen hundred and fifteen, the following proposal was duly carried: Proposal to raise a special loan under the Local Bodies Loans Act 1913, upon which a poll will be taken on the twenty-second day of September, nineteen hundred and fifteen. The amount of the proposed loan is fifty-five thousand dollars, and the purposes thereof are as follows: (1) The erection of an installation for lighting by electricity the following roads and streets of the Borough of Napier—viz, Park Road, Havelock Road, Battery Road, Milton Road and Terrace, Lucknow Terrace, Main Street, Lucy Road, Elizabeth Road, Breakwater Wharf, France Road, Spencer Road—and all the roads and streets in the area known as the Napier South Town District, and for supplying electric light and power to the inhabitants of the borough whose premises are in or adjacent to such streets and roads, and the providing of lamps for lighting such streets and roads, and the making of alterations to the plant at the power-house, and additions to such plant, including an engine with equipment and a building for the same, thirty-six thousand dollars; (2) the purchase of two motor fire-engines with equipment and building for the same, eight thousand dollars; (3) the repayment of an existing overdraft of eleven thousand dollars incurred in the construction and installation of new works for electric lighting and power and electric tramways, eleven thousand dollars: total, fifty-five thousand dollars. The amount set opposite each of the said items is to be appropriated to the purpose therein described. The annual interest is not to exceed five and a half per centum. A sinking fund of two hundred and seventy-five dollars per annum to be paid on the first of September in every year is to be pledged. The Council proposes to make an annually recurring special rate of thirty-one two hundred and fortieths of a cent in the dollar on the unimproved rateable value of all rateable property in the borough as security for the interest and sinking fund. The whole loan to be repayable on the thirtieth June, nineteen hundred and forty-four. The cost of raising the loan and the first year's interest and sinking fund to be paid out of the loan: And whereas by a judgment of the Court of Appeal of New Zealand in a case intituled the Attorney-General (appellant) and the Napier Borough Corporation and the Australian Mutual Provident Society (respondents) it was held that the overdraft referred to in the item numbered (3) above could not be repaid from a special loan: And whereas it is expedient to authorize the Napier Borough Council to raise the said loan as hereinafter provided: Be it therefore enacted as follows:—

    (1) Notwithstanding anything contained in any other Act, the Napier Borough Council may, without taking any further poll of the ratepayers, and without further authority than this Act, raise the said loan of fifty-five thousand dollars (including the said sum of eleven thousand dollars) under the provisions of the Local Bodies Loans Act nineteen hundred and thirteen, in the manner and upon and subject to the terms and conditions described and set out in the foregoing proposal; and may make and pledge the special rate therein mentioned as security for the loan hereby authorized; and may apply the said sums of thirty-six thousand dollars and eight thousand dollars for the purposes mentioned in items (1) and (2) of the said proposal respectively, and apply the sum of eleven thousand dollars (being part of the loan hereby authorized) in repayment to the General Account of the borough of the like sum of eleven thousand dollars advanced from such General Account and expended on electric lighting, power, and tramway works.

    (2) Section fifteen of the Local Bodies Loans Act 1913, shall not apply to the loan hereby authorized to be raised.

    The words fifty-five thousand dollars, thirty-six thousand dollars, eight thousand dollars, ten thousand dollars, eleven thousand dollars, two hundred and seventy-five dollars, and thirty-one two hundred and fortieths of a cent in the dollar were substituted, as from 10 July 1967, for the words twenty-seven thousand five hundred pounds, eighteen thousand pounds, four thousand pounds, five thousand pounds, five thousand five hundred pounds, one hundred and thirty-seven pounds ten shillings and thirty-one one hundredths of penny in the pound pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

45 Giving effect to an agreement between the Government and the Napier Harbour Board respecting Napier-Westshore Embankment
46 Authorizing the Wairoa Harbour Board to purchase a site for offices
  • Whereas it is necessary for the Wairoa Harbour Board to acquire land for the purpose of erecting its offices thereon: And whereas by a certain sale-note or agreement for sale and purchase, made the fifteenth day of September, nineteen hundred and seventeen, between Victor Emmanuel Winter and John Scott Black the younger (both therein described) of the one part, and the Wairoa Harbour Board of the other part, the said Victor Emmanuel Winter and John Scott Black the younger agreed to sell, and the said Wairoa Harbour Board agreed to purchase, all that parcel of land situate in the Borough of Wairoa, containing eleven perches, more or less, being parts of Town Sections 431 and 432 on the plan of the Township of Clyde (now part of the Borough of Wairoa) and all the land mentioned in the said agreement, subject, however, to a certain deed of mortgage dated the twelfth day of January, nineteen hundred and sixteen, from James Simon Jessep (therein described) to Joseph Powdrell (therein described), and registered under number 51796 (Hawke's Bay Registry), and to the payment on the sixth day of December, nineteen hundred and twenty, of the principal sum of one thousand seven hundred dollars thereby secured, and interest thereon meanwhile at the rate of seven dollars per centum per annum (reducible on punctual payment to six dollars per centum per annum) as therein provided, at or for the price of four thousand three hundred and twelve dollars (inclusive of the said sum of one thousand seven hundred dollars secured on mortgage as aforesaid), and upon the terms and conditions set out in the above-mentioned agreement: And whereas it was a term of such agreement that the Wairoa Harbour Board should pay, and the Board has paid, on account of the said purchase-money a deposit of three hundred and thirteen dollars and seventy-five cents; the balance of the purchase-money—namely, two thousand three hundred dollars—to be secured by a second mortgage over the said land, to be executed by the said Board in favour of the said Victor Emmanuel Winter and John Scott Black the younger for a term of five years, bearing interest at six dollars per centum per annum: Be it therefore enacted as follows:—

    (1) The said agreement is hereby ratified and validated, and the said Wairoa Harbour Board is hereby expressly empowered, anything in law to the contrary notwithstanding, to purchase the said land in terms of the said agreement, and to execute a second mortgage thereof in pursuance of the said agreement; and such second mortgage when executed and registered shall be valid for all purposes, and rank in priority to any debentures or other instruments heretofore made or given by the Board and operating as security over the properties of the Board.

    (2) This section shall be deemed to be a special Act within the meaning of the Harbours Act 1908.

    The words one thousand seven hundred dollars, fourteen dollars, twelve dollars, four thousand three hundred and twelve dollars, three hundred and thirteen dollars and seventy-five cents, and two thousand three hundred dollars were substituted, as from 10 July 1967, for the words eight hundred and fifty pounds, seven pounds, six pounds, two thousand one hundred and fifty-six pounds, one hundred and fifty-six pounds seventeen shillings and sixpence, and one thousand one hundred and fifty pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

47 Closing portion of the Motu Valley and Moanui Roads, Hawke's Bay Land District
  • Whereas the roads hereinafter referred to are in excess of one chain in width, and it is desirable to close portions of the same, and to dispose of the said closed portions under the Land Act 1948: Be it therefore enacted as follows:—

    (1) The hereinafter-described portions of the Motu Valley and Moanui Roads in Block IX, Motu Survey District, in the Hawke's Bay Land District, are hereby closed, and the land comprised therein is hereby declared to be Crown land available for disposal under the Land Act 1948.

    (2) The portions of the roads hereby closed are particularly described as follows:—

    All that area in the Hawke's Bay Land District, containing by admeasurement one acre three roods ten perches, more or less, in Block IX, Motu Survey District, lying between the Moanui Road and a line parallel to and one chain distant from the right bank of the Motu River:

    Also all that area, containing by admeasurement fourteen acres three roods twenty perches, more or less, in Block IX aforesaid, lying between a line parallel to and one chain distant from the right bank of the Motu River and the Moanui and Motu Valley Roads at the junction of those roads:

    Also all that area, containing by admeasurement one acre one rood thirty perches, more or less, in Block IX aforesaid, lying between the Motu Valley Road and a line parallel to and one chain distant from the right bank of the Motu River:

    Also all that area, containing by admeasurement one acre three roods twenty perches, more or less, in Block IX aforesaid, lying between the Motu Valley Road and a line parallel to and one chain distant from the right bank of the Motu River:

    As the said areas are delineated, marked respectively 5, 6, 7, and 8, and coloured green, on the plan marked L and S 16/329, deposited in the Head Office, Department of Lands and Survey, at Wellington.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

48 Cancellation of reservation for timber purposes over Section 6, Block VIII, Ohura Survey District
  • The reservation for the growth and preservation of timber over Section 6, Block VIII, Ohura Survey District, Taranaki Land District, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1948.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

49 Adding portion of closed road to Taranaki Botanical Gardens
  • (1) The land hereinafter described, being portion of a road closed by Proclamation published in the Taranaki Provincial Gazette of the thirteenth day of June, eighteen hundred and seventy-one, is hereby set apart as a reserve for the purpose of public recreation, and vested in the Board of Trustees for Public Recreation constituted under section four of the Taranaki Botanic Garden Act 1876; and all the provisions of that Act and of the by-laws made thereunder shall apply as if the said land had been included in Schedule 1 to that Act.

    (2) The land to which this section relates is more particularly described as follows:—

    All that area in the Taranaki Land District, containing by admeasurement two roods five perches, more or less, being Section 2 (Fitzroy), Block V, Paritutu Survey District, situated in the Borough of New Plymouth: bounded towards the north generally by Part X and part Lot 4, Subdivision 1, of part of D, both being part of New Plymouth Town Belt, 916.1 links; towards the east by Section 10, Fitzroy District, Block V, Paritutu Survey District, 60 links; towards the south by Section 34, Fitzroy District, Block V, Paritutu Survey District, 856.1 links; towards the south-west by Holsworthy Road, 84.84 links: be all the aforesaid linkages more or less: as the same is delineated on plan marked L and S 1/536A, deposited in the Head Office, Department of Lands and Survey, Wellington, and thereon bordered red.

50 Authorizing New Plymouth Borough Council to devote unexpended balance of loan-moneys to forming and improving roads
  • Whereas the New Plymouth Borough Council on the twenty-first day of May, nineteen hundred and fifteen, caused a poll of the ratepayers of the Borough of New Plymouth to be taken, under the Local Bodies Loans Act 1913, on a proposal to raise a special loan of twelve thousand dollars for the purpose of acquiring lands, easements, rights, and appurtenances, and the construction and erection thereon of a building or buildings for municipal offices and for the accommodation of a museum, and to provide for the furniture and equipment of such building or buildings, and any other purpose incidental or in relation thereto: And whereas the said proposal was carried, and notice of the result of the poll was published in the New Zealand Gazette of the twenty-seventh day of May, nineteen hundred and fifteen, at page 1895: And whereas the Council has duly raised the said loan of twelve thousand dollars, and debentures have been issued accordingly: And whereas the Council has made provision out of the said loan for the accommodation of a museum and the furniture and equipment thereof: And whereas no land has been acquired or building erected for municipal offices, but the offices of the Council have been removed to a building belonging to the Council which is satisfactory for the purpose: And whereas after making provision for all other purposes of the said loan there remains an unexpended balance of approximately six thousand five hundred dollars, and it is desirable that the Council should be authorized to expend the unexpended balance in the formation and improvement of the streets and footways of the said borough: Be it therefore enacted as follows:—

    The New Plymouth Borough Council is hereby authorized and empowered to expend the unexpended balance of the said loan of twelve thousand dollars for the purpose of forming and generally improving the streets and footways in the said Borough of New Plymouth:

    Provided that no money shall be so expended except in accordance with a special order of the Council made pursuant to the Municipal Corporations Act 1908, and with the approval of the Minister of Internal Affairs.

    The words twelve thousand dollars, and six thousand five hundred dollars were substituted, as from 10 July 1967, for the words six thousand pounds;, and three thousand two hundred and fifty pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

51 Further powers to Mokau Harbour Board for improvement of navigation of Mokau River
  • [Repealed]

    Section 51 was repealed, as from 1 October 1940, by section 11(1) Makau Harbour Act 1940 (1940 No 5).

52 Vesting Lot 1 of Section 77, Wadestown, in the City of Wellington
  • Lot 1 of Section 77, Wadestown, containing twenty-six perches, which piece of land is shown on plan deposited in the Head Office of the Lands Department at Wellington as L and S 22/1302A, is hereby vested in the Mayor, Councillors, and Citizens of the City of Wellington upon the same trusts as those under which the Town Belt was conveyed by deed dated the twentieth day of March, eighteen hundred and seventy-three, made between the then Superintendent of the Province of Wellington and the Mayor, Councillors, and Citizens of the City of Wellington as then constituted.

53 Validation of certain agreements with respect to land in the Highland Park Estate
  • (1) The agreement set out in Schedule 4 hereto, dated the eighteenth day of August, nineteen hundred and seventeen, made between the Minister of Railways of the first part; John Duncan, of Wellington City, merchant, William Barton, of Featherston, sheep-farmer, and William Harold Sefton Moorhouse, of Wellington, solicitor (hereinafter termed the trustees) of the second part; and the Mayor, Councillors, and Citizens of the City of Wellington (hereinafter termed the Corporation) of the third part, is hereby ratified.

    (2) The several parties to the said agreement shall be entitled to receive from the District Land Registrar at Wellington, on presenting such plans as he may require, certificates of title for the various estates and interests in land agreed to be vested in the said parties by the said agreement.

    (3) The lands vested in the Corporation shall be held for the purpose of public streets. The lands vested in the trustees shall be held by the trustees of the will of the late William Barnard Rhodes upon the trusts of the said will. The lands agreed to be vested in the Minister of Railways shall be held for railway purposes.

54 Cancellation of reservation over ferry reserve on Manawatu River
  • The reservation for the purpose of a ferry over Section 51, Block VII, Mount Robinson Survey District, in the Wellington Land District, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1948.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

55 Extending boundaries of certain land set apart as scenic reserve in Hunua Survey District
  • Whereas by Proclamation dated the sixteenth day of October, nineteen hundred and eight, Section 4, Block VI, Hunua Survey District, in the Wellington Land District, was proclaimed as a scenic reserve: And whereas upon resurvey the boundaries of the said section were amended: And whereas portion of the land included in the said section as originally surveyed has been disposed of by way of license to occupy, with the right of purchase, and it is desirable to validate such alteration of boundaries and such disposition: Be it therefore enacted as follows:—

    (1) The land included in the said Section 4, and proclaimed as a scenic reserve, is hereby declared to be all that area, containing twenty-four acres two roods, bounded towards the north-west by Sections 5 and 6, Block IV, Town of Kakahi, 1301 links; towards the north-east and south-east generally by Section 27, Block VI aforesaid, 1157.2 links, 215.6 links, 529.3 links, 370.6 links, 304.1 links, 312 links, 731 links, 984.5 links, 202.2 links, and 321.4 links; and towards the west generally by Service Road: be all the aforesaid linkages more or less: as the same is delineated on the plan marked L and S 4/32 (A), deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged blue.

    (2) The license to occupy with the right of purchase granted by the Wellington Land Board over the area of land formerly portion of Section 4, Block VI, Hunua Survey District, but now included in Section 27, Block VI, Hunua Survey District, is hereby validated as from the date of the granting thereof.

56 Empowering Sandon Park trustees to acquire and maintain Sandon Public Hall
  • Whereas James Alexander Bailey, Frank Oliver Bailey, William John Phillips, John Henry Shore Perrett, and John Anderson, all of Sandon, settlers, are the registered proprietors of that piece of land, containing one rood, situate in the Township of Sanson, being Lot 35 on the plan of the said township, and all the land in certificate of title, Volume 50, folio 201, Wellington Registry, the said land being held by them in trust for the purposes of a public hall: And whereas the revenue derived from such hall is insufficient to provide for the maintenance and upkeep thereof: And whereas the trustees constituted under the Sandon Public Park Management Act 1875, are desirous of obtaining control of the said land and expending a portion of the funds from time to time derived from the Sandon Park in the upkeep of such public hall: Be it therefore enacted as follows:—

    (1) Notwithstanding anything to the contrary contained in any Act, it shall be lawful for the trustees for the time being under the Sandon Public Park Management Act 1875, and they are hereby empowered, to acquire the aforesaid land, and to expend a competent part of the funds in their hands from time to time, from whatever source derived, in the maintenance, upkeep, or rebuilding of the public hall at present erected on the said land.

    (2) A transfer duly executed by a majority of the aforesaid registered proprietors of the said land in favour of the trustees for the time being under the Sandon Public Park Management Act 1875, shall be registrable under the Land Transfer Act 1915, and on registration shall vest the title to such land in the trustees, who shall thereafter hold such land under the provisions of the Sandon Public Park Management Act 1875, as hereinbefore modified or varied.

57 Alteration of boundaries of Borough of Shannon
  • Whereas by Proclamation dated the twenty-first day of July, nineteen hundred and seventeen, made under the Municipal Corporations Act 1908, as amended by the Municipal Corporations Amendment Act 1913, and published in the Gazette of the twenty-sixth day of July, nineteen hundred and seventeen, the area described in the Schedule to the said Proclamation was constituted a borough under the said Acts on and from the first day of August, nineteen hundred and seventeen, by the name of the Borough of Shannon: And whereas the boundaries of the said borough were incorrectly described in the said Schedule, and it is desired to amend the same: Be it therefore enacted as follows:—

    The Borough of Shannon shall comprise, and shall be deemed as from the constitution thereof to have comprised, all that area in the Wellington Land District bounded by a line commencing at a point on the north-eastern side of Johnston Street, being the south-eastern corner of Section 647, Town of Shannon; thence along the south-eastern and north-eastern boundaries of that section and part of the south-eastern boundary of Section 648 to and across a public road, and along the northern side of that road to the south-western corner of Section 649; along the north-western and north-eastern boundaries of that section and the north-eastern boundary of Section 635, Town of Shannon, to George Street; and that line, bearing 123° 14′ 35″, produced for a distance of 10294 links; thence bearing 223°, distance 7161.3 links; bearing 303° 14′ 35″, distance 10995.6 links; bearing 317° 37′, distance 796.8 links; bearing 47° 37′, distance 4882.8 links, to Johnston Street; across that street, and along its north-eastern side to the south-eastern corner of Section 647 aforesaid, the place of commencement.

58 Annulling compulsory dedication for street-widening at Hamilton and Busaco Roads, Kilbirnie, Wellington
  • Whereas, for the purpose of subdividing Allotments 19 and 38 on a plan of the Township of Kilbirnie deposited in the Lands Registry Office at Wellington as No 65, the trustees of the late Jane Compton (deceased) did, pursuant to the provisions of section one hundred and seventeen of the Public Works Act 1908, for the purpose of widening Hamilton Road and Busaco Road, streets abutting on the said allotments, by memorandum of transfer dated the ninth day of November, nineteen hundred and eleven, dedicate the land coloured pink on a plan deposited in the Lands Registry Office at Wellington as No 2453, containing thirty-five and a quarter perches, more or less: And whereas the land so dedicated fronting the said streets is not required for street-widening: And whereas a dwellinghouse is erected partly on the land so dedicated fronting Busaco Road: And whereas the lots on the said deposited plan No 2453 fronting the said streets, part of the balance of the said allotments, have after such dedication been apportioned among certain of the beneficiaries of the will of the said Jane Compton (deceased), as follows: (1) Harriet Rachel Compton and Sarah Jane Compton, of Kilbirnie, spinsters, Lots 9 and 17; (2) Maud Christina Morgan, wife of Frank Herbert Morgan, of Wellington, journalist, Lots 10, 13, and 14; (3) Andrew Compton, of Wellington, woodware-manufacturer, Lot 11; (4) Mary Ann Keasberry, wife of William Henry Keasberry, of Pungarehu, farmer, Lot 12; (5) Amy Pearman, of the City of Wellington, widow, Lots 15 and 16; (6) Ada Compton, of Kilbirnie, spinster, Lot 18; (7) Jessie Maria Compton, of Kilbirnie, spinster, Lot 19; (8) Harriet Rachel Compton, of Kilbirnie, spinster, Lot 20; (9) Jessie Maria Compton and Harriet Rachel Compton, of Kilbirnie, spinsters, Lot 21: And whereas the said trustees and the said beneficiaries have requested that the land so dedicated should be revested in the beneficiaries, upon the conditions hereinafter appearing, as if the side boundaries of the said allotments on the said deposited plan had been extended to meet Hamilton Road and Busaco Road as such streets existed before the said dedication, and as if such allotments so extended had been transferred to the said beneficiaries: Be it therefore enacted as follows:—

    (1) The land dedicated as aforesaid shall vest in the said beneficiaries respectively as if the side boundaries of the said lots shown on the said deposited plan No 2453 had been extended to meet Hamilton Road and Busaco Road as they existed before the said dedication, and as if such lots so extended had been transferred to the said beneficiaries.

    (2) The part of the land so dedicated not included in any lot by the provision of subsection one hereof shall be included in and form part of Lot 16 on the said deposited plan No 2453 and vest in the said Amy Pearman accordingly.

    (3) The District Land Registrar at Wellington is hereby authorized to issue titles accordingly.

    (4) The claim for compensation made by the said trustees in respect of such dedication shall be void, and no claim for compensation shall hereafter be made by the trustees or by any other person in respect of such dedication.

    (5) The provisions of section one hundred and seventeen of the Public Works Act 1908, shall not apply to the portion of Hamilton Road fronting the said lots, subject to this condition: that no building shall be erected on such of the said lots as front Hamilton Road within thirty-three feet of the centre-line of Hamilton Road.

    (6) The provisions of section one hundred and seventeen of the Public Works Act 1908, shall not apply to Busaco Road.

    (7) The District Land Registrar is authorized to register the provisions of this Act as to non-application of section one hundred and seventeen of the Public Works Act 1908, and the said condition against all lands affected as if resolutions in that behalf had been passed by the Wellington City Council and such condition had been attached by the Governor-General by an Order in Council under section one hundred and seventeen of the Public Works Act 1908, to his approval of the resolution in respect of Hamilton Road of the Wellington City Council.

    (8) All dealings registered before new titles are issued under this Act affecting the said Lots 9 to 21 inclusive on the said deposited plan No 2453 shall affect the said lots extended as aforesaid.

    (9) The District Land Registrar may call in for correction and correct in accordance with the provisions of this section all instruments of title affecting the said Lots 9 to 21 inclusive.

59 Authorizing the erection of seaside cottage on Koitiata Domain
  • (1) Notwithstanding anything to the contrary in section thirty-four of the Public Reserves and Domain Act 1908, the Governor-General or the Minister of Lands may grant leases under that section over portions of Section 5, Block I, Koitiata Survey District, in the Land District of Wellington (being the Koitiata Domain), authorizing the lessees to erect buildings on the lands comprised in such leases.

    (2) No such lease shall comprise an area exceeding one rood, and no such area shall at any point be less than one chain from high-water mark, and the aggregate area so leased for building purposes shall not exceed one-tenth part of the total area of the said domain.

    (3) Every lease granted under this section shall provide for the erection of a house within a specified time on the land comprised in the lease in accordance with plans and specifications to be approved by the Koitiata Domain Board, and for the maintenance of the premises in good order to the satisfaction of the said Domain Board.

    Section 59 was amended, as from 1 December 1950, by section 25(1) Reserves and Other Lands Disposal Act 1950 (1950 No 89) by inserting after the words the Governor-General, the words or the Minister of Lands.

60 Exempting Palmerston North Showground from general rates
  • Whereas the Mayor, Councillors, and Burgesses of the Borough of Palmerston North (hereinafter called the Corporation) and the Manawatu and West Coast Agricultural and Pastoral Association (hereinafter called the association) have agreed that the lands of the association hereinafter described should be exempted from general rates levied by the Corporation, subject to the conditions hereinafter specified: Be it therefore enacted as follows:—

    (1) The said lands shall, so long as the same are used by the association as an agricultural showground, be exempt from all general rates that may, after the thirty-first day of March, nineteen hundred and seventeen, be made or levied by the Corporation.

    (2) If the said lands or any part thereof are at any time hereafter disposed of by the association or cease to be used for the purpose of an agricultural showground, the said lands or such part or parts thereof, as the case may be, shall thereupon be ipso facto liable to the said rates as from the preceding thirty-first day of March.

    (3) During the time the said lands or any part thereof shall be exempt from rates the Corporation shall, on giving on each occasion not less than seven days' notice in writing to the association, and subject to the prior commitments of the association, be entitled to the free use of the said lands and the show-buildings thereon for municipal, charitable, or religious purposes on thirty days in each year, not being any of the days appointed for the shows of the association and seven days before and after the same respectively:

    Provided that the Corporation shall be responsible for any damage to the said lands or buildings and for the clearing-up of the said premises.

    (4) During the time this section shall be operative—

    • (a) The Mayor for the time being of the Borough of Palmerston North shall be a vice-president of the association, and two members of the Council of the Corporation from time to time appointed by the Corporation shall be members of the general committee of the association.

    • (b) The association shall, subject to the prior commitments of the association, allow the pupils of the public schools of Palmerston North the use free of charge of the said grounds and dressing-rooms for the purpose of playing games, provided such pupils shall in all cases be accompanied by and be under the control of their schoolmasters or teachers.

    • (c) The association shall not charge cricket, football, hockey, and other athletic societies and clubs in the Manawatu district a greater sum than ten per centum of their gross takings on any occasion on which they may be granted the use of the said lands, buildings, and dressing-rooms or any part thereof.

    (5) The lands to which this section relates are: Lots, 1, 2, and 3 of Section 309, Palmerston North; the closed parts of Pascal and Short Streets, being the land in certificate of title, Volume 105, folio 95; Lots 1, 2, 5, 7, 9, and 11 of Section 294, Palmerston North; Lots 1, 4, 5, 6, and 7 of Section 295, Palmerston North; Lots 1, 2, 3, 4, and 5 of Section 296, Palmerston North; Lot 11 of Section 297, Palmerston North; Suburban Sections 307 and 308, Palmerston North; the closed part of Oakley Street, being the land in certificate of title, Volume 100, folio 195; and any other land in the Borough of Palmerston North adjoining the before-described lands which the association may purchase and use as part of its showgrounds.

61 Legalizing and facilitating the construction of a second slip at Evans Bay, Wellington
  • Whereas doubts have arisen as to the rights and powers of the Wellington Patent Slip Company (Limited), the Wellington Harbour Board, and the Wellington City Corporation in respect of matters relating to the construction of a second slip in Wellington, and it is expedient that such doubts should be set at rest: And whereas it is desirable to make certain provisions in respect of the roadway through certain of the lands of the said company (described in the Wellington Harbour Board Empowering Act 1908): And whereas a Commission was appointed by His Excellency the Governor to inquire into certain matters arising out of the said Acts and out of the conditions under which the said roadway exists, and the said company, Board, and Corporation, and Union Steamship Company of New Zealand (Limited), being the parties interested, have entered into a deed of agreement, dated the twenty-eighth day of March, nineteen hundred and seventeen, whereby the matters hereinafter mentioned have, inter alia, been agreed to: And whereas such agreement was approved by the said Commission: Be it therefore enacted as follows:—

    (1) In the construction of this section, if not inconsistent with the context,—

    The company means the Wellington Patent Slip Company (Limited)

    The Board means the Wellington Harbour Board

    The Corporation means the Corporation of the Mayor, Councillors, and Citizens of the City of Wellington as constituted under the Municipal Corporations Act 1908

    (2) This section shall be read together with the said Act, and shall be deemed to be a special Act within the meaning of the Harbours Act 1908.

    (3) It is expressly declared that the company shall have full right and authority to construct and maintain in existence across and over the street through the said lands hereinafter mentioned the second and smaller slip mentioned in paragraph eight of the deed of the twenty-first day of July, nineteen hundred and eight, set out in Schedule 5 to the said Act, as well as the patent slip now in existence:

    Provided that such second and smaller slip shall be so constructed that the cradle thereof, except when vessels are being taken upon or removed from such slip, shall be clear of the new street hereinafter referred to, and that the slipway of the said second and smaller slip where it crosses such street shall be as nearly as possible on a level therewith.

    (4) The Corporation shall be under no liability for any damage occasioned by the existence of or any accident occurring in connection with the said new street, or the existing slipway, or the new slipway to be constructed as aforesaid, except for its own acts or omissions or those of its officers, servants, or agents.

    (5) For the existing roadway through the said lands there shall be substituted a new street, 100 links wide, shown on the plan coloured pink and green, dated the eighteenth day of May, nineteen hundred and seventeen, and already agreed to and sealed by the company, the Board, and the Corporation, and Union Steamship Company of New Zealand (Limited), and deposited in the Public Works Office at Wellington as MD 4855.

    (6) So much of the land forming the existing roadway as is not included in the said new street shall be closed as a highway, and shall vest in and belong to the company absolutely free from all rights of the public of highway over the same, whether under a certain deed made between the company of the one part and Her late Majesty Queen Victoria of the other part, bearing date the twenty-third day of July, eighteen hundred and seventy-eight, and registered in the Deeds Registry Office at Wellington as No 38914, or otherwise howsoever, but subject to the provisions of the said deed dated the twenty-first day of July, nineteen hundred and eight, as if such land formed part of the land comprised in the first schedule to the said last-mentioned deed.

    (7) The rights of the company to construct or of the Governor-General to require the construction of a substituted street in lieu of the now-existing roadway under the said deed dated the twenty-third day of July, eighteen hundred and seventy-eight, shall, notwithstanding the provisions of this clause, be deemed to be reserved and to continue in existence; but the said deed shall hereafter be read and construed as if the roadway therein referred to were the new street mentioned in subsection five thereof:

    Provided that before the Governor-General shall require a substituted street to be constructed under the said deed the Governor-General shall appoint a Commission under the Commissions of Inquiry Act 1908, to inquire whether such new street is necessary and should be made; further, that the use of the word street in this section in lieu of the word road or roadway used in the said deed dated the twenty-third day of July, eighteen hundred and seventy-eight, shall not impose upon the company or the Board any further liability as to the formation and construction of the substituted street than is imposed by the said deed dated the twenty-third day of July, eighteen hundred and seventy-eight.

    (8) If a substituted street is hereafter required to be constructed under the said deed of the twenty-third day of July, eighteen hundred and seventy-eight, in lieu of the new street mentioned in subsection five hereof, the last-mentioned street shall be closed, and the land included therein shall vest in and belong to the company absolutely, free from all rights of highway of the public in connection therewith, but subject to the provisions of the said deed dated the twenty-first day of July, nineteen hundred and eight, as if such land formed part of the land comprised in the first schedule to the said last-mentioned deed.

    (9) A copy of the said deed of agreement of the twenty-eighth day of March, nineteen hundred and seventeen, is set out in Schedule 5 to this Act, and the several provisions thereof to the extent that they are not expressly set out in this section shall have effect as between the parties thereto and in all other respects as if the same were specifically enacted in the terms thereof in this section; and the several powers, authorities, rights, and duties expressed to be conferred or imposed by the said deed of agreement upon the company, the Board, and the Corporation may and shall, subject to the provisions of this section, be exercised as provided by the said deed, and the several conditions and obligations expressed by the said deed to be performed and undertaken by the company, the Board, and the Corporation respectively shall be performed by and be binding upon them and each of them.

    (10) Subject to the provisions of this section the said deed dated the twenty-third day of July, eighteen hundred and seventy-eight, is hereby ratified and validated.

    (11) And whereas the Union Steamship Company of New Zealand (Limited), mentioned in the said deed of the twenty-first day of July, nineteen hundred and eight (hereinafter called the old Union Company), was reconstructed in or about the year nineteen hundred and thirteen as the Union Steamship Company of New Zealand (Limited), (hereinafter called the new Union Company), and on such reconstruction all the rights of the old Union Company were or were intended to be acquired by and vested in the new Union Company: Be it enacted that the said deed of the twenty-first day of July, nineteen hundred and eight, shall be read as if the new company were the party thereto and named therein in lieu of the old company, to the intent that the new Union Company, its successors and assigns, shall have all the rights, powers, and authorities, and be subject to the obligations, conferred and imposed upon the old Union Company by the said deed and by the said Act and this section.

    (12) A copy of the plan mentioned in subsection five hereof shall be deposited with the District Land Registrar at Wellington, who is hereby authorized and directed to amend the company's certificates of title and issue new certificates of title at any time on the application of the company for the purpose of carrying into effect the provisions of this section, and in particular vesting, subject to the provisions of this section, in the company or the new Union Company, as the case may require, the lands which by this section are declared to be vested in and belong to the company.

62 Authorizing the sale of Otari Scenic Reserve to Wellington City Council
  • Whereas the several areas enumerated in subsection two thereof have been acquired, reserved, and improved under the Scenery Preservation Acts, 1903 and 1908, at an approximate cost of two thousand four hundred dollars, out of which the Wellington City Council has contributed the sum of one thousand dollars: And whereas it is desirable that the said Council should control and maintain the said land, and the said Council is prepared to do so if given a title in fee-simple thereto: Be it therefore enacted as follows:—

    (1) Upon payment to the Public Account of the sum of one thousand four hundred dollars by the Wellington City Council the Governor-General is hereby authorized and empowered, by notice in the Gazette, to cancel the existing reservation of the said land under the Scenery Preservation Act 1908, and to execute a Warrant for the issue of a certificate of title for the said land in favour of the Corporation of the City of Wellington in trust for recreation purposes and for the preservation of native flora.

    (2) The land to which this section relates is more particularly described as follows:—

    All that area in the Wellington Land District, containing by admeasurement one hundred and thirty-five acres three roods, more or less; being Subdivisions 1, 2, 3, 4, and 5 of Lot IX, Otari Native Reserve, Port Nicholson Survey District: bounded towards the north-west by Subdivisions 7, 6, 5, 4, and 3 of Otari Native Reserve A, 4861.6 links towards the north-east by Lot VIII, Otari Native Reserve, 3344.5 links; towards the south-east generally by the centre of the Kaiwarawara Stream, and by Sections 31 and 33, Block VI, Port Nicholson Survey District, 1390.6 links; and towards the south-west by Section 56, Block VI aforesaid, 2479.7 links:

    Also all that area in the Wellington Land District, containing six acres three roods twelve perches, more or less, being parts of Lots VI, VII, and VIII, Otari Native Reserve, Port Nicholson Survey District, City of Wellington: bounded towards the south-west by Subdivision 1 of Lot IX aforesaid, 419.6 links; towards the west and north-west generally by other parts of Lots VIII, VII, and VI aforesaid, 439.9 links, 422.2 links, and 513.7 links; towards the north-east by other parts of Lots VI and VII aforesaid, 483.1 links; and towards the south-east generally by the bank of the Kaiwarawara Stream:

    Also all that area in the Wellington Land District, containing twenty-eight perches, more or less, being part of Section 2, Block VI, Port Nicholson Survey District, City of Wellington: commencing at a point on the south-eastern bank of the Kaiwarawara Stream where it is intersected by a continuation of the line forming the north-eastern boundary of the last-described area, and bounded towards the north-east and south-east by other parts of Section 2 aforesaid, 22.9 links, 125.3 links, and 255.7 links, to the bank of the Kaiwarawara Stream aforesaid; and towards the north-west generally by that stream to the place of commencement:

    Also all that area in the Wellington Land District, containing one rood thirty-nine perches, more or less, being part of Section 2, Block VI, Port Nicholson Survey District, City of Wellington: commencing at the south-eastern corner of the last-described area, and bounded towards the north-east by other part of Section 2 aforesaid, 100 links, on a continuation of the line forming the north-eastern boundary of the last-described area; towards the south-east generally by other part of Section 2 aforesaid, 138.5 links, 276.1 links, 70.2 links, and 90 links, to the bank of the Kaiwarawara Stream; towards the north-west generally by the Kaiwarawara Stream and by the south-eastern boundary of the last-described area, 255.7 links and 125.3 links, to the place of commencement:

    Be all the aforesaid linkages more or less.

    The words two thousand four hundred dollars, one thousand dollars, and one thousand four hundred dollars were substituted, as from 10 July 1967, for the words one thousand two hundred pounds, five hundred pounds, and seven hundred pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

63 Further postponing date of valuation of certain leases granted by the Wellington City Council
64 Proposed addition to Horowhenua Lake Domain
  • [Repealed]

    Section 64 was repealed, as from 25 October 1956, by section 18(12)(c) Reserves and Other Lands Disposal Act 1956 (1956 No 53).

65 Issue of title to Roman Catholic Church site, Motueka District
  • Whereas on the thirtieth day of December, eighteen hundred and seventy-six, one John McNamara, of Riwaka, in the Provincial District of Nelson, farmer (since deceased), obtained a title in fee-simple to all that piece or parcel of land comprised in certificate of title, Volume 3, folio 16, Nelson Registry, being part of Parts 11 and 12 of Section 175, Motueka Original District, Block III, Motueka Survey District, containing by admeasurement twelve acres two roods, more or less: And whereas the said John McNamara by deed of gift granted thereout to the Roman Catholic Church, exclusively for religious purposes, two acres (hereinafter referred to as the said land): And whereas the deed of gift was duly prepared, but was never registered, and was subsequently lost, and cannot now be found, and the said land was never duly conveyed: And whereas the said land is situated within the Roman Catholic Archdiocese of Wellington, and the Roman Catholic Archbishop of Wellington (in whom all lands within the said archdiocese belonging to the Roman Catholic Church are vested, in virtue of the Roman Catholic Lands Act 1876, and the Roman Catholic Lands Act Extension Act 1890) is possessed of an equitable estate in the said land: And whereas the said Roman Catholic Archbishop now desires to sell the said land, but is precluded from doing so by reason of his having no legal title: Be it therefore enacted as follows:—

    (1) The Governor-General may, by Warrant under his hand, authorize the issue of a certificate of title in fee-simple to the said Roman Catholic Archbishop in respect of the said land.

    (2) The issue of the said Warrant and certificate of title shall be sufficient authority for the District Land Registrar of the District of Nelson to cancel any existing title for the said land in the name of the said John McNamara or any person claiming through or under him.

66 Cancellation of reservation over land set apart as a scenic reserve, Nelson Land District
  • The reservation for the purpose of the preservation of scenery over Section 20, Block IX, Inangahua Survey District, in the Land District of Nelson, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1948.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

67 Cancellation of reservation over land set apart as public-buildings site in Ngakawau Survey District
  • The reservation for purposes of public buildings of the General Government over Section 15, Block I, Ngakawau Survey District, Nelson Land District, containing three acres, more or less, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1948.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

68 Cancellation of forfeiture of license over certain land in Steeples Survey District
  • Whereas the Land Board of the Nelson Land District, by resolution dated the fourteenth day of November, nineteen hundred and fourteen, forfeited the interest of James Colvin in a license registered in Volume 35, folio 58, Nelson Land Registry Office, over Section 17, Block II, Steeples Survey District, in the said land district, for non-compliance with the conditions of the license: And whereas it is deemed expedient to cancel the said forfeiture: Be it therefore enacted as follows:—

    (1) The Minister of Lands is hereby empowered to cancel, by notice in the Gazette, the forfeiture of the license hereinbefore referred to; and thereupon the said license, and all mortgages and encumbrances (if any) affecting the same, shall operate and be deemed to have continued to operate as if the said license had not been forfeited as aforesaid.

    (2) On presentation to him of a copy of the Gazette containing a notice under this section the District Land Registrar for the Nelson Land Registration District shall make such entries in the Register as are necessary to give effect to the provisions of this section.

69 Vesting certain land situated in Town of Reefton in the Inangahua Hospital and Charitable Aid Board
  • Whereas by a notification published in the Nelson Provincial Gazette of the fifth day of August, eighteen hundred and seventy-five, Sections 144, 145, 146, 147, 148, 149, and 150, and Sections 293, 294, 295, 296, 297, 298, and 299, of the Town of Reefton were reserved for hospital purposes: And whereas it is desirable that the said sections should be vested in the Inangahua Hospital and Charitable Aid Board: Be it therefore enacted as follows:—

    (1) Sections 144, 145, 146, 147, 148, 149, and 150, and Sections 293, 294, 295, 296, 297, 298, and 299, of the Town of Reefton, hereinbefore referred to, are hereby vested in the Inangahua Hospital and Charitable Aid Board in trust for hospital purposes.

    (2) The Governor may, by Warrant under his hand, authorize the issue of a certificate of title in respect of the said lands to the said Hospital and Charitable Aid Board in trust for the purposes stated.

70 Authorizing the Nelson Agricultural and Pastoral Association to mortgage the Richmond Showground
  • Whereas by a deed of conveyance dated the ninth day of May, nineteen hundred and four, Thomas Allwood Cook, John Martin Croucher, and Alfred Sheat, in consideration of the sum of four thousand eight hundred dollars paid to them, conveyed to the Mayor for the time being of the City of Nelson, the Mayor for the time being of the Borough of Richmond, and the Chairman for the time being of the Waimea County Council the land hereinafter described upon trust, without power to mortgage, sell, or otherwise absolutely alienate the said land, and upon trust to permit the Nelson Agricultural and Pastoral Association to have the absolute management, control, and use of the said land, provided always that the Volunteers should have the use of the bottom paddock facing the sea, of about fifteen acres, at such times as might be agreed upon by the Officer Commanding the District and the Nelson Agricultural and Pastoral Association, the grounds to be left in the same condition as the Volunteers received them: And whereas the Crown contributed the sum of one thousand six hundred dollars, part of the aforesaid purchase-money of four thousand eight hundred dollars, and it has been arranged that the aforesaid sum of one thousand six hundred dollars shall be repaid to the Crown: And whereas the Nelson Agricultural and Pastoral Association is a society incorporated under the Agricultural and Pastoral Societies Act 1877: And whereas it is desirable, to enable money to be raised to erect a grandstand and other buildings on the said land and to repay the said sum of one thousand six hundred dollars to the Crown, that the said land should be vested in the said association subject to the provisions of the Agricultural and Pastoral Societies Act 1908, and freed and discharged from the prohibition against mortgaging, selling, or otherwise absolutely alienating it, but otherwise subject to the aforesaid trusts: Be it therefore enacted as follows:—

    (1) The land hereinafter described is hereby vested in the Nelson Agricultural and Pastoral Association.

    (2) The said land is hereby freed and discharged from the prohibition against mortgaging, selling, or otherwise absolutely alienating it contained in the said deed of conveyance of the ninth day of May, nineteen hundred and four, but otherwise it shall be held by the association upon and subject to the trusts contained in that deed.

    (3) The association shall have in respect of the said land all the powers given to a society under the Agricultural and Pastoral Societies Act 1908, and shall hold the said land subject to the provisions of that Act.

    (4) The association shall have, in addition to its other powers of mortgaging, power to mortgage the said land to enable it to raise the money necessary to repay to the Crown the said sum of one thousand six hundred dollars contributed by it as aforesaid, and until so repaid the said sum of one thousand six hundred dollars shall constitute a first charge upon the said land.

    (5) The land to which this section relates is more particularly described as follows:—

    All that parcel of land, situate in the District of Waimea East, in the said Provincial District of Nelson, containing one hundred acres, more or less, being Sections 218 and 219 on the plan of the said district: bounded on the northward by a public road, on the eastward by Section 220 on the said plan, on the southward by a public road, and on the westward by Section 217 on the said plan: as the same is delineated and in outline coloured green on the plan on the aforesaid deed of conveyance dated the ninth day of May, nineteen hundred and four, and registered in the Deeds Registration Office at Nelson as No 31475.

    The words four thousand eight hundred dollars, and one thousand six hundred dollars were substituted, as from 10 July 1967, for the words two thousand four hundred pounds, and eight hundred pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

71 Validation of payment by Westport Harbour Board on retirement of Harbourmaster
  • (1) The payment of the sum of eight hundred dollars by the Westport Harbour Board to Captain Furneaux, on the termination of his engagement as Harbourmaster at Westport, is hereby validated.

    (2) All amounts paid by members of the Board by way of refund in respect of the payment aforesaid shall be forthwith repaid by the Board to those members.

    The words eight hundred dollars were substituted, as from 10 July 1967, for the words four hundred pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

72 Changing the purpose of forest reserve, Section 1, Block I, and Section 3, Block IV, Maungatapu Survey District, Nelson Land District, to a scenic reserve
  • Whereas by Warrant dated the sixteenth day of August, nineteen hundred and three, and published in Gazette of the twenty-seventh day of that month, Section 1, Block I, and Section 3, Block IV, Maungatapu Survey District, in the Nelson Land District, containing eight hundred acres, were set apart as a reserve for forest purposes: And whereas the Scenery Preservation Board constituted under the Reserves Act 1977, and its amendments, has recommended that the said reserve should be declared to be a scenic reserve under the provisions of the said Act, and it is desirable that the recommendation should be given effect to: Be it therefore enacted as follows:—

    The purpose of the said reserve is hereby changed from forest to a reserve for scenic purposes, and the said land shall hereafter be subject to the provisions of the Reserves Act 1977, and its amendments.

    The Scenery Preservation Act 1908 was repealed, as from 1 April 1954, by section 107(1) Reserves and Domains Act 1953 (1953 No 69).

    That Act was in turn repealed, as from 1 April 1978, by section 125(1) Reserves Act 1977 (1977 No 66).

73 Validating reclamation and leasing of lands by Motueka Harbour Board
  • Whereas by the Motueka Harbour Board Act 1905, the Motueka Harbour Board was endowed with, inter alia, all foreshore, mud-flats, and sandbanks within the Motueka Electoral District as constituted on the passing of the aforesaid Act between the southern boundary-line of Section 91 of Block I on the plan of the Moutere Survey District and a point at high-water mark of Tasman Bay due east of Trig A in the Kaiteriteri Survey District, including the Moutere Mud-flats, the flats within the Motueka Harbour, and part of the Riwaka Mud-flats, as described in the Schedule to the aforesaid Act: And whereas by a Proclamation made the thirteenth day of October, nineteen hundred and thirteen, and published in the New Zealand Gazette on the sixteenth day of October, nineteen hundred and thirteen, all that parcel of land referred to in the said Proclamation and described in subsection one hereof was taken by the Motueka Harbour Board for the purposes of beacons and other harbour-works: And whereas the said land is no longer required for beacons or other harbour-works, and it is desired to vest the land in the Motueka Harbour Board free from such restrictions, and to authorize the issue of a certificate of title thereto accordingly: And whereas the Motueka Harbour Board has reclaimed part of the lands vested in it by the aforesaid Motueka Harbour Board Act 1905, and has extended such reclamation partly below low-water mark, which reclamation was not carried out in accordance with the provisions of the Harbours Act 1950, and its amendments: And whereas the Motueka Harbour Board has subdivided the said reclamation area, and part of the said parcel of land taken for beacons and other harbour-works, and other lands, and has laid off a road and streets thereon, and it is desired to declare such road and streets a public road and public streets respectively, and to close portions of an old road, and to vest the closed portions in the Motueka Harbour Board in fee-simple in exchange for the new roads: And whereas the Motueka Harbour Board has leased certain sections of the aforesaid subdivided lands for periods of twenty-one years each, with perpetual right of renewal for periods of twenty-one years each: And whereas doubts have arisen as to the validity of the aforesaid reclamation and the aforesaid leases, and it is desired to validate the same respectively: Be it therefore enacted as follows:—

    (1) The restrictions as to beacons and other harbour-works on all that parcel of land taken by the Motueka Harbour Board by the aforesaid Proclamation published in the Gazette on the sixteenth day of October, nineteen hundred and thirteen, containing seven acres, and being part of Section 144 of Block IV, Motueka Survey District, are hereby cancelled, and the aforesaid land is hereby vested in the Motueka Harbour Board in fee-simple; and the District Land Registrar of the District of Nelson is hereby authorized and empowered to issue a certificate of title accordingly.

    (2) All those portions of the old public road, containing a total area of six acres one rood thirty-two decimal six perches, situated in Block IV, Motueka Survey District, as shown and marked A-B, C, D, E, F, and G-H, and bordered green on the plan marked (B), and numbered 368R, deposited in the Lands and Survey Office at Nelson, are hereby closed, and the lands comprised therein are hereby vested in the Motueka Harbour Board in fee-simple; and the District Land Registrar of the District of Nelson is hereby authorized and empowered to issue a certificate of title accordingly.

    (3) All that parcel of land hereinafter described is hereby vested in the Motueka Harbour Board in fee-simple; and the District Land Registrar of the District of Nelson is hereby authorized and empowered to issue a certificate of title accordingly. The land to which this subsection refers is described as follows:—

    All that parcel of land, being Sections 3 and 10, Block IV, Survey District of Motueka, containing by admeasurement twenty-one acres one rood thirty-five perches, more or less, and bounded as follows: commencing from a point marked A; thence in a south-easterly direction, 2300 links, to point marked F; thence across a public road to point marked G; thence south-easterly, 130 links, to point marked H; thence south-westerly, 140 links, to point marked I; thence south-westerly, 160 links, along public road to point marked J; thence south-westerly, 180 links and 900 links; thence north-westerly, 70 links; thence south-westerly, 150 links; thence north-westerly, 302 links, 77.4 links, 2007.8 links, to point marked E; thence north-westerly, 250 links; thence generally easterly, 1150 links, to point marked D; thence south-easterly, 173.8 links, to point marked C; thence north-easterly, 1100 links, to point marked B; thence generally northerly and south-easterly, 270 links, to commencing-point A; the same being more particularly delineated on a plan of the said lands marked (A) and numbered 34/57, deposited in the Lands and Survey Office at Nelson, and therein bordered partly green and partly red: excepting those portions of the old public road coloured brown on the said plan: and excepting also those portions of the old public road bordered green and marked as Sections 5, 6, 7, 8, and 9 on the said plan, which said sections bordered green have been vested in the Motueka Harbour Board in fee-simple by the preceding subsection two hereof: and excepting also the lands comprised in certificate of title, Volume 35, folio 74, Nelson Register, containing six acres one rood five perches; and also the lands comprised in the aforesaid Proclamation published in the Gazette on the sixteenth day of October, nineteen hundred and thirteen, containing seven acres, which lands are bordered red on the aforesaid plan.

    (4) All those lands situated in the Motueka Survey District, containing thirteen acres one rood thirty-six perches, and known as Harbour Road, Everett Street, East Quay, Massey Street, Liverpool Street, Ward Street, Pattie Street, and George Quay, as the same are delineated and marked A-B and C-D and coloured red and purple respectively on the aforesaid plan marked (B), are hereby declared to be a public road and public streets respectively vested in His Majesty, but under the control of the local authority, the Waimea County Council.

    (5) All leases heretofore granted by the Motueka Harbour Board of the aforesaid subdivisions of the reclaimed and other lands are hereby declared to be valid and effectual as from the date of the granting of the same respectively, and such leases shall be registrable accordingly. The leases to which this subsection applies are more particularly described as follows:—

    Memorandum of lease, bearing date the fifth day of May, nineteen hundred and sixteen, from the Motueka Harbour Board to the Motueka Cool Storage Company (Limited), of Section 1 on the subdivisional plan of the Township of Port Motueka, deposited in the Land Transfer Office at Nelson, for a period of twenty-one years from the first day of November, nineteen hundred and fifteen, with perpetual right of renewal for periods of twenty-one years each; memorandum of lease, bearing date the tenth day of November, nineteen hundred and sixteen, from the Motueka Harbour Board to Arthur McKee and Albert Isaac Manoy, of Section 3 on the aforesaid subdivisional plan, for a period of twenty-one years from the seventh day of February, nineteen hundred and sixteen, with perpetual right of renewal for periods of twenty-one years each; memorandum of lease, bearing date the tenth day of November, nineteen hundred and sixteen, from the Motueka Harbour Board to Arthur McKee and Albert Isaac Manoy, of Section 7 on the aforesaid subdivisional plan, for a period of twenty-one years from the seventeenth day of March, nineteen hundred and sixteen, with perpetual right of renewal for periods of twenty-one years each; memorandum of lease, bearing date the fourteenth day of December, nineteen hundred and sixteen, from the Motueka Harbour Board to the Moutere Fruitgrowers (Limited), of Section 2 on the aforesaid subdivisional plan, for a period of twenty-one years from the seventeenth day of March, nineteen hundred and sixteen, with perpetual right of renewal for periods of twenty-one years each; memorandum of lease, bearing date the thirteenth day of October, nineteen hundred and sixteen, from the Motueka Harbour Board to Irvine and Stevenson's St George Company (Limited), of Section 6 on the aforesaid subdivisional plan, for a period of twenty-one years from the seventeenth day of March, nineteen hundred and sixteen, with perpetual right of renewal for periods of twenty-one years each; memorandum of lease, bearing date the twelfth day of September, nineteen hundred and sixteen, from the Motueka Harbour Board to Stilwell and Company (Limited), of Section 5 on the aforesaid subdivisional plan, for a period of twenty-one years from the seventeenth day of March, nineteen hundred and sixteen, with perpetual right of renewal for periods of twenty-one years each; and memorandum of lease, bearing date the seventh day of April, nineteen hundred and seventeen, from the Motueka Harbour Board to the Nelson District Fruit-packers (Limited), of Sections 18 and 19 on the aforesaid subdivisional plan, for a period of twenty-one years from the second day of December, nineteen hundred and sixteen, with perpetual right of renewal for periods of twenty-one years each.

    The Harbours Act 1908 (1908 No 75) was repealed, as from 1 January 1924, by section 259(1) Harbours Act 1923 (1923 No 40).

    That Act was in turn repealed, as from 15 October 1950, by section 269(1) Harbours Act 1950 (1950 No 34).

74 Cancellation of reservation over Section 203, Block X, Mount Fyffe Survey District
  • The reservation for the purpose of the accommodation of travellers over Section 203, Block X, Mount Fyffe Survey District, in the Land District of Marlborough, is hereby cancelled, and the said land declared to be Crown land available for disposal under the Land Act 1948.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

75 Declaring certain closed roads at Kaikoura to be Crown land
  • Whereas by Proclamation published in the Gazette of the thirteenth day of July, nineteen hundred and sixteen, certain roads passing through and adjoining Sections 346 and 2 of 267, Kaikoura Suburban, were closed under section eleven of the Land Act 1908: And whereas it is desired to declare the land comprised in such closed roads to be Crown lands available for disposal under the Land Act 1948: Be it therefore enacted as follows:—

    (1) The lands comprised in the closed roads hereinbefore referred to are hereby declared to be Crown lands available for disposal under the Land Act 1948.

    (2) The lands to which this section relates are more particularly described as follows:—

    All those areas in the Marlborough Land District, in Blocks X and XI, Mount Fyffe Survey District, containing by admeasurement three roods twenty-one decimal six perches, two acres and thirty-three perches, and one acre one rood six perches respectively, being closed roads adjoining or passing through Sections 346 and 2 of 267, Kaikoura Suburban: as the same are delineated on plan marked PWD 40350, deposited in the office of the Public Works Department, Wellington, and thereon coloured green.

76 Removing the reservation from part of a reserve for the growth and preservation of timber in the Marlborough Land District
  • Whereas by section sixty-six of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1915, certain lands in the Marlborough Land District were set apart as a reserve for the growth and preservation of timber: And whereas it is desirable that part of such lands should be made available for settlement: Be it therefore enacted as follows:—

    (1) The reservation over the land hereinafter described is hereby cancelled, and the land is hereby declared to be Crown land available for disposal under the Land Act 1948.

    (2) The land to which this section relates is more particularly described as follows:—

    All that parcel of land, containing by admeasurement 950 acres, more or less, situated in Block II, Tennyson, and Block III, Wakamarina Survey Districts, in the Marlborough Land District: commencing at its north-west corner on the State-forest boundary; thence by lines bearing and measuring approximately 45°, 2700 links; 118° 30′, 4050 links; 146° 30′, 2925 links; 186° 30′, 4325 links; thence by the northern side of a surveyed road and a traverse-line to the summit of the main range, along the main range, and down a spur to Trig Station, Gibraltar, 11300 links; thence by a traverse-line to peg vii, 1776.2 links; thence by a line bearing approximately 221°, 5950 links, to the State-forest boundary; thence by lines bearing and measuring approximately 333° 45′, 950 links; 6°, 6305 links; 45°, 6625 links; 321° 30′, 6510 links; along that boundary to the point of commencement:

    Also all that parcel of land, containing by admeasurement 222 acres, more or less, situated in Block III, Wakamarina Survey District, in the Marlborough Land District: commencing on the State-forest boundary at its intersection with a surveyed road near the south side of the Tunapai Stream; thence by the northern side of the said road, 3340 links; thence across that road and by a traverse-line to Trig W, 7647.9 links; thence by a traverse-line to the State-forest boundary, 2724 links; thence by lines bearing and measuring approximately 15° 15′, 4000 links; 42° 30′, 1800 links; along that boundary to the point of commencement:

    As the same are more particularly delineated on plan marked L and S 22/1653 (A), deposited in the Head Office, Department of Lands and Survey, Wellington, and thereon edged red.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

77 Vesting portion of foreshore at Kaikoura in Kaikoura Harbour Board
  • (1) The land hereinafter described, being part of the foreshore fronting the Town of Kaikoura, is hereby vested in the Kaikoura Harbour Board.

    (2) The land referred to in this section is particularly described as follows:—

    All that portion of the foreshore commencing at Ramsgate Street and extending in a south-easterly direction to a point opposite Section 93 of the Town of Kaikoura: as the said piece of land is delineated on the plan marked MD 4813, and deposited in the office of the Marine Department, at Wellington.

78 Vesting in Public Trustee certain property held by trustees in trust for the religious purposes of the German Protestant inhabitants of Canterbury
  • [Repealed]

    Section 78 was repealed, as from 31 October 1922, by section 54(6) Reserves and other Lands Disposal and Public Bodies Empowering Act 1922 (1922 No 50).

79 Cancelling the reservation over portion of Cemetery Reserve 62A, Block I, Pigeon Bay Survey District
  • (1) The reservation as a cemetery over the land hereinafter described is hereby cancelled, and the said land is hereby declared to be set apart as an endowment for primary education.

    (2) The land to which this section relates is more particularly described as follows:—

    All that area in the Canterbury Land District, containing by admeasurement twenty-nine acres, more or less, being part of Reserve 62A, situate in Block I, Pigeon Bay Survey District: commencing at a point in Camp Bay, the same being the north-western corner of Reserve 62A, and bounded north-westerly generally by the high-water mark of Camp Bay and portion of Reserve 62A (being the promontory of Camp Bay to be retained for a cemetery); north-easterly by Reserve 62, 1065 links; south-easterly by the said reserve, 3250 links; and westerly by Rural Section 229A and the abutment of a road, 1552 links, to the commencing-point: be all the aforesaid linkages a little more or less: as the same is delineated on the plan marked L and S 20/55 (A), deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured pink border.

80 Authorizing leasing to Salvation Army of old immigration barracks at Addington
  • (1) Notwithstanding anything in the Public Reserves and Domains Act 1908, the Governor-General is hereby empowered to lease to Commissioner Henry Charles Hodder, of Wellington, Commissioner in Charge of the Salvation Army in New Zealand, on behalf of the Salvation Army authorities, for the purposes of a prison-gate and industrial home, the land hereinafter described, together with the buildings thereon, for a term not exceeding twenty years from the first day of September, nineteen hundred and seventeen, subject to such conditions as he may deem fit.

    (2) The land to which this section relates is more particularly described as follows:—

    All that area in the Canterbury Land District, containing by admeasurement two acres two roods nineteen perches, more or less, being portion of Rural Section 72, City of Christchurch, and bounded as follows: towards the north by Poulson Street, 39.3 links and 453 links; towards the east by Emerson Street, 563 links; towards the south by Jackson's Creek; and towards the west generally by other part of the said Section 72, 164.4 links, 30 links, and 386.7 links: be all the aforesaid linkages more or less: as the same is delineated on the plan marked L and S 20424 (A), deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

81 Special provision as to returns relating to domains controlled by the Christchurch City Council
  • [Repealed]

    Section 81 was repealed, as from 16 September 1946, by section 4 Christchurch Domains Act 1946 (1946 No 1(L)).

82 Vesting of additions to Selwyn plantation reserves
  • [Repealed]

    Section 82 was repealed, as from 1 April 1954, by section 30(1) Selwyn Plantation Board Act 1953 (1953 No 96).

83 Declaring certain closed roads to be education-endowment reserves
  • (1) The lands hereinafter described, being portions of closed roads traversing Education Endowment Reserve 1200, Block IX, Opihi Survey District, in the Canterbury Land District, are hereby set apart as reserves for the purpose of endowments for primary education.

    (2) The lands to which this section relates are more particularly described as follows:—

    All that area in the Canterbury Land District, containing three acres two roods twenty-six perches, more or less, being a closed road, situated in Block IX, Opihi Survey District: bounded towards the north generally by Education Reserve 1200, 672.9 links, 253 links, and 2730 links; towards the east by a public road; towards the south generally by Education Reserve 1200, 2780 links, 349.2 links, and 552 links; and towards the west by Cattle Valley Road:

    Also all that area in the Canterbury Land District, containing three roods, more or less, being a closed road situated in Block IX, Opihi Survey District: bounded towards the east by Education Reserve 1200, 1550 links; and towards the west generally by Cattle Valley Road, 1222.6 links and 350 links:

    As the same are delineated on the plan marked L and S 20/34 (A), deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured red.

84 Cancelling the reservation for State-forest purposes over Reserve 3273, Blocks II, V, and VI, Upper Ashley Survey District
  • The reservation for State-forest purposes over Reserve 3273, Blocks II, V, and VI, Upper Ashley Survey District, in the Canterbury Land District, is hereby cancelled, and the said land is hereby declared to be national-endowment land available for disposal under the Land Act 1948.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

85 Vesting portion of Reserve 2237, Block VI, Rakaia Survey District, Canterbury Land District, in the Board of Governors of Canterbury College
  • Whereas by Proclamation published in the Gazette of the thirty-first day of January, eighteen hundred and seventy-eight, Reserve 2237, in Block VI, Rakaia Survey District, in the Canterbury Land District, was set apart for educational purposes: And whereas portion of the said reserve was, pursuant to the Christchurch Boys' High School Act 1878, vested in the Board of Governors of the Canterbury College in trust for the establishment and maintenance of the Christchurch Boys' High School: And whereas it is desirable that the balance of the reserve as hereinafter described be similarly vested: Be it therefore enacted as follows:—

    (1) The land hereinafter described is hereby vested in the Board of Governors of the Canterbury College in trust for the establishment and maintenance of the Christchurch Boys' High School:

    Provided that if at any time the said land is required as a site for a public school the said land may be resumed by the Governor-General for that purpose without payment of compensation.

    (2) The Governor-General is hereby empowered to execute a Warrant for the issue of a certificate of title to the said Board of Governors in respect of the said land, subject to the trusts and reservations hereinbefore mentioned.

    (3) The land to which this section relates is more particularly described as follows:—

    All that area in the Canterbury Land District, containing by admeasurement nine acres two roods seventeen perches, being part of Reserve 2237, situated in Block VI, Rakaia Survey District, and bounded as follows: towards the north generally, 71 links and 469 links, by Section 27574; towards the east by other part of Reserve 2237, 2286.9 links; towards the south by McCrory's Road, 444.2 links; and towards the west by Section 28394, 2117.2 links: be all the aforesaid linkages more or less: as the same is delineated on the plan marked L and S 22/2047 (A), deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured red.

86 Varying provisions of the Reserves Act 1977, relating to domains controlled by the Christchurch City Council
  • Notwithstanding anything to the contrary in the Reserves Act 1977, whenever in lieu of appointing persons to be a Domain Board the Governor-General in Council shall have appointed the Corporation of the City of Christchurch to be such Domain Board the following provisions shall have effect:—

    (1) The ordinary meetings of the City Council of such city shall for all purposes connected with the domain referred to in such appointment be deemed to be meetings of such Domain Board for the transaction of the business of the Board.

    (2) The first meeting of the said City Council held not less than three days after the gazetting of the Order in Council making such appointment shall be the first meeting of such Domain Board.

    (3) The first ordinary meeting of the said Council held in the month of June in each year shall be deemed to be the annual meeting of the said Board.

    (4) The annual report to be prepared by the Board and submitted at each annual meeting shall be a report of the proceedings of such Board for the previous year ending on the thirty-first day of March, together with a statement of its receipts and expenditure for that year.

    The Public Reserves and Domains Act 1908 (1908 No 156) was substituted, as from 1 April 1929, by a reference to the Public Reserves, Domains, and National Parks Act 1928 pursuant to section 103 Public Reserves, Domains, and National Parks Act 1928 (1928 No 36).

    That reference was in turn substituted, as from 1 April 1954, by a reference to the Reserves and Domains Act 1953 pursuant to section 107(1) Reserves and Domains Act 1953 (1953 No 69).

    That reference was in turn substituted, as from 1 April 1978, by a reference to the Reserves Act 1977 pursuant to section 125(1) Reserves Act 1977 (1977 No 66).

87 Exchange of national-endowment land, Clayton, for Crown land
  • Whereas the lands described in subsection three hereof were set aside as part of the national endowment, and subsequently included in the Clayton and Lees Valley Settlements and disposed of to discharged soldiers as if they were lands subject to the Land for Settlements Act 1908: And whereas it is desirable to validate such disposition, and to set aside other Crown lands as national-endowment land in lieu of the national-endowment land so disposed of: Be it therefore enacted as follows:—

    (1) The reservation over the said lands for the purposes of the national endowment is hereby cancelled, and the said lands are hereby declared to be settlement lands subject to the leases and licenses that have been issued over them.

    (2) In lieu of such lands the Crown lands described in subsection four hereof (being of approximately equal value) are hereby set aside and included within the national endowment.

    (3) The lands over which the reservation for national-endowment purposes is hereby cancelled are particularly described as follows:—

    • (a) All that area in the Canterbury Land District, containing by admeasurement nine thousand four hundred and ten acres, more or less, being part of Run 14 (Clayton Station), situate in Four Peaks and Opuha Survey Districts, Mackenzie County, and bounded—eastward generally by Tripp and Four Peaks Settlements; southward generally by Four Peaks Settlement and Rural Section 36092; westward generally by Rural Sections 36092, 28523, 28426, 28425, 28424, 28423, the North Branch of the Opuha River, Rural Sections 28421, 28420, 28419, 28418, 28427, and 28428, and part Run 14; and northward generally by other part of Pastoral Run 14: as the same is more particularly delineated on the plan marked L and S 8/8/17A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged pink.

    • (b) Also all that area in the Canterbury Land District, containing by admeasurement nineteen thousand six hundred and eighty acres, more or less, being part of Pastoral Runs 145 and 145A, situate in Upper Ashley and Mount Thomas Survey Districts, Ashley County, and bounded—northward generally by part of Pastoral Runs 145A and 145 and Forest Reserve 3269; eastward generally by Rural Section 37048, Lot 8, Lees Valley Settlement, and Crown lands; southward generally by Crown lands, Forest Reserve 3115, and Lot 9, Lees Valley Settlement; and westward generally by the Rivers Ashley and Whistler and part of Pastoral Run 145: save and excepting thereout the land coloured pink, ten acres of which (part of Rural Section 25559) is freehold and the balance has been purchased under the Land for Settlements Act, and part of Lot 8, Lees Valley Settlement, coloured yellow, which are included within the above-described boundaries: as the same is more particularly delineated on the plan marked L and S 8/8/17B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged green.

    (4) The lands hereby set aside and included within the national endowment are particularly described as follows:—

    • (a) All that area in the Canterbury Land District, containing by estimation fifty-two thousand six hundred acres, more or less, being Pastoral Run 115, known as Clent Hills Station, situate in Heron, Somers, Tripp, and Alford Survey Districts, Ashburton County, and bounded—northward generally by Lake Heron, Crown land, Pastoral Runs 117 and 118A; eastward generally by Pastoral Runs 119, 102, 104, the Stour River, and Rural Sections 31257, 31258, 31259, and 30988; south and south-westward generally by Rural Sections 31190, 31257, 31258, 31259, and the Ashburton River; and westward generally by the Ashburton River, Pastoral Run 203, Rural Sections 30666, 32726, 30668, 32727, 34529, Crown land, Rural Section 30667, Pastoral Run 116, and Lake Heron: save and excepting thereout Rural Section 9214, which is included in the above-described boundaries: as the same is more particularly delineated on the plan marked L and S 8/8/17C, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged pink.

    • (b) Also all that area in the Canterbury Land District, containing by estimation one hundred and three thousand seven hundred acres, more or less, being pastoral run numbered 93A, Glenlyon Station, situate in Mueller, Ward, Tasman, Hopkins, Pukaki West, and Campbell Survey Districts, County of Mackenzie, and bounded—northward by Crown land; eastward by Pastoral Runs 89 and 89A, Small Grazing-run 97, and Pastoral Run 88; southward by Pastoral Run 87; and westward by Lake Ohau, the River Hopkins, Forest Reserve 3343, and the Richardson and Hour Glass Glaciers: save and excepting thereout Forest Reserves 3344 and 3345, which are included within the above-described boundaries: as the same is delineated on the plan marked L and S 8/8/17D, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged pink.

88 Severing an area of land included within the Ellesmere Lands Drainage District from that district, and placing same under the control of the Ellesmere County Council as a drainage district under the Counties Act 1908
  • Whereas the area of land hereinafter particularly described forms part of the lands included in the Ellesmere Lands Drainage District (hereinafter called the drainage district) as at present constituted, and it is desirable that it should be severed from the said district, and placed under the control of the Ellesmere County Council (hereinafter called the Council): Be it therefore enacted as follows:—

    (1) The area of land hereinafter particularly described within the County of Ellesmere, and which at present forms part of the drainage district, is hereby declared to be severed from the lands included in the drainage district; and the Ellesmere Lands Drainage Board (hereinafter called the Board) shall cease to have any control, powers, or liabilities in respect of any drains, drainage-works, or watercourses, as defined by the Land Drainage Act 1908, and its amendments, constructed or existing within the said area of land.

    (2) The area of land (hereinafter called the said area) to which this section applies is particularly described as follows:—

    All that land being part of the area described in Schedule 1 to the Ellesmere Lands Drainage Act 1905, situate in Blocks XI, XII, XV, and XVI, Leeston Survey District, and Blocks II, III, and VII, Southbridge Survey District, and bounded as follows: commencing at the intersection of the western bank of the River Selwyn with the northern side of the road forming the southern boundary of Rural Sections 6823 and 6824; thence southerly along the western bank of the said river to its outlet into Lake Ellesmere; thence north-westerly along the shore of Lake Ellesmere and the south-western side of the road forming the south-western boundary of Lots 17, 16, and 15, Block X, Reserve 959; thence westerly along the southern side of the road forming the southern boundary of Lot 14, Block X, Reserve 959; thence generally south-westerly along the south-eastern side of the road forming the south-eastern boundary of Lots 13, 12, 11, 36, 35, a reserve, Lots 34, 33, 32, 10, 9, 8, 7, 6, and 5, Block X, Reserve 959; thence generally southerly and westerly along the eastern and southern side of the road forming the eastern and southern boundary of Reserve 3192; thence south-easterly along the north-eastern boundary of Reserve 684; thence north-easterly, southerly, and south-westerly along a road and the southern and south-western boundaries of Reserve 2951; thence generally easterly and southerly along the northern and eastern sides of a road forming the northern and eastern boundaries of Lots 2 and 1, Block X, Reserve 959; thence generally easterly, south-easterly, and south-westerly along the northern, eastern, and south-eastern boundaries of Reserve 3667 (Maori commonage), Reserve 806, a landing reserve, and Reserve 889; thence generally south-westerly, south-easterly, and southerly along the south-eastern, north-eastern, and southern boundaries of Lots 8, 9, and 22, Native Reserve 878, to the Taumutu and Rakaia Road; thence south-westerly along the southern boundary of Lot 22, Native Reserve 878, to the western boundary of the said reserve; and from thence returning generally northerly and north-easterly along the boundary described in Schedule 1 to the Ellesmere Lands Drainage Act 1905, to the commencing-point, and edged green on plan.

    (3) The said area is hereby placed under the control of the Council, and shall be deemed to be constituted a drainage district as if it had been constituted a drainage district by special order of and by the Council in pursuance of section one hundred and sixty-seven of the Counties Act 1908, upon a petition of the ratepayers within the said area, and notwithstanding anything to the contrary in the said section contained; and the Council may assign a name thereto, and it shall have the exclusive control, construction, management, and maintenance at the cost of the Council of all drainage-works, drains, and watercourses within the said area, and it may in respect thereof exercise within the said area all and singular the powers relating to drainage of lands given to County Councils in and by the Counties Act 1908, and its amendments.

    (4) The Council shall in each and every year pay to the Board an annual sum towards the expenses incurred by the Board for the purpose of the letting-out of the waters of Lake Ellesmere to the sea, such sum to be in the proportion to the total sum paid by the Board at any time hereafter for the expenses incurred by the Board in the letting-out of the said waters to the sea as the capital value of the said area hereby constituted a drainage district under the control of the Council shall bear to the capital value for the time being of the total area of land included within the boundaries of the Ellesmere Lands Drainage District under the control of the Board, and which land for the time being is liable to be rated by the Board for the outlet of the waters of Lake Ellesmere to the sea, as provided by the Land Drainage Act 1908, and its amendments.

    (5) The amount of the said annual sum shall become and be a liability of the Council, and may be recoverable by the Board by action in any Court of competent jurisdiction.

    (6) A certificate under the hand of the Chairman of the Board for the time being of the sum paid by the Board for expenses incurred by the Board in letting out the said waters shall be accepted by the Council as conclusive of the amount of such expenses, and shall not be liable to be questioned by it.

    (7) Notwithstanding the severance of the area from the said drainage district, every person within the said area whose name appears on the valuation roll made under the Valuation of Land Act 1908, as provided by section six of the Land Drainage Act 1908, although his land shall no longer be liable to be rated by the Board under the said Act or its amendments, shall nevertheless continue to have his name inserted in the ratepayers list, and shall be deemed to be an elector and entitled to vote at the election of trustees as provided by section nine of the said Act.

    (8) Nothing herein contained shall be deemed to affect any special rates heretofore made by the Board for the purpose of providing for the payment of interest and sinking fund in respect of the sum of twenty thousand dollars raised by the Board under the provisions of the Ellesmere Lands Drainage Act 1905, and the said area hereby severed from the boundaries of the Ellesmere Lands Drainage District shall remain and continue to be subject to the payment of the said special rate.

    The words twenty thousand dollars were substituted, as from 10 July 1967, for the words ten thousand pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

89 Adding post-office site to Wainui Domain
  • (1) It shall be lawful for the Governor-General, by Order in Council, to cancel the reservation as a site for a post and telegraph office of the land described in subsection two of section fifty-five of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1910.

    (2) From the date of the gazetting of such Order in Council the said land shall again form part of the Wainui Domain.

    (3) No such Order in Council shall be issued except on condition that provision shall be made by the Wainui Domain Board to the satisfaction of the Postmaster-General for the vesting in His Majesty of another site for a post and telegraph office, and the erection thereon of a building for the purpose.

    (4) The Wainui Domain Board is hereby empowered to make such provision.

90 Setting apart portion of the Port Chalmers Town Belt as a burial-ground for soldiers
  • Whereas the parcel of land hereinafter described is part of an area of land vested in the Corporation of the Borough of Port Chalmers in trust for purposes of public recreation: And whereas it is desirable that the said parcel of land should be a burial-ground for soldiers: Be it therefore enacted as follows:—

    (1) The said parcel of land shall hereafter be held by the said Corporation of the Borough of Port Chalmers as a reserve for a burial-ground for soldiers, subject to the provisions of the Burial and Cremation Act 1964, in so far as such provisions are not inconsistent with the trust hereby declared.

    (2) The land to which this section relates is more particularly described as follows:—

    All that parcel of land, containing fourteen perches, more or less, being part of the Port Chalmers Town Belt, bounded as follows: on the south-east 80 links, south-west 75 links, and the north-west 105 links, by the aforesaid Town Belt; and on the north-east 40 links by railway reserve, and 100 links by new cemetery: be all the aforesaid linkages more or less: as the same is delineated on the plan marked L and S 2/343, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

    The Cemeteries Act 1908 (1908 No 19) was repealed, as from 1 April 1965, by section 61(1) Burial and Cremation Act 1964 (1964 No 75).

91 Removing reservation from Defence reserve in Town of Havelock
  • The reservation for defence purposes over Sections 19 and 20, Block XVIII, Town of Havelock, in the Otago Land District, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1948.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

92 Validating the sale by the Roxburgh Borough Council of part of Roxburgh Recreation Reserve
  • (1) The reservation for recreation purposes over the land hereinafter described is hereby cancelled, and the Corporation of the Borough of Roxburgh is hereby empowered to sell and transfer the said piece of land to the present occupier thereof.

    (2) The land to which this section relates is more particularly described as follows:—

    All that area in the Otago Land District, containing by admeasurement two roods six perches, more or less, being part of Section 33, Block II, Teviot District, in the Borough of Roxburgh, and bounded as follows: towards the north-west by Sections 33C and 33D, 652.7 links; towards the south-west by Section 33D, 165.2 links; again towards the north-west by Section 33E, 256 links; towards the north-east by recreation reserve, 50.1 links; towards the south-east by recreation reserve, 203 links; again towards the north-east by recreation reserve, 171 links; again towards the south-east by recreation reserve, 720 links; and again towards the south-west by recreation reserve, 50.2 links: be all the aforesaid linkages more or less: as the same is delineated on plan marked L and S 13/43, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

93 Changing the purpose of the endowment set apart for a public library in the Township of Hamilton to the Waipiata-Hamiltons Library endowment
  • Whereas by Warrant dated the twenty-third day of September, eighteen hundred and ninety-seven, and published in Gazette No 87, of the fourteenth day of October, eighteen hundred and ninety-seven, Sections 13 and 14, Block IV, Upper Taieri Survey District, Otago Land District, containing four hundred and thirty-four acres one rood thirty-five perches, were, in pursuance of section twenty-three of the Reserves and Crown Lands Disposal and Enabling Act 1896, duly reserved for the purpose of an endowment for a public library in the Township of Hamilton: And whereas it is desirable that the purpose for which the said land was reserved should be changed to an endowment for the Waipiata-Hamiltons Library: Be it therefore enacted as follows:—

    The purpose for which the said Sections 13 and 14, Block IV, Upper Taieri Survey District, were set apart by the Warrant hereinbefore referred to is hereby changed to an endowment for the Waipiata-Hamiltons Library.

94 Exchanging part of the Otago University endowment for Crown land
  • Whereas the lands described in subsection three hereof are parts of an endowment vested in the Council of the University of Otago: And whereas the lands described in subsection four hereof are Crown land: And whereas the lands described in subsection three hereof are required for public purposes, and the said Council is agreeable to an exchange being effected: Be it therefore enacted as follows:—

    (1) The Council of the University of Otago may transfer to His Majesty the King the lands described in subsection three hereof, and the said land shall thereupon become Crown land subject to the Land Act 1948; and upon completion of such transfer the Governor-General shall, by Warrant under his hand, direct the issue of a certificate of title to the said Council in respect of the lands described in subsection four hereof.

    (2) The land granted to the said Council shall be held for the same objects and purposes, and shall be subject to the same trusts (if any), as the land given in exchange was held.

    (3) The land to be transferred to His Majesty the King is described as follows:—

    All that area in the Otago Land District, containing by admeasurement ten acres, more or less, being Section 1, Block XVI, Benmore Survey District; also all that area in the Otago Land District, containing by admeasurement twenty acres two roods, more or less, being Section 2, Block III, Ohau River Survey District.

    (4) The land to be granted to the Council of the University of Otago is described as follows:—

    All that area in the Otago Land District, containing twenty-seven acres, more or less, formerly portion of the Ahuriri Tree-planting Reserve, lying generally to the north-east of a public road, bounded towards the north and east by the Benmore University Endowment, Benmore Survey District, as the same is delineated on plan marked L and S 8/9/47B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured pink; also all that area, containing eleven acres two roods, more or less, being Pre-emptive Right A, Section 1, Block III, of the Ohau River Survey District.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

95 Proposed removal of reservation from Section 107, Block VIII, Glenomaru Survey District
  • Whereas by Warrant dated the twenty-third day of April nineteen hundred and eight, and published in the Gazette of the thirtieth day of April, nineteen hundred and eight, certain areas were set apart for the public purposes specified therein: And whereas by such Warrant Section 107, Block VIII, Glenomaru Survey District, Otago Land District, was set apart as a site for a public school: And whereas the School Commissioners for the Provincial District of Otago granted a lease over the said section, believing it to be an endowment for primary education: And whereas the Otago Education Board, within whose district the said section is situated, has by resolution certified that it is not required for the purpose of a public-school site, and it is desirable that it be set apart as an endowment for primary education, and that the lease granted by the said School Commissioners be validated: Be it therefore enacted as follows:—

    The Warrant dated the twenty-third day of April, nineteen hundred and eight, and published in the Gazette of the thirtieth day of April, nineteen hundred and eight, setting apart certain areas for specified public purposes, is hereby revoked in so far as it affects Section 107, Block VIII, Glenomaru Survey District, which section is hereby declared to be and to have been an endowment for the purpose of primary education from the first day of May, nineteen hundred and eight; and the lease granted by the Otago School Commissioners over the said section to John Callahan for a term of twenty-one years from that date is hereby validated.

96 Exchanging certain land acquired under the Land for Settlements Act for some adjacent land
  • Whereas the lands described in subsection three hereof were acquired under the Land for Settlements Act 1908: And whereas it is desirable that these lands be exchanged for the Crown land described in subsection four hereof, which is approximately equal in value: Be it therefore enacted as follows:—

    (1) The lands described in subsection three hereof are hereby declared to be Crown land available for disposal under the Land Act 1948.

    (2) The land described in subsection four hereof is hereby declared to be subject to the Land for Settlements Act 1908.

    (3) The lands hereby declared to be Crown land are more particularly described as follows:—

    All that area in the Otago Land District, containing by admeasurement eleven acres two roods, more or less, being Pre-emptive Right C on the map of Block IX, Leaning Rock District: bounded towards the north-east by Crown land, the abutment of a road, and also by Section 57; towards the south-east by Section 57 aforesaid; towards the south-west by Section 8 and Crown land; and towards the north-west by a road-line: as the same is delineated on plan marked L and S 8/9/49A, deposited in the Head Office of the Department of Lands and Survey, Wellington, and thereon edged green:

    Also all that area in the Otago Land District, containing by admeasurement nine acres two roods, more or less, being portion of Pre-emptive Right E on the map of Block VI, Tiger Hill District: bounded towards the north by Crown land; towards the north-east by Crown land; towards the south-east by a road-line; towards the south-west by Crown land; and towards the north-west by Crown land: excepting therefrom the Galloway School site, allowance for which has been made in the area given:

    As the same is delineated on the plan marked L and S 8/9/49B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged green.

    (4) The land hereby declared to be subject to the Land for Settlements Act 1908, is more particularly described as follows:—

    All that area situated in the Otago Land District, containing by admeasurement nine acres three roods, more or less, being Section 63 on the map of Block VI, Tiger Hill District: bounded towards the north-east by a road-line; towards the south-east by Section 9; again towards the north-east by Section 9 aforesaid; towards the south-east by Section 105; towards the south-west by a road-line; and towards the north-east by a road-line:

    As the same is delineated on the plan marked L and S 8/9/49C, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

97 Declaring reclaimed lands in the New River Estuary to be part of the Borough of Invercargill, authorizing the issue of title, giving powers of leasing, and validating and authorizing loans
  • [Repealed]

    Section 97 was repealed, as from 21 October 1955, by section 22(8)(h) Reserves and Other Lands Disposal Act 1955 (1955 No 49).

98 Authorizing the Invercargill Borough Council to issue leases of Invercargill Athenaeum lands
  • Whereas by the Invercargill Athenaeum Act 1916, all the lands of the Invercargill Athenaeum were vested in the Mayor, Councillors, and Burgesses of the Borough of Invercargill (hereinafter called the Corporation): And whereas the Committee of Management of the Invercargill Athenaeum were empowered to grant leases for any term or terms not exceeding seven years over the lands hereinafter described: And whereas the said lands are business sites with buildings used as shops and offices erected thereon, which buildings are the property of the Corporation: And whereas it is expedient to make provision for authorizing the Invercargill Borough Council to continue to issue leases on the same terms: Be it therefore enacted as follows:—

    The Invercargill Borough Council is hereby authorized and empowered to lease from time to time, at such rent and on such conditions as the Council may deem advisable, and for any term or terms of years not exceeding fourteen years at any one time, the following lands or any part thereof, that is to say:—

    Firstly, all that parcel of land, containing nineteen perches, more or less, situated in the Town of Invercargill, being part of a Government reserve: bounded on the north by a part of the said Government reserve, 132.6 links; on the east by Dee Street, 101.5 links; towards the south by Tay Street, 134.4 links; and on the west by a part of the Government reserve aforesaid, 83.5 links; and being all the land comprised in Crown grant registered in Register-book, Volume 13 folio 218, in the Land Transfer Office at Invercargill.

    Secondly, all that parcel of land situated in the Town of Invercargill, containing twenty-five perches, be the same a little more or less, being part of the land formerly known as the Reserve for Public Buildings: bounded on the north by Esk Street, 87 feet 6 inches or thereabouts; on the south by portion of Government reserve, 87 feet 6 inches or thereabouts; on the east by Dee Street, 66 feet or thereabouts; and on the west by portion of the said reserve, 66 feet or thereabouts.

99 Setting apart land in the Town of Lumsden as a site for a post-office
  • Whereas Section 4, Block XIV, Town of Lumsden, is vested in the Crown in trust as an endowment for primary education by virtue of section two of the Education Reserves Amendment Act 1910: And whereas the Governor-General by Proclamation published in the Gazette of the thirtieth day of August, nineteen hundred and seventeen, purported to set apart the said Section 4 for the purposes of a post-office: And whereas it appears that the said Proclamation is ultra vires, and it is desirable to set apart the said land for post-office purposes: Be it therefore enacted as follows:—

    (1) The reservation for primary-education purposes over all that parcel of land, containing one rood, being Section 4 in Block XIV, Town of Lumsden, Southland Land District, as shown on the plan marked PWD 42724, deposited in the office of the Minister of Public Works, at Wellington, in the Wellington Land District, and thereon edged red, is hereby cancelled, and the said land is hereby set apart for post-office purposes.

    (2) There shall be paid to the credit of the Primary Education Endowments Deposit Account out of the Public Works Fund the sum of two hundred and forty dollars, being the value of the said Section 4.

    The words two hundred and forty dollars were substituted, as from 10 July 1967, for the words one hundred and twenty pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

100 Validating the setting-apart of State forest as national-endowment land
  • Whereas by Proclamation dated the twenty-fourth day of February, eighteen hundred and eighty-six, certain lands in the Southland Land District were declared State forests: And whereas those portions of the said lands that are hereinafter described were by section two of the National Endowment Act 1907, set apart as national-endowment land: And whereas it is desirable that the setting-apart as national-endowment land be validated: Be it therefore enacted as follows:—

    (1) The Proclamation dated the twenty-fourth day of February, eighteen hundred and eighty-six, setting apart certain lands in the Southland Land District for State forests is hereby revoked in so far as it affects the land hereinafter described, which land is hereby declared to have been Crown land at the date of the passing of the National Endowment Act 1907.

    (2) The land in respect of which the said Proclamation is revoked is more particularly described as follows:—

    All that area of land in the Southland Land District, in the Eyre Survey District, containing by estimation thirty-one thousand five hundred acres, more or less, being all the bush land included in Runs 190A, 190B, 190C, 190D, 190E, 302, 302A, 302B, 352A, 352B, 509, and 527: as the same is delineated on plan marked L and S 22/1934A, deposited in the Head Office, Department of Lands and Survey, Wellington, and thereon coloured green.

101 Cancelling the reservation over Section 189, Block XIV, Wairio Survey District
  • The reservation for the purpose of a cemetery over Section 189, Block XIV, Wairio Survey District, in the Southland Land District, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1948.

    The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31).

    That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

102 Declaring closed road intersecting Sections 6, 7, 8, 9, 10 and 11, Block VII, Wakaia Survey District, Southland Land District, for purposes of an endowment for primary education
  • The parcels of Crown land hereinafter described are hereby reserved for the purposes of an endowment for primary education. The parcels of land to which this section relates are particularly described as follows:—

    All those areas in the Southland Land District, being parts of a closed road 50 links wide, containing by admeasurement two acres one rood sixteen perches, one acre two roods thirteen perches, three roods, three roods twenty-one perches, three roods thirty-four perches, and three roods thirteen perches, more or less, respectively, and intersecting Sections 6, 7, 8, 9, 10, and 11, Block VII, Wakaia Survey District, being all the lands described in Proclamation dated the fifteenth day of October, nineteen hundred and seventeen, and published in the Gazette of the eighteenth day of October, nineteen hundred and seventeen.

103 Authorizing issue of lease for three years to Auckland City Council of portion of Mount Eden Gaol Reserve
  • (1) Notwithstanding the provisions of the Reserves Act 1977, and its amendments, it shall be lawful for the Governor-General to grant to the Mayor, Councillors, and Citizens of the City of Auckland a lease of the land hereinafter described for a period not exceeding three years and at such rent and on such terms and conditions as the Governor-General thinks fit.

    (2) The land to which this section relates is particularly described as follows:—

    All that area in the Auckland Land District, containing by admeasurement five acres three roods and three-tenths of a perch, more or less, being portions of Lots 108 and 109 of Section 6, Suburbs of Auckland, and bounded as follows: commencing at the southern corner thereof at an angle of the Mountain Road on the north-east side thereof, bounded by the said Mountain Road 334.7 links, bearing 325° 55′; 428.7 links, bearing 297° 3′; thence by other part of Lot 109 aforesaid, 626.6 links, bearing 21° 46′; 366.21 links, bearing 111° 46 ′to a right-of-way; thence by the said right-of-way 50 links, bearing 201° 46′; 588.52 links, bearing 111° 46′; thence by lines through part of Lot 108 aforesaid, known as rifle range, 730.14 links, bearing 218° 20′, and 120 links, bearing 221° 15′, to the point of commencement: be all the aforesaid linkages and bearings a little more or less: as the same is delineated on a plan marked L and S 22/1291 and numbered 1, deposited in the Head Office, Lands and Survey Department, at Wellington.

    The Public Reserves and Domains Act 1908 (1908 No 156) was substituted, as from 1 April 1929, by a reference to the Public Reserves, Domains, and National Parks Act 1928 pursuant to section 103 Public Reserves, Domains, and National Parks Act 1928 (1928 No 36).

    That reference was in turn substituted, as from 1 April 1954, by a reference to the Reserves and Domains Act 1953 pursuant to section 107(1) Reserves and Domains Act 1953 (1953 No 69).

    That reference was in turn substituted, as from 1 April 1978, by a reference to the Reserves Act 1977 pursuant to section 125(1) Reserves Act 1977 (1977 No 66).

104 Cancelling lease of Mount Eden Gaol Reserve issued to the Colonial Ammunition Company (Limited), and authorizing issue of new lease in lieu thereof
  • Whereas by section five of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1907, it is, amongst other things, provided that it shall be lawful for the Governor from time to time to grant to any contractor under the Ammunition-supply Act 1904, for the purpose of the manufacture of ammunition, a lease of any area not exceeding ten acres out of Lots 105 and 109 of Section 6, Suburbs of Auckland, in the Auckland Land District: And whereas a lease in pursuance of the said provision was duly granted to the Colonial Ammunition Company (Limited): And whereas it is desired to add certain other lands to the area so leased to the said company: Be it therefore enacted as follows:—

    (1) The Governor-General is hereby authorized and empowered to cancel the lease dated the nineteenth day of August, nineteen hundred and eight, between His Majesty the King and the Colonial Ammunition Company (Limited) over portions of Lots 105 and 109 of Section 6, Suburbs of Auckland, and to issue a new lease to the said company, on the same terms and conditions, over the land hereinafter described.

    (2) The land to be leased to the said company pursuant to this section is particularly described as follows:—

    All that area in the Auckland Land District, containing by admeasurement nine acres three roods thirty and seven-tenths perches, more or less, being part of Lots 105 and 109 of Section 6, Suburbs of Auckland: bounded by a line commencing at the southernmost corner of the Mount Eden Prison Reserve; thence bearing 172° 6′, distance 59.22 links; bearing 196° 4′, distance 600.6 links; bearing 291° 46′, distance 527.34 links; bearing 201° 46′, distance 279.91 links; bearing 291° 46′, distance 312.07 links, to Normanby Road: thence along the eastern side of that road bearing 21° 46′, distance 896 links; thence bearing 21° 25′, distance 382 links; bearing 314° 1′, distance 154.1 links; bearing 264° 47′, distance 69.23 links; bearing 76° 34′, distance 455.48 links; bearing 64° 22′, distance 12.67 links; bearing 61° 30′, distance 190.86 links; and bearing 172° 6′, distance 914.68 links, to the place of commencement: be all the aforesaid bearings and linkages a little more or less: as the same is delineated on a plan marked L and S 22/1291, and numbered 2, deposited in the Head Office, Lands and Survey Department, at Wellington.

105 Authorizing exchange of portion of Mount Eden Gaol Reserve for portion of adjoining land owned by the Auckland Grammar School Board
  • Whereas Lot 106 of Section 6, Suburbs of Auckland, containing twelve acres three roods, was permanently reserved for a public gaol by Warrant published in the New Zealand Gazette of the sixteenth day of January, eighteen hundred and seventy-nine: And whereas it is desired to exchange a portion of the said land for other land now vested in the Auckland Grammar School Board: Be it therefore enacted as follows:—

    The Governor-General is hereby authorized to transfer the land described in paragraph (a) hereof to the Auckland Grammar School Board, to be held by the said Board upon trust for the purposes of the Auckland Grammar School and subject to the provisions of the Auckland Grammar School Site Act 1911, and the Auckland Grammar School Board is hereby authorized to convey to His Majesty the King the land described in paragraph (b) hereof, and upon such conveyance being duly executed the land included therein shall without further reservation be deemed to be a reserve for public-gaol purposes.

    • (a) The land to be transferred to the Auckland Grammar School Board pursuant to this section is particularly described as follows:—

      All that area in the Auckland Land District, being part of Allotment 106, Section 6, Suburbs of Auckland, and containing by admeasurement two roods and seven and two-fifth perches, more or less, bounded by a line commencing at a point distant 207.4 links south-west from the north-west corner of Auckland Grammar School site; thence towards the east by a line bearing 190° 46′, distance 369.4 links; towards the south-east by lines bearing 235° 50′, distance 129.5 links; 253° 2′ 22″, distance 197.6 links; and towards the north-west by a line bearing 36° 42′, distance 614.9 links, to the point of commencement: be all the aforesaid bearings and linkages more or less: as the same is delineated on the plan marked L and S 22/1291, and numbered 3, deposited in the Head Office of the Lands and Survey Department, at Wellington, and thereon coloured red.

    • (b) The land to be conveyed to His Majesty the King pursuant to this section is particularly described as follows:—

      All that area in the Auckland Land District, containing by admeasurement one rood fourteen decimal sixteen perches, more or less, being parts of Lots 109 and 107, Section 6, Suburbs of Auckland: bounded by a line commencing at the southernmost corner of the Mount Eden Prison Reserve; thence bearing 73° 22′ 39″, distance 50.58 links; bearing 172° 6′, distance 77.58 links; bearing 196° 4′, distance 616.38 links; bearing 291° 46′, distance 50.25 links; bearing 16° 4′, distance 600.6 links; and bearing 352° 6′, distance 59.22 links, to the place of commencement: be all the aforesaid bearings and linkages more or less: as the same is delineated on the plan marked L and S 22/1291, and numbered 3, deposited in the Head Office of the Lands and Survey Department, at Wellington, and thereon coloured green.

106 Cancelling the reservation over the old rifle range situated within the Mount Eden Gaol Reserve and Auckland Grammar School Reserve
  • (1) The reservation for the purpose of a rifle range over that portion of Section 6, Suburbs of Auckland, described in a public notification dated the twenty-seventh day of May, eighteen hundred and seventy, and published in the Auckland Provincial Gazette No 27, of the eighth day of June, eighteen hundred and seventy, page 212, is hereby cancelled, and shall be deemed to have been cancelled as from the sixteenth day of January, eighteen hundred and seventy-nine.

    (2) The vesting in the Auckland Grammar School Board of such portion of the said rifle-range reserve as is included in the area described in section three of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1912, is hereby validated as from the date of the passing of the Auckland Grammar School Site Act 1911.

    (3) The portion of the said rifle-range reserve lying between the south-western boundary of the Auckland Grammar School site and Mountain Road is hereby declared to be reserved for gaol purposes, as from the twenty-seventh day of January, eighteen hundred and eighty-one.

    (4) The portion of the said rifle-range reserve lying to the south-west of Mountain Road and bounded by that road and by the Mount Eden Domain is hereby declared to be reserved for purposes of public recreation, and to form part of the Mount Eden Domain.

107 Declaring portions of education-endowment reserve in Kawakawa Parish to be a public road; and closing certain roads, and authorizing Governor-General to set same apart as education endowments
  • (1) The portions of education-endowment reserve, Sections 12 and 13, Kawakawa Parish, in the Auckland Land District, described in subsection three hereof are hereby declared to be a public road.

    (2) The pieces of road described in subsection four hereof are hereby closed, and the Governor-General may, by Proclamation, set apart the land comprised therein for the purposes of primary- or secondary-education endowments in such proportion as he may deem fit.

    (3) The parcels of land declared to be a public road are more particularly described as follows:—

    All those areas, containing respectively three acres and thirty-seven perches, one rood fourteen perches, two decimal thirteen perches, and two roods thirty-six decimal six perches, being portions of Sections 12 and 13, Kawakawa Parish: as the same are delineated and coloured red on the plan deposited in the Head Office, Department of Lands and Survey, Wellington, and numbered L and S 16/527.

    (4) The pieces of road hereby closed are more particularly described as follows:—

    All those areas, containing respectively three roods thirty-six perches, two roods eighteen decimal two perches, decimal fourteen of a perch, three roods six perches, and one acre one rood thirteen perches, abutting on Sections 12 and 13, Kawakawa Parish; as the same are delineated and coloured green on the plan deposited in the Head Office, Department of Lands and Survey, Wellington, and numbered L and S 16/527.

108 Amended provision as to exemption of lands in Hauraki Plains from general county rates
  • [Repealed]

    Section 108 was repealed, as from 9 October 1922, by section 2(3) Hauraki Plains Amendment Act 1922 (1922 No 9).

109 Conferring on Native Appellate Court jurisdiction to determine owners of Lot 149A, Parish of Tamahere
  • [Repealed]

    Section 109 was repealed, as from 1 January 1932, by section 558 Native Land Act 1931 (1931 No 31).

110 Commission to inquire as to proposed alteration of boundaries of Hokianga and other counties
  • (1) The Governor-General may appoint a Commission consisting of a Stipendiary Magistrate and two other persons to inquire and report to him as to what alterations (if any) of the boundaries of the Counties of Hokianga, Hobson, Whangarei, Bay of Islands, Mangonui, and Whangaroa are desirable, having regard to such considerations as the Governor-General in Council may direct.

    (2) The said Commission shall have all the powers of a Commission under the Commissions of Inquiry Act 1908.

    (3) The Governor-General may, by Proclamation, alter the boundaries of all or any of the said counties in such manner as he may deem to be in accordance with the report of the said Commission.

    (4) A Proclamation made under the authority of this section shall fully describe the alteration of the boundaries of each of the counties affected by it, and the altered boundaries so defined shall, as from the gazetting of the Proclamation, or as from such later date as may be specified in the Proclamation in that behalf, be the boundaries of the counties mentioned therein.

    (5) The provisions of sections seventeen and eighteen of the Counties Act 1908, and of section ten of the Counties Amendment Act 1915, shall apply as between any counties the boundaries of which are altered under this section:

    Provided that notwithstanding anything in subsection one of section seventeen of the Counties Act 1908, the boundaries of any of the said counties may be altered in such manner as will add to or exclude from any of such counties a part or parts only of a road district.

    (6) In any case where a part only of a road district is added as aforesaid to any of the said counties such part shall thereupon be excluded from that road district, and as between the Council of the county to which such part is added and the Road Board of the road district from which it is excluded the provisions of subsection three of section thirty-four of the Counties Amendment Act 1913, shall apply.

    (7) Notwithstanding anything to the contrary in paragraph (c) of section sixty-nine of the Counties Act 1908, it shall not be necessary for a fresh election of Councillors to be held in any riding of any of the said counties because of an area of an adjoining county being added thereto pursuant to this section.

111 Authorizing Wairoa County Council to raise loan for purchase of telephone-line between Mohaka and Tangoio
  • [Repealed]

    This section was repealed, as from 5 November 1919, by section 29(5) Reserves and other Lands Disposal and Public Bodies Empowering Act 1919 (1919 No 54). Section 29 of that Act is in substitution for the repealed section.

112 Authorizing issue of certificate of title to Hawke's Bay Hospital and Charitable Aid Board in respect of certain lands
  • (1) The Governor-General may, by Warrant under his hand, authorize the issue of certificates of title in favour of the Hawke's Bay Hospital and Charitable Aid Board as follows:—

    • (a) In respect of the lands described in Schedule 1 to the Napier Hospital Site Act 1876, to be held by the Board in trust as a site for a hospital and grounds; and

    • (b) In respect of the lands described in Schedule 2 to the said Napier Hospital Site Act 1876, to be held in trust as an endowment for the Napier Hospital (being the hospital erected on the land described in Schedule 1 to that Act).

    (2) The lands comprised in conveyances numbered respectively 30170 and 37781 in the Hawke's Bay Deeds Register Office are hereby declared to be and to have been since the commencement of the Hospitals and Charitable Institutions Act 1909, vested in the Hawke's Bay Hospital and Charitable Aid Board as the successor in title of the Hawke's Bay and Waipawa United District Charitable Aid Board.

113 Closing portion of road along Waikaka Stream
  • Whereas by Proclamation published in the Gazette of the twenty-second day of February, nineteen hundred and seventeen, certain portions of Section 2, Block XV, Aria Survey District, Taranaki Land District, therein described, were taken for the purpose of a road: And whereas by Proclamation published in Gazette of the twenty-second day of March, nineteen hundred and seventeen, portion of a road intersecting the said section as described in subsection five hereof was closed: And whereas it is desirable that a portion of a river-bank road adjoining the said section be closed, and that the land comprised therein, together with the portion of closed road hereinbefore mentioned, be granted to the lessee of the said section in exchange for the road taken as aforesaid: Be it therefore enacted as follows:—

    (1) Notwithstanding anything in section one hundred and thirty of the Public Works Act 1908, the road described in subsection four hereof is hereby closed.

    (2) The Land Board for the Taranaki Land District is hereby authorized to include the land described in subsections four and five hereof in the lease in perpetuity of the said Section 2, Block XV, Aria Survey District.

    (3) The District Land Registrar is hereby empowered and directed upon receipt of a certificate signed by the Chairman of the said Land Board to endorse upon the lease a memorial setting forth the inclusion of the said land in the said lease in perpetuity, together with such alteration in rent (if any) as the said certificate may prescribe.

    (4) The portion of river-bank road to which this section relates is more particularly described as follows:—

    All that area in the Taranaki Land District, containing by admeasurement one acre one rood and thirty-eight perches, more or less, lying between Section 2 of Block XV, Aria Survey District, and the present Waikaka Road and adjacent thereto: bounded on the east generally by the present Waikaka Road, 1804.6 links; and on the west generally by Section 2 of Block XV, Aria Survey District, 1760.9 links: as the area is delineated on the plan No PWD 41230, deposited in the office of the Public Works Department, at Wellington, and thereon coloured green.

    (5) The portion of closed road to which this section relates is particularly described as follows:—

    All that area in the Taranaki Land District, containing by admeasurement three roods and twelve decimal four perches, more or less, being portion of a closed road intersecting Section 2, Block XV, Aria Survey District, and being the land described in the Schedule to a Proclamation dated the twelfth day of March, nineteen hundred and seventeen, and published in Gazette of twenty-second day of March, nineteen hundred and seventeen, at page 1007.

114 Validation of payments of interest by Te Ngutu-o-te-Manu Domain Board
  • The payments heretofore made by the Te Ngutu-o-te-Manu Domain Board as interest on moneys owing under a contract for the erection of a cottage on the domain under the control of that Board are hereby validated.

115 Authorizing issue of certificate of title to Wanganui Education Board in respect of school-site at Upper Tutaenui
  • Whereas the land hereinafter described was by deed, recorded in the Deeds Registry Office at Wellington, in Volume 15, folio 369, as conveyance No 8512, conveyed to the Superintendent of the Province of Wellington and other trustees, in trust as a site for a school and school-teacher's residence: And whereas the said land has not been brought under the Land Transfer Act, and it is desirable that a title to the said land should be acquired by the Education Board of the District of Wanganui, as the successor of the said trustees: Be it therefore enacted as follows:—

    The Governor-General may, by Warrant under his hand, authorize the issue of a certificate of title in favour of the Education Board of the District of Wanganui in respect of the land comprised in the hereinbefore-recited conveyance No 8512, as a site for a public school.

116 Restoring to Greymouth Harbour Board and Westport Harbour Board certain powers of administration with respect to railways constructed by those Boards respectively
  • For the purposes of the working and management of any railways and sidings constructed by the Greymouth Harbour Board pursuant to section seven of the Railways Authorization Act 1885, the said Board shall respectively have and may exercise all the powers and authorities which by the Public Works Act 1981, are vested in or may be exercised by the Governor-General or the Minister of Public Works, as effectually as if all such powers and authorities had been set out in this section:

    Provided that where by the Public Works Act 1981, anything is required to be done by Proclamation or notice gazetted the same shall be done by a public notice within the meaning of the said Act.

    This section was amended, as from 28 October 1920, by section 9 Westport Harbour Act 1920 (1920 No 33) by repealing so much of that section that relates to the Westport Harbour Board.

    The Public Works Act 1908 (1908 No 160) was repealed, as from 6 October 1928, by section 346 Public Works Act 1928 (1928 No 21).

    That Act was in turn repealed, as from 1 February 1982, by section 248(1) Public Works Act 1981 (1981 No 35).

117 Changing purpose of Section 5, Block VII, Kongahu Survey District, Nelson Land District, from a gravel reserve to resting-place for travelling stock
  • The reservation for gravel purpose over Section 5, Block VII, Kongahu Survey District, in the Nelson Land District, containing five acres, more or less, is hereby cancelled, and the said land is hereby reserved for the purposes of travelling stock.

118 Otago University Reserves Act 1904, amended
  • (1) The revenue received after the passing of this Act from the endowment reserves administered by the Land Board pursuant to section two of the Otago University Reserves Act 1904, shall, after deducting two and one-half per centum thereof for administration (which deduction shall be paid into the Consolidated Account), and the moneys (if any) payable in respect of the reserves to the Land for Settlements Account pursuant to section sixty-three of the Land Laws Amendment Act 1913, be paid by the Receiver of Land Revenue to the Council of the University of Otago on the first days of January, April, July, and October in each year.

    (2) The amount by which the rent received from the said endowment reserves (less two and one-half per centum thereof), for the period from the eighth day of November, nineteen hundred and four (being the date of the passing of the Otago University Reserves Act 1904), until the passing of this Act, exceeds the amount paid to the Council of the University of Otago in respect of rent for that period under the provisions of sections three and four of the said Act, together with the amount of the deduction in accordance with the said section three, shall, without further appropriation than this Act, be paid by the Minister of Finance to the said Council out of the Consolidated Account.

    (3) Sections three, four, and five, and the proviso to section six, of the Otago University Reserves Act 1904, are hereby repealed.

    The words Consolidated Revenue Account were substituted for the words Consolidated Fund, as from 22 October 1963, by section 4(4) Public Revenues Amendment Act 1963 (1963 No 46).

    The words Consolidated Account were substituted for the words Consolidated Revenue Account, as from 1 April 1978, by section 114(6) Public Finance Act 1977 (1977 No 65).

119 Authorizing the sale and removal of timber, &c, from lands acquired for any public work
  • [Repealed]

    Section 119 was repealed, as from 1 January 1929, by section 346 Public Works Act 1928 (1928 No 21).

120 Providing power for the Hutt County Council to supply water for domestic and other purposes
  • [Repealed]

    Section 120 was repealed, as from 9 October 1928, by section 17(3) Local Legislation Act 1928 (1928 No 48).

121 Continuing section 88 of Reserves and other Lands Disposal and Public Bodies Empowering Act 1916, in force till 31st December, 1918
122 Section 27, Reserves and other Lands Disposal and Public Bodies Empowering Act 1916, amended
  • No person shall sign any petition praying for the constitution of a road district under section twenty-seven of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1916, as the occupier within the meaning of the Rating Powers Act 1988, of any land within the area described in such petition while any hospital and charitable-aid rates due by him to the Valuer-General are unpaid and the total number of occupiers in any such area shall for the purposes of any such petition be deemed to be the number whose hospital and charitable-aid rates have been paid at the date on which the petition is purported to have been signed. This section shall be deemed to have been in force as from the commencement of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1916.

    The Rating Act 1908 (1908 No 163) was substituted, as from 1 October 1925, by a reference to the Rating Act 1925, pursuant to section 120 Rating Act 1925 (1925 No 30).

    That reference was in turn substituted, as from 1 April 1968, by a reference to the Rating Act 1967 pursuant to section 177(1) Rating Act 1967 (1967 No 123).

    That reference was in turn substituted, as from 28 June 1988, by a reference to the Rating Powers Act 1988 pursuant to section 209(1) Rating Powers Act 1988 (1988 No 97).

123 Authorizing the Auckland University College Council to borrow moneys for the erection or improvement of buildings
  • [Repealed]

    Section 123 was repealed, as from 1 January 1955, by section 39(1) Auckland University College Act 1954 (1954 No 74).

124 Authorizing the Council of the University of Otago to borrow moneys for the erection or improvement of buildings
  • The Council of the University of Otago (hereinafter called the Council) may, with the consent of the Minister of Education, from time to time raise any sum or sums of money for the purpose of erecting, adding to, improving, or furnishing any building or buildings required for the purposes of the Council or of the University of Otago; and the Council may for such purpose sell, mortgage, or charge any mortgages or securities held by it representing accumulations of income received by the Council; and in addition thereto may, with the consent of the Minister of Education, mortgage or charge for a sum or sums, not exceeding in the aggregate the sum of twenty thousand dollars, the rents and revenues of the Council derivable as well from its endowments and lands as from other sources.

    (2) No mortgagee or encumbrancer shall be required to see to the application by the Council of any of the moneys raised by it under this section.

    The words twenty thousand dollars were substituted, as from 10 July 1967, for the words ten thousand pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

125 Authorizing Hawera Borough Council to transfer certain land to Taranaki Education Board as site for technical high school
  • Whereas by notice dated the ninth day of September, eighteen hundred and seventy-six, and published in the Gazette of the fourteenth day of September, eighteen hundred and seventy-six, the land comprised in Section 36, in the Hawera Settlement, in the Patea District, containing twenty-eight acres three roods twenty-eight perches, more or less, was reserved for recreation purposes, and was subsequently granted as Section 36, Township of Hawera, to the Hawera Town Board, in trust for such purposes: And whereas it is desired to enable the Hawera Borough Council to convey or transfer portion of the said land to the Education Board of the District of Taranaki, as a site for a technical high school: Be it therefore enacted as follows:—

    The Hawera Borough Council is hereby authorized and empowered to convey or transfer to the Education Board of the District of Taranaki such portion of the land hereinbefore referred to as it thinks fit, not exceeding an area of five acres, to be held by the said Education Board in trust as a site for a technical high school:

    Provided that if the said Education Board has not within five years from the date of the conveyance or transfer erected on the said land a building or buildings for the purposes of a technical high school, to be approved for the purpose by the Minister of Education, the Hawera Borough Council may resume possession of the said land, and may require the said Education Board to reconvey or transfer the same to the Corporation of the Borough of Hawera. Upon such reconveyance or transfer the land shall be held in trust for recreation purposes:

    Provided also that until the land to be conveyed or transferred pursuant to this section is required by the Education Board aforesaid for the purposes of a site for a technical high school the Hawera Borough Council shall be entitled to the free use thereof.

126 Constitution of Tauranga Hospital District and Bay of Plenty Hospital District
  • [Repealed]

    Sections 126 and 127 were repealed, as from 1 January 1927, 156(1) Hospitals and Charitable Institutions Act 1926 (1926 No 18).

127 Horowhenua County added to the Palmerston North Hospital District
  • [Repealed]

    Sections 126 and 127 were repealed, as from 1 January 1927, 156(1) Hospitals and Charitable Institutions Act 1926 (1926 No 18).

128 Authorizing Thames Borough Council to borrow money and to repay to District Fund the amount expended for repairing flood damages
  • Whereas the Thames Borough Council, in the carrying-out of works and repairs necessitated by damage within the Borough of Thames caused by floods, has expended a considerable sum of money in excess of the amount available for that purpose, and requires to expend further sums to remedy and repair such damage: And whereas the Council has from time to time and for a considerable time past been required to expend considerable sums of money in the maintenance, repair, and reconstruction of aqueducts and other watercourses in the borough, damaged and worn away by mining and other debris brought into the creeks and watercourses by mining operations carried on beyond the borough: And whereas such sums already expended have been paid by the Council out of its District Fund Account, and stand to the debit thereof: And whereas the Council is desirous of capitalizing such expenditure, and of raising a special loan sufficient to refund to such District Fund Account the amount already so expended, and to provide the amount required to do such further work as may be necessary to remedy and repair such flood damage: And whereas the Council is desirous of obtaining all such authority as may be required for the raising of such loan as aforesaid: Be it therefore enacted as follows:—

    (1) The Thames Borough Council is hereby authorized and empowered to raise, under and subject to the provisions of the Local Bodies Loans Act 1913, a sum not exceeding twenty-eight thousand dollars, either without interest or at a rate of interest not exceeding five and a half per centum per annum, for such period as may be authorized by the Minister of Finance, and to secure the repayment of the said sum and interest (if any) by a special rate levied on the whole of the rateable property in the borough.

    (2) The amount so raised may be placed by the Council to the credit of the District Fund Account, and may be applied by it from time to time in the same manner as such account may by law be applied.

    (3) The powers of the Thames Borough Council to borrow money, either by way of overdraft or otherwise howsoever, shall not be in any way limited or affected by the provisions of this section or by the exercise of any of the powers herein conferred.

    The words twenty-eight thousand dollars were substituted, as from 10 July 1967, for the words fourteen thousand pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

129 Validation of river-protection works at Taumarunui
  • Whereas certain river-works have been undertaken by the Minister of Public Works for the purpose of protecting certain Native and other lands at Taumarunui from erosion by the Wanganui River: And whereas the cost of those works is being advanced by the Waikato-Maniapoto District Maori Land Board: And whereas it is desired to validate the undertaking of the works by the Minister of Public Works as aforesaid, and to authorize the completion of those works, and also to validate the payments made in respect thereof by the Waikato-Maniapoto Maori Land Board, and to authorize further advances in respect of the works aforesaid: Be it therefore enacted as follows:—

    (1) All works heretofore undertaken and performed by the Minister of Public Works, his servants and officers, in respect of river-protection works in the Wanganui River, for the protection of lands within the Borough of Taumarunui, or in the vicinity thereof, are hereby declared to have been validly undertaken, and may be completed by the said Minister in accordance with the scheme thereof.

    (2) All payments heretofore made by the Waikato-Maniapoto Maori Land Board as advances in respect of the cost of construction of the said works are hereby validated, and the said Board is hereby authorized to advance such further sums as may be required for the completion of those works.

    (3) The total cost of the said works shall be repayable by the owners and lessees of such of the lands within the Borough of Taumaranui and in such proportions as may be ascertained by the Commission authorized to be set up under subsection four hereof. Such total cost shall include interest at a rate of five percentum per annum as from the dates of advances by the Waikato-Maniapoto Maori Land Board.

    (4) On the recommendation of the Minister of Public Works the Governor-General may set up a Commission under the Commissions of Inquiry Act 1908 and such Commission shall have the following powers:—

    • (a) To ascertain what lands have benefited or will benefit from those works, and to what extent:

    • (b) To ascertain in what proportions the total cost of those works shall be repayable by the owners and lessees of the lands benefited, or which will benefit by those works:

    • (c) To recommend the period or periods within which the owners and lessees shall pay their proportions of such total cost.

    (5) No appeal shall lie from the findings and recommendation of the Commission.

    (6) The Minister of Public Works may act upon the findings and recommendation of the Commission, and may request the Taumaranui Borough Council in writing to levy the total cost of those works as a rate against such lands and in such proportions as may have been ascertained by the Commission, and thereupon the Taumaranui Borough Council shall levy such rate accordingly, and shall take steps to ensure the collection of the total rate within the period recommended by the Commission.

    (7) Upon such rate being levied as aforesaid the Taumaranui Borough Council shall from time to time pay over to the Waikato-Maniapoto Maori Land Board the sums received under such rate until such time as the said Board has been entirely recouped for all advances (with interest at five per centum per annum from dates of advances) made by it in respect of those works; and thereafter the Taumaranui Borough council shall pay the balance (if any) of such rate as requested in writing by the Minister of Public Works:

    Provided that nothing herein shall authorize the Taumaranui Borough Council to levy the rate against the Crown, but the Crown shall pay its proportion (if any) of the cost of those works in such manner as may be determined by the Minister of Public Works.

    Subsections (3) and (4) were substituted, and (5) to (7) inserted, as from 10 December 1918, by section 22 Reserves and other Lands Disposal and Public Bodies Empowering Act 1918 (1918 No 23).


Schedule 1

Section 5.

FIRSTLY, all that piece of land, situated in the Auckland Land District, containing by admeasurement 1 rood 17.53 perches, more or less, being the south-eastern corner of Section 98, Suburbs of Auckland: bounded—commencing at the south-eastern corner of said Section 98; towards the east by Government railway property; towards the north-west by other portion of said Section 98; and towards the south-west and south by the Auckland Domain to the point of commencement: as the same is shown coloured blue and marked A on a plan deposited in the Survey Office at Auckland as No 19633.

Secondly, all that piece of land, situated in the Auckland Land District, containing by admeasurement 1 rood 27.03 perches, more or less, being the south-western portion of Section 99, Suburbs of Auckland: bounded—commencing at the south-western corner of said Section 99; towards the north-west by Section 96, Suburbs of Auckland (known as Donaghy's Rope-walk); towards the north-east by other portion of said Section 99; towards the south-east generally by portion of Section 98, Suburbs of Auckland (Auckland Domain); and towards the south-west by the Auckland Domain to the point of commencement: as the same is shown coloured blue and marked B on said plan No 19633.

Schedule 2

Section 5.

FIRSTLY, all that piece or parcel of land, situated in the Auckland Land District, containing by admeasurement 2 roods 39.96 perches, more or less, being portion of Section 98, Suburbs of Auckland (Auckland Domain), and portion of the Auckland Domain: bounded—commencing at the most westerly point of the land firstly described in Schedule 1 hereto, marked A; towards the north-east generally by other portion of said Section 98; towards the north generally by portion of Section 99, Suburbs of Auckland; and towards the south-west and south-east by the Auckland Domain to the point of commencement: as the same is shown coloured red and marked C on said plan No 19633.

Secondly, all that piece or parcel of land, situated in the Auckland Land District, containing by admeasurement 4.6 perches, more or less, being portion of Section 98, Suburbs of Auckland (Auckland Domain): bounded—commencing at the most easterly point of the land comprised and described in Schedule 1 hereto, marked B; towards the north generally by Section 99, Suburbs of Auckland; and towards the south-east and south-west by other portion of said Section 98 (Auckland Domain) to the point of commencement: as the same is shown coloured red and marked D on said plan No 19633.

Schedule 3

Section 45.

MEMORANDUM of agreement made this sixth day of September, one thousand nine hundred and seventeen, between William Fraser, the Minister of Public Works, acting in the name and on behalf of His Majesty the King (hereinafter with his successors in office called the Minister), of the one part, and the Napier Harbour Board, a body incorporated under the Napier Harbour Board Act 1878 (hereinafter called the Board), of the other part: Whereas by agreement No 1 in the Schedule to the Port Ahuriri-Westshore Road and Railway Act 1914 (hereinafter referred to as the said agreement), the Board agreed to construct and maintain for a period of three months after final completion the works referred to therein: And whereas the said agreement was modified by section 38 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1915 (hereinafter referred to as the said section 38): And whereas it appears that the modification in the said section 38 (hereinafter referred to as the said modification) does not now meet with the approval of the Board, and it is desirable that the said modification be altered and the said agreement further modified: Now, therefore, this agreement witnesseth that the parties hereto have agreed together as follows:—

1
  • The Minister shall promote legislation with the view of providing that the embankment and approaches to be constructed by the Board as provided by subsection (1) of the said section 38 shall commence at the north-western side of the road-formation on the Napier-Taradale Road shown on the plan marked PWD 37924A, and that the portion of the work between the said north-western side of the road-formation on the Napier-Taradale Road and Faraday Street as shown on the said plan shall be constructed by the Minister.

2
  • The Minister shall also promote legislation with the view of modifying subsection (2) of the said section 38 so that it shall provide that the work to be constructed and paid for by the Board shall commence at the north-western side of the road-formation on the Napier-Taradale Road shown on the plan marked PWD 37924A, instead of at the points marked A and D respectively on the said plan, and that the cost of land required for the lines shall not be borne by the Board.

3
  • The Board shall erect at its own expense a stop-bank on the eastern side of the new channel of the Tutaekuri River from the railway-bank when constructed at the Napier-Taradale Road to the junction of Kennedy Street with George's Drive, or such point in vicinity thereof as may be decided on by the Engineer-in-Chief of the Public Works Department.

4
  • In lieu of monetary compensation payable to the Board by the Minister for any portion of its land not being more than one chain in width which may be required for or occupied by the new lines of railway between the points A-B and D-C as shown on the plan marked PWD 37924A, the Minister shall take the necessary steps to enable a title in favour of the Board to be issued for the land contained in those portions of the Napier to the Spit Railway Reserve between Wellesley Road and the deviation of the said Napier to Spit Railway as shown on the said plan which adjoin the property of the Board, and the Board shall accept a title to such pieces of land in full and final settlement of all or any claims which it may have in respect of or arising out of the taking of any portions of its said land for the new lines of railway shown on the said plan or the construction of such new lines of railway.

5
  • The Board hereby indemnifies His Majesty and the Minister against all claims for compensation under the provisions of the Public Works Act 1981, and all other actions, claims, demands, and damages, and all costs in connection therewith, which may at any time or from time to time arise out of or in connection with the flooding of properties to the north-east and east of the new channel of the Tutaekuri River in consequence of the construction or the insufficiency or failure of the new channel of the said river, or of any part of the embankment adjacent thereto, or of the works to be constructed for the purpose of carrying the road or railway, or both.

    The Public Works Act 1908 (1908 No 160) was repealed, as from 6 October 1928, by section 346 Public Works Act 1928 (1928 No 21).

    That Act was in turn repealed, as from 1 February 1982, by section 248(1) Public Works Act 1981 (1981 No 35).

6
  • The Board shall be the only person against whom claims in connection with or arising out of such flooding of properties can be brought for such costs, claims, demands, or damages, or compensation.

7
  • The Board undertakes to pay to His Majesty the King full compensation for all damage that may at any time or from time to time be caused directly or indirectly to any portion or portions of the sections of railway hereinafter mentioned in consequence of the construction by the Board of the new channel of the Tutaekuri River, or of any embankment adjacent thereto, or of the insufficiency or failure of such channel or embankment: the said sections of railway being those portions lying between the points A to B and between D to C, as the said railway and points are shown on plan marked PWD 37924A, deposited in the office of the Minister at Wellington, and referred to in the said section 38.

8
  • It is agreed that these presents shall not be binding on the parties until validated by legislation, but shall be treated as being terms agreed upon as the basis for legislation, and legislation shall be introduced for the purpose of giving effect to the terms herein contained.

In witness whereof the parties hereto have executed these presents the day and year first hereinbefore written.

Signed by the said William Fraser, the Minister of Public Works, on behalf of His Majesty the King, in the presence of—WM FRASER.
JH McAlister, Civil Servant, Wellington. 
The common seal of the Napier Harbour Board was hereunto affixed in the presence of—NAPIER HARBOUR BOARD. (Constituted AD 1875.)
AE Jull, Chairman, 
Jno St Anne, Secretary and Treasurer, Napier Harbour Board. 

Schedule 4

Section 53.

AN agreement made this eighteenth day of August, one thousand nine hundred and seventeen, between the Minister of Railways in the Dominion of New Zealand (hereinafter called the Minister) of the first part; John Duncan, of Wellington City, merchant, William Barton, of Featherston, sheep-farmer, and William Harold Sefton Moorhouse, of Wellington, solicitor (hereinafter with their and the survivor of them, his, or her executors, administrators, and assigns called the trustees) of the second part; and the Mayor, Councillors, and Citizens of the City of Wellington, a Municipal Corporation constituted under the Municipal Corporations Act 1908 (hereinafter called the Corporation) of the third part:

  • Preamble

    Whereas the two pieces of land edged red on the plan marked WR 24789, deposited in the office of the Minister of Railways at Wellington, and indicated on such plan as Tunnels Nos 3 and 4, are vested in His Majesty the King for railway purposes, subject to certain rights of the trustees to the surface of such lands and to the land under the surface for a depth of six feet from the surface: And whereas it is proposed to have legal street access to Section 31 of 3, Kaiwarra, being the property of the Crown, over and across the said Tunnel No 4 and other land belonging to the trustees, and to define more accurately the rights of His Majesty the King and the trustees in and to the said land edged red:

    Now, this deed witnesseth as follows:—

1
  • The piece of land described in the first schedule hereto shall vest in the Corporation for the purposes of a street, and shall be constructed by the trustees to the satisfaction of the Wellington City Council as a street to a point distant 140 links from the boundary of Section 31 of 3, Kaiwarra, aforesaid.

2
  • The land described in the second schedule hereto shall vest in His Majesty the King for railway purposes.

3
  • The land herein described as Tunnels Nos 3 and 4 are the lands defined in the third schedule hereto.

4
  • That piece of land, containing eighteen perches and hatched burnt sienna, being that part of the land shown on said deposited plan as part of William Street, being part of the said Tunnel No 4, shall vest in the King and the Corporation as follows:

    • (a) The surface of the said land, together with such portion of the soil as lies above a plane parallel to and distant forty feet above the railway-lines, shall vest in the Corporation as a street, and the Corporation shall have no right or title to any of the soil below the said plane, anything to the contrary in the Municipal Corporations Act 1908, notwithstanding, and shall be constructed by the trustees as street to the satisfaction of the Wellington City Council.

    • (b) The balance of such land below the said plane shall remain vested in the King for railway purposes.

    • (c) With regard to the balance of the land shown as No 4 Tunnel and the whole of the land shown as No 3 Tunnel, the surface and the soil underneath the surface to a plane parallel to and distant forty feet above the railway-lines shall vest in the trustees, and the remainder of such lands below the said plane shall remain vested in the King for railway purposes.

First Schedule

All that parcel of land containing seventeen decimal two perches, more or less, shown coloured blue on plan WR 24789.

Second Schedule

All that parcel of land containing twenty-two decimal four perches, more or less, shown coloured green on plan WR 24789.

Third Schedule

All those parcels of land described as Tunnels Nos 3 and 4, and being more particularly shown edged red on plan WR 24789.

The common seal of the Mayor, Councillors, and Citizens of the City of Wellington was hereto affixed at the offices of and pursuant to a resolution of the City Council in the presence of—

JOHN P LUKE, Mayor.

MARTIN LUCKIE, Councillor.

JNO R PALMER, Town Clerk.

Signed by the said John Duncan and William Harold Sefton Moorhouse in the presence of—JOHN DUNCAN. WH SEFTON MOORHOUSE.
OS Watkins, Accountant, Wellington. 
Signed by the said William Barton in the presence of—WILLIAM BARTON.
PH Johnson, Sheep-farmer, Springfield. 
Signed on behalf of His Majesty the King by William Herbert Herries, the Minister of Railways for the Dominion of New Zealand, in the presence of—WILLIAM HERBERT HERRIES.
W Crow, Private Secretary, Wellington. 

Schedule 5

Section 61.

THIS deed is made the 28th day of March, 1917, between the Mayor, Councillors, and Citizens of the City of Wellington (hereinafter termed the Corporation) of the first part, the Wellington Harbour Board (hereinafter termed the Board) of the second part, the Wellington Patent Slip Company (Limited), (hereinafter termed the Slip Company), of the third part, and Union Steamship Company of New Zealand (Limited), (hereinafter termed the new Union Company), of the fourth part.

  • Preamble

    Whereas, pursuant to the provisions of several Acts of the General Assembly of New Zealand and of the Provincial Council of the Province of Wellington, and by virtue of Crown grant, Volume 20, folio 127, and certificate of title, Volume 21, folio 287, the Slip Company is seised and possessed of certain lands in the Evans Bay district and in the bed of Wellington Harbour: And whereas the Slip Company has erected a patent slip upon part of the said land, and works appurtenant thereto, and plant in connection therewith, and has for many years carried on on the said land repairing and other work incidental to the patent slip: And whereas the new Union Company is the holder of a large number of shares in the Slip Company: And whereas by virtue of a deed dated the 23rd day of July, 1878, made between the Slip Company of the first part and Her late Majesty Queen Victoria of the other part, registered in the Deeds Registry Office as No 38914, and of the provisions of the said certificate of title, Volume 21, folio 287, it is provided that the Slip Company may resume the strip of land over which right of way was thereby granted (hereinafter called the said roadway) upon constructing a practicable road not less in width than the said original roadway, with a gradient not exceeding 1 in 15, along the line of hills at the back of the present engine-house; and by the said deed it is further provided that if at any time by the erection of the existing patent slip the rights of road granted by the said deed dated the 23rd day of July, 1878, are so materially obstructed or impeded as to make it necessary that another road in lieu thereof should be substituted, and Her Majesty, her heirs, successors, or assigns, and the Governor, shall, by notice in writing left at the office of the company, its successors or assigns, or at the last known place of residence of such assigns or any of them, or served personally upon them or any of them, require the company, its successors or assigns, to make and construct another practicable road, then the company, its successors or assigns, will with all reasonable diligence after such notice, at its and their own expense, make and construct such practicable road as before mentioned: Provided always that before such notice shall be given a certificate under the hand of the Chief Engineer of the Borough of the City of Wellington and a Justice of the Peace shall first be obtained that they have made due inquiry and that they consider that such obstruction as aforesaid is occasioned and that another practicable road should be made and completed, and such certificate shall be conclusive authority for the giving of such notice as aforesaid: And whereas the said roadway is now within the City of Wellington, but is subject to the rights of resumption by the Slip Company created by the said deed dated the 23rd day of July, 1878, and the Corporation has requested His Excellency the Governor to set up a Commission under the Commissions of Inquiry Act 1908, to inquire whether, for the reasons set forth in the said deed dated the 23rd day of July, 1878, it is necessary that another road in lieu of the said roadway should be constructed: And whereas His Excellency has been pleased to appoint William Glendinning Riddell, Esquire, of the City of Wellington, Stipendiary Magistrate, and William James Roche, Esquire, of Lower Hutt Borough, Borough Engineer, to be a Commission to inquire whether it is necessary to construct such new road: And whereas by an agreement dated the 21st day of July, 1908, made between the Slip Company of the one part and the Board of the other part (which deed was ratified by the Wellington Harbour Board Empowering Act 1908), it was agreed, inter alia, that the company might at any time, and should if required by the Board after the 30th day of September, 1912, erect a second and smaller slip upon the said lands for the special convenience of the smaller vessels, and that such second slip should be erected and constructed in such manner as should be agreed between the Board and the Slip Company: And whereas the Union Steamship Company of New Zealand (Limited), (hereinafter termed the old Union Company), was entitled to claim the benefit of the rights conferred upon the Slip Company under the said deed dated the 21st day of July, 1908, and was bound by and was compelled in all respects to observe and perform the covenants, obligations, and duties by the said deed undertaken by the Slip Company, and that the same might be enforced against the old Union Company as well as against the Slip Company: And whereas in the year 1913 the old Union Company went into liquidation and was reconstructed as the new Union Company: And whereas the parties hereto have agreed that it is probable that at some future date, owing to necessary works that may be carried out in the neighbourhood, it may be possible to construct a new road behind the existing slip on the level of the present road, and that in such case it would not be expedient to construct a road on the hill behind the present slip: And whereas it is deemed advisable, in order to remove possible doubts as to the rights of the parties, to obtain legislation for the purposes hereinafter mentioned: Now, this deed witnesseth, and it is hereby agreed and declared by and between the parties hereto, as follows:—

1
  • The Slip Company shall have the right to construct the said second and smaller slip, but the cradle shall be constructed clear of the new roadway to be laid out as hereinafter provided.

2
  • The Slip Company shall construct the new slipway so that where it crosses the said new roadway it shall be nearly as possible on a level therewith.

3
  • The Slip Company shall remove the blacksmith's shop so far as it encroaches on the said new roadway.

4
  • (1.) The Corporation shall at its own expense construct so much of the said new roadway as lies to the north-east of the existing slip.

    (2.) The Corporation shall at the expense of the Slip Company construct the remaining portion of the said new roadway, and such last-mentioned expense shall as between the Slip Company the new Union Company and the Board be deemed to be part of the cost of the new slip and an improvement within the meaning of clause 5 of the said agreement of the 21st day of July, 1908.

    (3.) The said new roadway shall be graded as far as possible in conformity with the level of the existing slipway and so as not in any way to diminish the present facilities of the Slip Company in connection with the use of the existing slip and the general operations of the company.

5
  • The Slip Company shall provide adequate protection for the sewers, water-mains, and air-mains of the Corporation over which the new slip is to be constructed.

6
  • (1.) For the existing roadway there shall be substituted a new roadway 100 links wide immediately seaward of the inner red line shown approximately on the sketch hereto annexed.

    (2.) So much of the existing roadway as lies to the landward of such inner red line shall vest in the Slip Company free from all rights of the public under the said deed of the 23rd day of July, 1878.

    (3.) The portion of the said new roadway to be formed shall be the part thereof 50 links in width between the red lines approximately indicated on the said sketch.

7
  • If the Corporation shall hereafter form the remaining portion of the said new roadway it shall so form and construct the same as not in any way to diminish the present facilities of the Slip Company in connection with the use of either of the said slips or the general operations of the company.

8
  • Notwithstanding the revesting in the Slip Company of any part of the now existing roadway, or of the whole or any part of the new roadway, the rights of the Corporation in respect of the said sewers, water-mains, and air-mains shall remain unimpaired.

9
  • The parties hereto will join in endeavouring to obtain legislative authority for the following purposes:—

    (1.) To obtain authority to construct the slipway of the second slip over the said new roadway.

    (2.) To provide that the Corporation shall be liable only for its own acts of negligence and those of its officers, servants, and agents in connection with the said new roadway and the slipway constructed or to be constructed thereon.

    (3.) To provide that the new Union Company shall have the same rights and obligations under the said deed dated the 21st day of July, 1908, the Wellington Harbour Board Empowering Act 1908, and this deed as the Slip Company has.

    (4.) To provide that the rights of the company to construct or of His Majesty and the Governor to require the construction of a new road in lieu of the now existing roadway under the provisions of the said deed dated the 23rd day of July, 1878, shall be deemed to be reserved and to continue in existence, and that the said deed shall be read and construed as if the roadway therein referred to were the said new roadway: Provided that before requiring the new road to be constructed the Governor shall appoint a Commission under the Commissions of Inquiry Act 1908, to inquire whether such new road is necessary.

    (5.) To provide that if another road shall be constructed in lieu of the said new roadway the said new roadway shall be closed and vested in the company free from all rights of the public.

    (6.) To give effect to the provisions of paragraphs 6, 7, and 8 of this agreement and the provisions of this agreement generally.

In witness whereof these presents have been executed by or on behalf of the parties hereto the day and year first before written.

The common seal of the Mayor, Councillors, and Citizens of the City of Wellington was hereto affixed at the offices of and pursuant to a resolution of the City Council in the presence of—

 JOHN P LUKE,Mayor.
[LS]JOHN HUTCHESON,Councillor.
 JNO R PALMER,Town Clerk.

The common seal of the Wellington Harbour Board was hereunto affixed by order of the said Board in the presence of—

 CHAS E DANIELL,Chairman.
[LS]CW JONES,Members.
 HUBERT L NATHAN, 
 HE NICHOLLS,Secretary.

The common seal of the Wellington Patent Slip Company (Limited) was hereunto affixed pursuant to a resolution of the board of directors of the said company in the presence of—

 H BEAUCHAMP,Directors.
[LS]A E PEARCE, 
 HEH APLIN,Secretary.

The common seal of the Union Steamship Company of New Zealand (Limited) was hereto affixed in the presence of—

 JOHN ROBERTS,Directors.
[LS]C W RATTRAY, 
 A WHEELER,Acting-Secretary.