Reserves and other Lands Disposal and Public Bodies Empowering Act 1920

Reserves and other Lands Disposal and Public Bodies Empowering Act 1920

Public Act1920 No 75
Date of assent11 November 1920

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 1920.

2 Resumption of Section 27, Block X, Waipoua Survey District, for forestry purposes revoked, and a lease in perpetuity revived
  • Whereas by Proclamation published in the Gazette of the twenty-eighth day of January, nineteen hundred and nineteen, Section 27, Block X, Waipoua Survey District, containing three hundred and eighty-six acres, was resumed for forestry purposes under section one hundred and forty-four of the Land Act 1908: And whereas the said land immediately prior to resumption was held by Robert Mattocks under a lease in perpetuity, registered in Volume 124, folio 224, Auckland Land Registry Office as No 1722: And whereas the said land is not now required for forestry purposes, and it is deemed expedient to revoke the said Proclamation and to revive the aforesaid lease in perpetuity: Be it therefore enacted as follows:—

    (1) The aforesaid Proclamation is hereby revoked.

    (2) The aforesaid lease in perpetuity and all mortgages and encumbrances (if any) affecting the same are hereby revived, and shall be deemed to have continued to operate as if the land comprised in the said lease had not been resumed as aforesaid.

    (3) The District Land Registrar for the Auckland Land Registration District, on being requested to so do by the Commissioner of Crown Lands for the North Auckland Land District, shall make such entries in the Register as are necessary to give effect to the provisions of this section.

    (4) The North Auckland Land Board may, with the consent of the Minister of Lands, remit the payment of any portion of the rent payable under the said lease in respect of the period during which the lessee has been out of possession since the date of the resumption as aforesaid.

3 Certain land in North Auckland Land District reserved as a site for a post-office
  • Whereas by notice published in the Gazette of the thirtieth day of January, eighteen hundred and ninety, Section 162, in the Village of Pahi, in the North Auckland Land District, containing one acre one rood thirty perches, was permanently reserved as a landing-place: And whereas it is desired to reserve as a site for a post-office that part of the said land hereinafter described: Be it therefore enacted as follows:—

    (1) The reservation for the purpose of a landing-place over the land hereinafter described is hereby cancelled, and the said land is hereby reserved as a site for a post-office.

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

    All that area in the North Auckland Land District, being Section 161, Village of Pahi, situated in Block III, Hukatere Survey District, containing by admeasurement nineteen and four-fifths perches, more or less: bounded towards the north, east, south, and west by a landing-place reserve, Section 162, Village of Pahi, 83.7 links, 122 links, 97.2 links, and 171.4 links respectively: be all the aforesaid linkages more or less: as the same is more particularly delineated on plan marked L and S 6/3/167, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

4 Hen and Chicken Islands reserved for scenic purposes
  • Whereas by a notice published in the Gazette of the twentieth day of September, eighteen hundred and eighty-three, the islands hereinafter described were permanently reserved for lighthouse purposes: And whereas it is desirable that the reservation over the said islands should be cancelled, and that the said islands should be reserved for scenic purposes: Be it therefore enacted as follows:—

    (1) The reservation for lighthouse purposes over the islands hereinafter described is hereby cancelled, and the said islands are hereby declared to be reserved for scenic purposes, subject to the provisions of the Reserves Act 1977.

    (2) The reservation for scenic purposes shall be subject to any right or powers with regard to lighthouses now vested by any enactment in the Minister of Marine, with the exception of the powers given by paragraphs (f) and (g) of section two hundred and eighty-five of the Shipping and Seamen Act 1908.

    (3) The islands to which this section relates are all those islands situated to the east of Bream Bay, in the Tasman Sea, and known as Marotiri or Chicken Islands and Taranga or Hen Island.

    A reference to the Reserves and Domains Act 1953 was substituted, as from 1 April 1954, for a reference to the Scenery Preservation Act 1908 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).

5 Cancelling setting apart for national endowment of certain lands in North Auckland Land District, and setting apart other lands
  • Whereas the land described in subsection three hereof was set aside as part of the national endowment: And whereas it is desirable to add the said land to other land for the purpose of disposal under the Land for Settlements Act 1908: And whereas it is desired to set apart other Crown land as national-endowment land in lieu of the national-endowment land hereinbefore referred to: Be it therefore enacted as follows:—

    (1) The setting-apart for the purpose of the national endowment of the land described in subsection three hereof is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land for Settlements Act 1908.

    (2) The Crown land described in subsection four hereof (being land of approximately equal value to the land described in subsection three hereof) is hereby set apart as national-endowment land in lieu of the national-endowment land aforesaid.

    (3) The land in respect of which the setting-apart for national-endowment purposes is cancelled as aforesaid is particularly described as follows:—

    All that area in the North Auckland Land District, containing by admeasurement two thousand five hundred and sixty acres, more or less, situate in Blocks XIII and XIV, Tokatoka Survey District, and bounded as follows: Commencing at the north-western corner of Section 6S, Koremoa Settlement, and bounded towards the east generally by that section and Sections 7S, 8S, 9S, the north-eastern portion of Section 10S, and the north-western portion of Section 11S, all of Koremoa Settlement, to and across a public road, and again by the north-western portion of Section 11S of the aforesaid settlement to and across a public road, by Allotment 30, Parish of Tatarariki, to and across a public road, by Allotments 31 and 32 of the aforesaid parish to and across a public road; and again by the last-named allotment and Allotment 33 of the said parish, by Section 1, Block XIV, Tokatoka Survey District, across a public road, and again by the said Section 1 to and by a public road to the south-eastern corner of Section 7, Tatarariki Parish; thence towards the south generally by the Tikinui Road to and across a public road; again by the Tikinui Road to the eastern boundary of Allotment 118 of the aforesaid parish; thence towards the west and north generally by the last-named allotment to and by a public road to the point of commencement: as the same is delineated on the plan marked L and S 21/215A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

    (4) The land hereby set apart as part of the national endowment is particularly described as follows:—

    All that area in the North Auckland Land District, containing three thousand and sixty acres, more or less, situated in Blocks VI, VIII, and X, Te Kuri Survey District, and bounded as follows: Commencing at the south-eastern corner of Allotment 5, Parish of Te Kuri—bounded towards the north by a right line, 12100 links, to the north-western corner of an area of one thousand eight hundred and ninety-six acres set apart as part of the national endowment by Proclamation published in the New Zealand Gazette No 59, of the twentieth day of July, nineteen hundred and eleven; thence towards the east by a right line, 25000 links, being the western boundary of the said area, to a point on the north-western boundary of the Papakainga Block which would intersect the Te Huri - Hukatere Survey District line; thence towards the south by aforementioned block and the Pouto No 2 Nos 1 and 2 Blocks and the Pouto No 2E No 1B Block to the Muarangi Trigonometrical Station; thence towards the west by a right line, 30000 links, to the point of commencement: be all the aforesaid linkages more or less: as the same is delineated on the plan marked L and S 21/215B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

    (5) This section shall be deemed to have come into force on the third day of May, nineteen hundred and twenty.

6 Authorizing sale of public hall in Waipu, North Auckland Land District, and payment of proceeds to trustees of Waipu Coronation Hall
  • Whereas the land hereinafter described was, by a deed of conveyance registered in the Deeds Registry Office at Auckland as No 223759, vested in John Campbell McKay, Angus McLennan, and John Alexander Finlayson (now deceased) upon trust as a site for a building or buildings to be used as a public hall for the residents of Waipu: And whereas a new hall having been erected by the residents of Waipu on a more central site the trustees and residents desire that the said land and the buildings thereon should be sold: Be it therefore enacted as follows:—

    (1) The surviving trustees are hereby empowered to sell the land hereinafter described and the buildings thereon and to pay the proceeds of such sale to the trustees of the Waipu Coronation Hall for the upkeep of such hall.

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

    All that piece or parcel of land in New Zealand being part of Allotment 4 of the Parish of Waipu in the County of Marsden, and being portion of a parcel of land containing three acres one rood fourteen perches conveyed to one Kenneth McDonald by deed registered as aforesaid as No 96458: bounded on the south-east by a road laid out through part of the said Allotment 4, forty feet; on the south-west by other part of said portion of Allotment 4 in a line at right angles with the said road, sixty feet; on the north-west by other part of said portion of said Allotment 4 in a line parallel with the south-eastern boundary-line of the said land, forty feet; and on the north-east by other part of said portion of Allotment 4 in a line parallel with the south-west boundary-line of the said land, sixty feet: being the land comprised in a certain conveyance registered as aforesaid as No 9860B.

7 Vesting certain land in Corporation of County of Waitemata
  • Whereas by conveyance dated the fifth day of March, eighteen hundred and ninety-five, an area of thirty-four perches situated in the Parish of Waikomiti and being Lot 1 of the subdivision into lots of an allotment granted to one John Russell by deed of grant dated the twenty-ninth day of December, eighteen hundred and fifty-three, and registered in the Deeds Registry Office at Auckland as No 20719, was conveyed to Her Majesty the Queen: And whereas the said area should have been conveyed to the Corporation of the Waitemata County which arranged for the purchase thereof for purposes of road-construction, and paid the purchase-money in respect thereof: And whereas the area of the said parcel of land, now known as Lot 1 of Section 256, in the Parish of Waikomiti, has been found by survey after laying off the road known as Todd's Avenue to be one rood one perch: And whereas it is desirable to vest the said land in the Corporation of the County of Waitemata and to allow the Waitemata County Council to transfer the same to the New Lynn Town Board: Be it therefore enacted as follows:—

    (1) Lot 1 of Section 256, Parish of Waikomiti, containing one rood one perch, is hereby vested in the Corporation of the County of Waitemata, and the District Land Registrar of the Land Registration District of Auckland is hereby empowered and directed, subject to a Warrant in that behalf under the hand of the Governor-General, to issue to the said Corporation a certificate of title in respect of the said land.

    (2) The Waitemata County Council is hereby empowered to transfer the said land to the New Lynn Town Board upon such terms and conditions as may be agreed upon between the said Council and the said Town Board.

8 Authorizing acceptance of surrender of lease of Sections 28 and 76, Parish of Paremoremo, and disposal of certain parts thereof
  • Whereas on the twenty-third day of October, nineteen hundred and fourteen, parts of Sections 28 and 76, in Parish of Paremoremo, containing ninety-seven acres two roods, more or less, became Crown land by virtue of the operations of section seventy-six of the Public Trust Office Act 1908: And whereas such land is subject to a lease issued to the Waitemata County Council under section six of the Unclaimed Lands Act 1894, and to a sublease from the said Council to William Hooton, who has further subleased portions of the said land to Thomas Ingham and Wilhelm Kronstrom: And whereas the said County Council and the said sublessees have agreed to surrender their existing rights under the aforesaid lease and subleases, subject to the condition that certain areas shall be granted to them on certain conditions: And whereas it is desirable to enter into arrangements for the surrender of the said lease and subleases, subject to the provisions hereinafter set forth: Be it therefore enacted as follows:—

    (1) On surrender of the said lease by the Waitemata County Council (which surrender the Governor-General is hereby empowered to accept), and on the surrender and acceptance of the surrender of the several subleases hereinbefore recited, the Governor-General may, by Warrant under his hand, authorize the issue of certificates of title in respect of the lands referred to in paragraphs (a) and (b) hereof to the parties and on the terms and conditions therein mentioned:—

    • (a) To the Waitemata County Council, all that portion of the said Section 28, being Lot 3 thereof, containing two acres, as a free grant in consideration of the surrender of the Council's rights under the lease above referred to:

    • (b) To William Hooton, of Albany, farmer, all that portion of the said Section 28, being Lot 2 thereof, containing thirty-four acres one rood eight perches, as a free grant in full settlement of all claims for compensation for the termination of his sublease and for improvements effected by him on parts of Sections 28 and 76, other than Lot 2.

    (2) On the surrender of their subleases by the aforesaid Thomas Ingham and Wilhelm Kronstrom, and on the acceptance of such surrender, the Land Board of the North Auckland Land District is hereby empowered to sell or lease the lands hereinafter described on such tenure under the Land Act 1908, as may be agreed upon with each of the aforesaid sublessees, at such prices as may be fixed by the Valuer-General, with the approval of the Minister of Lands, and in the manner hereinafter prescribed—

    • (a) To Thomas Ingham, of Albany, settler, all that portion of the said Section 28, being Lot 5 thereof, containing ten acres two roods twenty-four perches:

    • (b) To Wilhelm Kronstrom, of Albany, settler, all that portion of the said Section 76, being Lot 6 thereof, containing twelve acres two roods twenty-four perches.

    (3) The areas to which this section relates are particularly delineated on the plan marked L and S 22/1479, deposited in the Head Office of the Lands and Survey Department, at Wellington.

9 Authorizing Avondale Road Board to acquire land for a quarry
  • (1) The Avondale Road Board is hereby authorized to acquire by purchase for cash, or upon such terms as the Board may think fit, the land hereinafter described at a price not exceeding three thousand one hundred dollars, to hold the same for the purposes of a stone-quarry and other purposes in connection therewith, and any preliminary or provisional agreement for the purchase of such interest is hereby validated.

    (2) The acquisition, working, and development of the said land shall be deemed to be a public work which the said Road Board as local authority of the said district is empowered to undertake. The said Board may raise a special loan under the provisions of the Local Bodies Loans Act 1913, for payment of the purchase-money therefore and expenses of transfer or the repayment of any overdraft incurred for the purpose of paying such purchase-money or expenses.

    (3) The said Board shall have full power to quarry and work stone or metal, kerbs, pitchers, and sets on the said land either by its own workmen or by contract for use in connection with works in its said district, and also shall have power from time to time to sell or dispose of to, or allow to be worked and removed by, other local authorities or contractors such surplus stone, metal, kerbs, pitchers, sets, and waste or gravel as the Board shall deem expedient and not required for the immediate needs of the said district, and upon such terms and conditions as to price or royalty as the Board thinks fit.

    (4) The said Board may from time to time let or lease for any period not exceeding three years for agricultural, grazing, or market-garden purposes such part of the said land as shall not from time to time be required for the purposes of quarrying upon such terms and at such rent as it may deem expedient.

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

    All that piece of land, containing three acres three roods twenty-seven perches, more or less, being the western part of Allotment 58, Parish of Titirangi, and part of the land in certificate of title, Volume 31, folio 176, Auckland Registry; as the same is delineated on a plan marked L and S 6/5/77, and deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

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

10 Modification of conditions governing use of Auckland Domain for the purpose of Davis Cup lawn tennis competitions
  • [Repealed]

    Section 10 was repealed, as from 16 December 1987, by section 15 Auckland Domain Act 1987 (1987 No 7(L)).

11 Rates in portion of City of Auckland formerly Borough of Grey Lynn may be levied upon annual value
  • Whereas by an agreement dated the thirty-first day of July, nineteen hundred and fourteen, made between the Corporation of the City of Auckland of the one part and the Corporation of the Borough of Grey Lynn of the other part, it was agreed, pursuant to section twenty-nine of the Rating Amendment Act 1910 [Repealed], as amended by section seven of the Rating Amendment Act 1913 [Repealed], upon the union of the Borough of Grey Lynn with the City of Auckland that the system of rating on the unimproved value should continue and remain in force in the area formerly comprising the Borough of Grey Lynn only until the first day of July, nineteen hundred and twenty-one: And whereas the rating-year for the City of Auckland begins on the first day of June in each year, and it is desirable that the whole of the said city, including the said Grey Lynn area, should be rated on the annual value for the year commencing on the first day of June, nineteen hundred and twenty-one: Be it therefore enacted as follows:—

    On and from the first day of June, nineteen hundred and twenty-one, it shall be lawful for the Auckland City Council to levy rates in that portion of the City of Auckland formerly comprising the Borough of Grey Lynn upon the annual value.

12 Making operative agreement set out in Schedule 3 to Auckland City Parks Improvement and Empowering Act 1916
  • Whereas by virtue of the Auckland City Parks Improvement and Empowering Act 1916, the agreement set out in Schedule 3 thereto was declared to become operative upon, inter alia, a sale of the property therein referred to, and upon the Auckland City Council and the owner agreeing to the plans and specifications of the roads and right-of-way (affording an entrance from Karangahape Road to Myers Park) within six months of the passing of the said Act: And whereas the said property has now been sold, and the said plans and specifications have been agreed to by the present owners and the Council, but not within the time limited as aforesaid: And whereas it is desirable to make the said agreement operative, notwithstanding such failure to agree to such plans and specifications within such time as aforesaid: Be it therefore enacted as follows:—

    The said Act and the said agreement shall be read and construed as if the limitation of time within which such plans and specifications were to be agreed upon had not existed, and such agreement shall be deemed to be operative as from the date of the passing of this Act, and shall not be or be deemed to have been null and void at any time.

13 Authorizing transfer to Auckland City Council of land vested in Crown for purposes of a post-office
  • Whereas by a Proclamation dated the twenty-first day of May, nineteen hundred and nineteen, published in the Gazette of the twenty-ninth day of the same month, and registered in the Land Registry Office at Auckland under No 4655, certain land vested in the Corporation of the City of Auckland and hereinafter described was taken under the Public Works Act 1908, and vested in His Majesty the King for the purposes of a post-office: And whereas it is now found that the said land is required by the said Corporation as being part of an entrance-way through which the main water-supply pipes from the Khyber Pass Reservoir are laid: And whereas it is desirable to enable the Auckland City Council to purchase the said land: Be it therefore enacted as follows:—

    Upon the payment to His Majesty the King by the Auckland City Council of the sum of four hundred dollars it shall be lawful for His Majesty the King to transfer to the said Council all that piece or parcel of land situated in the Land District of North Auckland, containing one and seventeen-hundredths perches, more or less, being part of the southern portion of Allotment 1 of Section 6 of the Suburbs of Auckland, and being part of the land comprised and described in certificate of title, Volume 75, folio 124, of the Register-book, at Auckland, the said piece of land being the whole of the land taken by the said Proclamation No 4655, subject and reserving to His Majesty the King full and free right and liberty for His Majesty the King, his successors and assigns, and his and their servants, contractors, and agents, in common with the servants, contractors, and agents of the said Council, its successors and assigns, at all times hereafter on foot to pass and repass along the said piece of land for all lawful purposes connected with the use and enjoyment of the post-office or the Postmaster's residence erected on the adjoining land, but so always that the said Council may at any time from time to time temporarily close or impede the said right of way so far as may be unavoidable for the purposes of laying, relaying, lifting, or repairing water pipes or mains running through or under the said piece of land above described.

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

14 Lands in Auckland Land District reserved for certain purposes under will of James Carlton Hill (deceased) declared to be a public domain
  • Whereas the late James Carlton Hill, who died on the thirteenth day of December, eighteen hundred and fifty-eight, directed in his will dated the thirteenth day of May, eighteen hundred and fifty-eight, that the lands hereinafter described be reserved for the purposes hereinafter specified: And whereas the said lands were subsequently vested in John Reid Brown, subject to the trusts created by the said will: And whereas by conveyance registered as No 105346 in the Deeds Registry Office at Auckland the said lands were conveyed by the said John Reid Brown to the Public Trustee to hold unto the said Public Trustee, his successors and assigns, upon and subject to the trusts appearing and declared by the will of the said James Carlton Hill: And whereas the said lands, owing to their situation, are not likely to be used at any time for the purposes of the aforesaid trusts: And whereas it is deemed advisable to set apart the said lands for the purposes of a public domain, and the Public Trustee, the Mount Roskill Road Board, and the Young Men's Christian Association have consented to such setting-apart: Be it therefore enacted as follows:—

    (1) The lands hereinafter described are hereby freed from the trusts hereinafter mentioned, and are hereby set apart as a public domain, subject to the provisions of Part 2 of the Public Reserves and Domains Act 1908.

    (2) The lands referred to in the preceding subsection and the purposes for which they are held in trust are particularly described as follows:—

    Lot 9 of Section 13 of a subdivision into lots of Allotment 8 of Section 13, in the Parish of Waitemata, containing by admeasurement three acres three roods thirty-two perches, more or less, held in trust as a public square:

    Lot 18 of Section 13 of a subdivision into lots of Allotment 8 of Section 13, in the Parish of Waitemata, containing by admeasurement one rood, more or less, and held in trust as a site for a Young Men's Christian Association or Mechanics' Institute:

    Lot 26 of Section 13 of a subdivision into lots of Allotment 8 of Section 13, in the Parish of Waitemata, containing by admeasurement one rood, more or less, and held in trust as a site for town hall or assembly and concert rooms.

    (3) The District Land Registrar for the Auckland Land Registration District is hereby empowered and directed to make such endorsements or memorials on any instruments as are rendered necessary by the provisions of this section.

    (4) The Mount Roskill Road Board shall and is hereby authorized to pay to the Public Trustee the sum of ten dollars and fifty cents, being the amount of commission due to the Public Trustee in respect to the administration of the trusts of the will of the said James Carlton Hill.

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

15 Authorizing Onehunga Borough Council to borrow $6,000, and to lay out Onehunga Domain as war memorial
  • Subject to the provisions of the Local Bodies Loans Act 1913, as to a poll of the ratepayers, the Onehunga Borough Council may borrow, as for a public work within the meaning of that Act, a sum not exceeding six thousand dollars, to be expended by it in its capacity as the Onehunga Domain Board for the purpose of improving and laying-out the Onehunga Domain as a war memorial and establishing a museum thereon for war trophies.

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

16 Manukau County Council to vest in trustees the management of public hall reserved for use of inhabitants of Mangere Riding
  • Whereas the body corporate called The Inhabitants of the Mangere Road District did, until the merger of that road district in the County of Manukau, hold the land hereinafter described upon the trusts that the said body corporate should hold the said premises for such uses and purposes as the ratepayers of the Mangere Road District should from time to time by resolution at their annual meetings declare or direct, and, in default of such declaration or direction, to be used as a site for a hall for the accommodation of all persons residing in the Mangere Road District: And whereas no such declaration or direction was ever made: And whereas the said body corporate did in pursuance of the authority aforesaid mortgage the said land, by deed of mortgage registered number 137569, and did thereby raise a sum of money for the purpose of erecting a hall for the accommodation of all persons residing in the Mangere Road District: And whereas the said hall was duly erected, and has ever since its erection been used for the purpose aforesaid: And whereas the said mortgage still subsists, and has not been paid off: And whereas the Mangere Road District has lately been merged in the County of Manukau, and by force of such merger the said piece of land and the said hall have become vested in the Corporation of the Manukau County: And whereas it is expedient and desirable that the said piece of land and the said hall erected thereon should be reserved for the purposes for which they were respectively acquired and erected, and that they should accordingly be placed under the control and management of trustees: And whereas the Manukau County Council has consented to the said proposal: Be it therefore enacted as follows:—

    (1) The Manukau County Council is hereby authorized and directed to appoint as soon as may be three trustees, all of whom shall be bona fide residents and ratepayers in and of the Mangere Riding of the Manukau County, in whom there shall be vested the care, control, and management of the said land and the said hall thereon erected.

    (2) It shall be the duty of the said trustees to ensure that the said property is used and maintained for the purposes of a public hall for the accommodation of all the residents of the Mangere Riding of the said Manukau County.

    (3) The said trustees are hereby authorized to let or hire the said hall at such prices as they shall think fit, and they shall devote the net proceeds of such letting or hiring as far as may be in the maintenance and repair of the said hall and the payment of interest and principal owing under the said mortgage.

    (4) The office of trustee under this section shall become vacant as well by the death of any such trustee as by his resignation of such office or removal from the said Mangere Riding or removal from office by resolution of the Manukau County Council, and the Manukau County Council shall have power from time to time as aforesaid to remove any such trustee and to fill any vacancy in the office of trustee occurring in any manner aforesaid.

    (5) The Manukau County Council is hereby authorized to pay out of the Mangere Riding Fund of the Council any moneys from time to time due or payable under the said mortgage on the said property by way of principal or interest.

    (6) The said trustees shall on the last day of March, June, September, and December in each and every year submit to the Manukau County Council a full and true statement of the receipts and expenditure in connection with the said hall, certified as correct by the said trustees.

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

    All that piece or parcel of land in the Provincial District of Auckland aforesaid, situated in the Parish of Manurewa and County of Eden, being part of Allotment 74 of Manurewa Farms: bounded, commencing at a point in the western boundary-line of the said allotment, distance 280 links from the north-western corner of the said Allotment 74; towards the west by the Ihumatao Road, 120 links; towards the north by other part of same Allotment 74 by a line at right angles to the said road, 220 links; towards the east by other part of same Allotment, 120 links; and towards the south by other part of same allotment, 220 links.

17 Certain provisions of Rating Act 1908, applied to Road Boards in Waiheke Island
18 Cancelling reservation over East Tamaki Domain
  • Whereas by a notice published in the Gazette of the thirteenth day of May, eighteen hundred and eighty-six, Sections 40 and 140 in the Parish of Pakuranga, containing eighteen acres one rood thirty-five perches, were permanently reserved for recreation purposes: And whereas by Orders in Council published in the Gazette of the first day of December, eighteen hundred and ninety-two, the said recreation reserve became subject to the provisions of the Public Domains Act 1881, and powers as therein defined were delegated to the East Tamaki Road Board, to be known as the East Tamaki Domain Board: And whereas the said reserve is unsuitable for the purpose for which it was set apart: Be it therefore enacted as follows:—

    (1) The reservation for recreation purposes over Sections 40 and 140, in the Parish of Pakuranga, now known as the East Tamaki Domain, and the vesting in the East Tamaki Domain Board of the control of the said domain are hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1908.

    (2) The Minister of Lands is hereby authorized to apply the proceeds from the sale of the said land towards the purchase of other land in the East Tamaki Road District for the purposes of a recreation reserve.

19 Validating loan of $3,200 raised by East Tamaki Road Board without lawful authority
  • Whereas on the twenty-third day of September, nineteen hundred and nineteen, the East Tamaki Road Board, purporting to act under and in accordance with the provisions of the Local Bodies Loans Act 1913, caused to be taken a poll upon a proposal to raise a special loan of three thousand two hundred dollars upon the security of a special rate on the capital value of all rateable property in the East Tamaki Road District for the purpose of purchasing for recreation purposes Lots 10 and 11 and part of Lot 9 of the subdivision of Allotment 50, and others of East Tamaki Farm, and for laying out and improving such property, and incidental expenses: And whereas the said proposal was carried, and a temporary loan was raised, and the said Board has acquired the said land: And whereas doubts have arisen as to the power of the said Board to raise a loan for the purpose of purchasing land for recreation purposes, and it is expedient that the said Board should be so empowered and that the said loan should be validated as hereinafter appearing: Be it therefore enacted as follows:—

    (1) The said loan shall for all purposes be deemed to have been lawfully raised, and the said Board shall at all times be deemed to have been lawfully empowered to apply the moneys resulting therefrom in accordance with the purposes for which the raising of the same was authorized by the ratepayers.

    (2) For the purpose of repaying the said loan the said Board may, without taking the steps prescribed by sections eight to twelve of the Local Bodies Loans Act 1913, raise under that Act a special loan of a sum not exceeding three thousand two hundred dollars at a rate of interest not exceeding five and a half per centum per annum.

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

20 Validating loan of $4,800 raised by Pukekohe Borough Council without lawful authority
  • Whereas a poll of the ratepayers of the Borough of Pukekohe was taken by the Pukekohe Borough Council on the twenty-fourth day of September, nineteen hundred and eighteen, upon a proposal to raise a special loan of four thousand eight hundred dollars under the Local Bodies Loans Act 1913, for the purpose of purchasing and vesting in the Education Board of the Auckland District a site for the erection of a technical high school in the said borough: And whereas the said proposal was carried, and the said loan was raised, and certain land was purchased and vested in the said Education Board for the purpose aforesaid: And whereas the said Borough Council could not lawfully raise a loan or expend money for the said purpose: And whereas it is desirable to validate the said loan and the purchase and vesting of the land hereinbefore mentioned: Be it therefore enacted as follows:—

    (1) The said loan is hereby declared to have been lawfully raised and the proceeds thereof to have been lawfully expended by the Pukekohe Borough Council.

    (2) The vesting in the Education Board of the Auckland District by the said Borough Council of the land purchased with the proceeds of the said loan as a site for a technical high school is hereby validated.

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

21 Closing portion of road in Drury Survey District, and authorizing disposal thereof
  • Whereas by a Proclamation published in the New Zealand Gazette of the fifteenth day of January, nineteen hundred and twenty, certain lands, being part Lots 41 to 46 and parts Lots 50 to 53 of Block IX, Opaheke Parish, Block VIII, Drury Survey District, Franklin County, were taken for the purpose of providing more convenient access by road to the railway-station at Drury: And whereas the Minister of Railways has agreed to form a road on the said land to the satisfaction of the Franklin County Council: And whereas the Franklin County Council has agreed to the vesting of the land for road purposes in terms of section one hundred and ninety-seven of the Public Works Act 1908: And whereas the unformed road near Drury Station known as Swift Street is not required as a public highway: And whereas the Franklin County Council and the owners of the adjoining lands have consented to the closing of the said Swift Street: And whereas John Dickson, of Drury, orchardist, is the party entitled to receive compensation for the land firstly hereinbefore mentioned: And whereas the said John Dickson has agreed to accept in satisfaction of such compensation a transfer to himself of portion of the land occupied by the said Swift Street: Be it therefore enacted as follows:—

    (1) The portion of the said Swift Street shown coloured green on plan marked WR 26392 hereinafter referred to is hereby closed, and the land comprised therein is hereby declared to be Crown land available for disposal as hereinafter provided.

    (2) The Governor-General is hereby empowered, by Warrant under his hand, to authorize the issue of a certificate of title to the aforesaid John Dickson in respect of portion of the land occupied by the said Swift Street as hereinbefore referred to and particularly described as follows:—

    All that portion of land in the North Auckland Land District, containing by admeasurement three roods fifteen perches, more or less, known as Swift Street, and being more particularly shown coloured green on plan marked WR 26392 (SO 20384 blue), deposited in the office of the Minister of Railways, at Wellington.

22 Repeal
23 Authorizing Hamilton Borough Council to lease certain land to Waikato Winter Show Association
  • Whereas Section 476 of the Town of Hamilton West is vested in the Corporation of the Borough of Hamilton as a site for a market: And whereas the Waikato Winter Show Association (Incorporated) is the owner of certain lands and buildings adjoining the said Section 476: And whereas, in order to give better access to the lands and buildings of the said association and to enable the said association to hold shows with greater advantage and convenience, it is desirable that the Hamilton Borough Council should be empowered to lease to the said association part of the said Section 476 for a term of years: Be it therefore enacted as follows:—

    The Hamilton Borough Council is hereby empowered to lease to the Waikato Winter Show Association (Incorporated) for a term not exceeding twenty-one years (with right of renewal for a like term) such part of the said Section 476, not exceeding thirty perches in area, as will, without unduly interfering with the use of the land as a market-site, give suitable access and accommodation for the purposes of the said association.

24 Authorizing Whakatane Harbour Board to transfer certain land to Whakatane County Council
  • It shall be lawful for the Whakatane Harbour Board to transfer to the Corporation of the Whakatane County all that piece of land, comprising three and three-fifths perches, being the whole of Lot 48 on a plan deposited in the Land Transfer Office at Auckland under No 13036 of the subdivision into allotments of Section 5, Block II, Whakatane Survey District, in the Auckland Land District.

25 Vesting certain land in Whakatane Harbour Board as endowment
  • (1) The land hereinafter described is hereby vested in the Whakatane Harbour Board in trust, without power of sale, as an endowment for harbour purposes.

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

    All that area in the Auckland Land District, being Section 6, Block II, Whakatane Survey District, containing by admeasurement twenty acres, more or less: bounded towards the north-east generally by the Bay of Plenty, towards the south by the Whakatane River, and towards the west by Allotment 27, Rangitaiki Parish; as the same is delineated on plan marked L and S 22/2280, and deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

26 Closing part of road, and incorporating the same in Taumatatotara No 1F, in the Auckland Land District
  • [Repealed]

    Section 26 was repealed, as from 1 January 1932, by section 558 Native Land Act 1931 (1931 No 31).

27 Changing purpose of Allotment 89, Parish of Onewhero, from endowment for primary education to a recreation reserve, and reserving Section 5, Block XI, Rotoma Survey District, as an endowment for primary education
  • Whereas by Proclamation published in the Gazette of the twenty-ninth day of October, eighteen hundred and ninety-one, Allotment 89, Parish of Onewhero, in the Auckland Land District, containing twenty-four acres three roods two perches, has been duly set apart as an endowment for primary education: And whereas it is desired to set apart the said land as a recreation reserve for the use and enjoyment of the residents of the surrounding district, and to set apart in exchange therefor as an endowment for primary education the land described in subsection two hereof: Be it therefore enacted as follows:—

    (1) The reservation as an endowment for the purpose of primary education over Allotment 89, Parish of Onewhero, is hereby cancelled, and the said land is hereby reserved for the purposes of recreation.

    (2) Section 5, Block XI, Rotoma Survey District, containing three hundred and thirty acres two roods, more or less, is hereby reserved as an endowment for primary education.

    (3) Without further authority than this section the Minister of Lands is hereby empowered to pay into the Primary Education Endowments Deposit Account the sum of six hundred and eighty dollars, being the estimated amount by which the value of the said Allotment 89, Parish of Onewhero, exceeds the value of the said Section 5, Block XI, Rotoma Survey District, and such sum shall thereafter be applied in the purchase of other land to be set apart as an endowment for primary education.

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

28 Authorizing Gisborne Borough Council to make additional payment to certain contractors
  • The Gisborne Borough Council is hereby empowered, in respect of a contract known as Contract No 128 for Gisborne Drainage, made between the said Council and George Smith, of Gisborne, and others (hereinafter referred to as the contractors), to pay to the contractors such further sum in addition to moneys heretofore paid to them under the said contract as the said Council considers just and equitable as compensation for increased expenditure incurred by the contractors in connection with the said contract by reason of special conditions arising out of the war with Germany.

29 Authorizing Mangapapa Town Board to raise a loan to pay off overdraft
  • The Mangapapa Town Board may, by special order and without taking the steps prescribed by sections eight to twelve of the Local Bodies Loans Act 1913, borrow by way of special loan under that Act a sum not exceeding three thousand dollars and apply the same towards the reduction of the said Board's bank overdraft.

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

30 Authorizing Wairoa Harbour Board to borrow $40,000
  • [Repealed]

    Section 30 was amended, as from 22 March 1921, by section 18 Finance Act 1921 (1921 No 5) by substituting the words twenty thousand pounds for the words fifteen thousand pounds.

    Section 30 was repealed, as from 1 October 1946, by section 18(1) Wairoa Harbour Act 1946 (1946 No 11(L)).

31 Commission of Inquiry to adjust boundaries of Wairoa, Napier, Gisborne, and Whakatane Harbour Districts
  • [Repealed]

    Section 31 was repealed, as from 1 October 1946, by section 18(1) Wairoa Harbour Act 1946 (1946 No 11(L)).

32 Validating payment by Napier Borough Council of allowance to widow of late Town Clerk
  • Whereas Martin Murray, late of Napier, died on or about the ninth day of November, nineteen hundred and nineteen, and was at the time of his death and for a period of ten years preceding the same the Town Clerk of the Borough of Napier: And whereas the Napier Borough Council on the seventeenth day of November, nineteen hundred and nineteen, passed a resolution voting Susan Murray, the widow of the said Martin Murray, an allowance of one thousand three hundred dollars in consideration of the valuable services rendered by the said Martin Murray, the manner of payment of the said sum of one thousand three hundred dollars to be left in the hands of the Mayor and Deputy Mayor of the said borough: And whereas portion of the said sum of one thousand three hundred dollars has already been paid by monthly instalments to the said Susan Murray out of the funds of the said borough in pursuance of the said resolution: And whereas it is desirable that the said resolution and the payment of the said sum of one thousand three hundred dollars should be legalized: Be it therefore enacted as follows:—

    (1) The said Council shall be deemed to have had proper legal authority to pass the said resolution and to make the payments which have already been made to the said Susan Murray out of the funds of the said borough on account of the said sum of one thousand three hundred dollars.

    (2) The said Council is empowered to pay the balance of the said sum of one thousand three hundred dollars out of the funds of the said borough to the said Susan Murray.

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

33 Vesting old course of part of Tutaekuri River in certain persons
  • Whereas an area of one thousand acres or thereabouts of low-lying land forming portion of the Whare-o-Maraenui Block was raised and reclaimed by William Nelson, of Tomoana, in the Provincial District of Hawke's Bay, sheep-farmer, and Charles Dugald Kennedy, of Napier, in the Provincial District of Hawke's Bay, civil engineer, such reclamation being carried out in pursuance of a certain lease dated the tenth day of December, nineteen hundred, made between the Napier Harbour Board of the one part and William Langlands and the said Charles Dugald Kennedy of the other part, which lease became vested in the said William Nelson and Charles Dugald Kennedy: And whereas in connection with such reclamation the said William Nelson and Charles Dugald Kennedy changed the course of a portion of the Tutaekuri River by making a cut or excavation in land belonging to the said William Nelson and Charles Dugald Kennedy, and diverting the said river into such cut as shown on a plan deposited in the Land Transfer Office at Napier under No 3539: And whereas the bed of the said portion of the old course of the said river, being the Lots 2, 5, and 6 on the said plan, and containing twelve acres two roods thirty-four perches, has filled up and become dry, and is no longer portion of the course of the said river: And whereas the said change in the course of the said river has greatly improved the same, inasmuch as it has shortened its course and reduced the probability of floods in the adjacent district, and such change was agreed to by the Meeanee River Board, which at that time had jurisdiction over the said river: And whereas the said portion of the old course of the said river is bounded on both sides thereof by land owned by the said William Nelson and Charles Dugald Kennedy and by John Beatson, save for two small portions thereof which are bounded on one side by portions of roads: And whereas it is advantageous and equitable that the said portion of the old course of the said river, being the said Lots 2, 5, and 6, should be vested in the said William Nelson and Charles Dugald Kennedy in exchange for the said new course, and the Hawke's Bay Rivers Board agrees to such vesting, and the said John Beatson consents to the same: Be it therefore enacted as follows:—

    (1) The soil of the said portions of the said old course of the Tutaekuri River, being the Lots 2, 5, and 6 on plan deposited in the Land Transfer Office at Napier under No 3539, is hereby vested in William Nelson, of Tomoana, sheep-farmer, and Charles Dugald Kennedy, of Napier, civil engineer, as joint tenants for an estate in fee-simple free from encumbrances.

    (2) The Governor-General is hereby empowered, by Warrant under his hand, to authorize the issue to the said William Nelson and Charles Dugald Kennedy of a certificate of title for such lots.

34 Hastings Borough Council authorized to take a poll of ratepayers on a proposal to purchase on terms certain lands for purposes of a recreation-ground
  • Whereas the owners of all those pieces of land—containing by admeasurement, firstly, five acres seventeen and four-fifths perches, being part of Lot 2 on a plan deposited in the Land Transfer Office at Napier under No 2712, and being the whole of the land in certificate of title, Volume 62, folio 23; and, secondly, one acre one rood seven and one-fifth perches, being part of Lot 2, Subdivision D, Heretaunga Block, being Lot 1 on the said deposited plan No 2712, and being the whole of the land in certificate of title, Volume 67, folio 89; and thirdly, one rood thirteen and twelve twenty-fifths perches, being part of Lot 7 on a plan deposited as aforesaid under No 885, and being the balance of the land in certificate of title, Volume 42, folio 138—have offered the same to the Mayor, Councillors, and Burgesses of the Borough of Hastings (hereinafter called the Corporation) for the purpose of a recreation-ground and open space for the sum of eleven thousand six hundred dollars, payable by the issue of one debenture for eleven thousand six hundred dollars or several debentures, having a currency of twenty years at four per centum per annum interest, with power to the Corporation to repay the said sum of eleven thousand six hundred dollars by payment of not less than five hundred dollars at any one time: And whereas the said lands are situate close to the centre of the Town of Hastings and exceed in value the said sum of eleven thousand six hundred dollars, and it is expedient and desirable that the same should be acquired by the Corporation for the purposes of a recreation-ground and an open space for the use of the public of Hastings, but with power for the Corporation to charge for admission to the said lands for so long as there shall be any moneys owing in respect to the purchase of the said lands, but subject nevertheless to the special loan of eleven thousand six hundred dollars being authorized by the ratepayers of the Borough of Hastings to be taken in manner provided in the Local Bodies Loans Act 1913, in the case of special loans: Be it therefore enacted as follows:—

    (1) The Corporation is hereby authorized to take a poll of its ratepayers in manner provided by the Local Bodies Loans Act 1913, on a proposal that authority be given to the Corporation to acquire from the owner or owners thereof the fee-simple of all those parcels of land containing by admeasurement, firstly, five acres seventeen and four-fifths perches, being part of Lot 2, on a plan deposited in the Land Transfer Office at Napier under No 2712, and being the whole of the land in certificate of title, Volume 62, folio 23; secondly, one acre one rood seven and one-fifth perches, being part of Lot 2, Subdivision D, Heretaunga Block, being Lot 1 on the said deposited plan No 2712, and being the whole of the land in certificate of title, Volume 67, folio 89; and, thirdly, one rood thirteen and twelve twenty-fifths perches, being part of Lot 7 on a plan deposited as aforesaid under No 885, and being the balance of the land in certificate of title, Volume 42, folio 138, for the sum of eleven thousand six hundred dollars, to be paid by the Corporation to such owner or owners by the issue of one debenture for the said sum or by the issue of twenty-three debentures of five hundred dollars each and one debenture of one hundred dollars, such debenture or debentures to have a currency of twenty years, bearing interest until repayment at the rate of four per centum per annum, payable half-yearly, with power for the Corporation to repay the said debenture or debentures or any of them on any half-yearly date reserved for the payment of interest thereon upon giving to the holder or holders of the said debenture or debentures which it is intended to pay off three calendar months' written notice of the Corporation's intention to so repay the same, and with power for the Corporation, in lieu of issuing the said debenture or debentures, to execute a first mortgage over the said lands or any part thereof for a term not exceeding thirty-three years and a half to secure the purchase-money for the same or any part thereof at a rate of interest not exceeding five and a half per centum per annum, with power at the option of the Corporation to include in such mortgage a right to pay off the moneys owing thereunder or any part thereof in sums of not less than five hundred dollars on any half-yearly date appointed for payment of interest, and with power at the option of the Corporation to include in such mortgage provisions for the repayment of the moneys thereby secured with interest thereon by equal half-yearly instalments of principal and interest.

    (2) If the said ratepayers duly authorize the purchase of the said lands upon the terms and conditions hereinbefore set out, it shall be lawful for the Corporation, . . ., to let or lease the said lands or any part thereof for the purpose of sport (such as cricket, football, hockey, or sport of a like nature) at such rent and for such term not exceeding thirty-three years and a half, and subject to such conditions, as the Corporation may require, with power to the lessee to charge the public for admission to the said lands prior to or during the progress of any match, game, or sports meeting played or held thereon; or, in lieu of letting or leasing the said lands, the Corporation may itself, . . . , occupy the same and use the same for the purpose of sport, and may charge sports bodies for the use of the said lands and the public for admission to the said lands prior to or during the progress of any match, game, or sports meeting played or held thereon.

    (3) [Repealed]

    Subsection (2) was amended, as from 11 December 1937, by section 29(2)(a) Local Legislation Act 1937 (1937 No 25) by omitting the words so long as there shall be any moneys owing under the said debenture or debentures or mortgage.

    Subsection (3) was repealed, as from 11 December 1937, by section 29(2)(b) Local Legislation Act 1937 (1937 No 25).

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

35 Authorizing Waipawa Borough Council to acquire certain land for cemetery purposes
  • (1) The Waipawa Borough Council may acquire the land within the Borough of Waipawa hereinafter described.

    (2) For the purpose of acquiring the said land the said Council may raise a special loan under the Local Bodies Loans Act 1913.

    (3) Notwithstanding anything to the contrary in the Cemeteries Act 1908, or any other Act, the said land on being acquired by the said Council shall for all purposes be deemed to be part of the cemetery now existing in the said borough.

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

    All that piece or parcel of land situate in the Borough of Waipawa, in the Provincial District of Hawke's Bay, containing by approximation four acres, more or less, being part of Block 59 on the Government plan of the Patangata Crown Grant District, and being the Sections 50, 51, 52, and 53 on the plan of the Township of Hadley, deposited in the Deeds Registry Office at Napier under No 4, and being also part of Block 58: bounded on the west by the said Sections 50, 51, 52, and 53; on the south-east and east by Warwick Road; and on the north by a line extending from the north-east corner of said Section 50 to Warwick Road.

36 Authorizing Taranaki Land Board to accept surrenders of leases of education reserves held by Taranaki Hospital and Charitable Aid Board, and to grant new lease thereof
  • Whereas all that parcel of land, containing approximately one acre three roods seven perches, being Sections 496, 497, 498, 522, 523, 524, and 525 on the plan of the Town of New Plymouth, in the Taranaki Land District, is vested in the Crown pursuant to the Education Reserves Amendment Act 1910, as a reserve in trust for educational purposes: And whereas the said sections have been at different times let to and are now occupied by the Taranaki Hospital and Charitable Aid Board under leases and on tenancies expiring at different times and subject to different conditions: And whereas the said parcel of land is required by the Taranaki Hospital and Charitable Aid Board for permanent use, and it is expedient that the said existing leases and tenancies should be surrendered and a new lease granted to the Taranaki Hospital and Charitable Aid Board of the said parcel of land pursuant to the provisions of the Education Reserves Amendment Act 1910, without public auction or public tender: Be it therefore enacted as follows:—

    (1) The Taranaki Land Board may accept surrenders of all the said leases and tenancies now existing, and may grant a new lease under the Public Bodies Leases Act 1908, of the said parcel of land to the Taranaki Hospital and Charitable Aid Board for a term of twenty-one years, to be computed from a day to be agreed on by the Taranaki Land Board and the Taranaki Hospital and Charitable Aid Board, being not later than six months after the passing of this Act, with a perpetual right of renewal for the same term at a rent to be agreed upon by the said Boards (or, in the event of disagreement, at a rent to be determined by valuation), and in other respects in accordance with the provisions of Schedule 1 to the Public Bodies Leases Act 1908.

    (2) The Taranaki Land Board shall fix and determine the value (if any) of the interest of the Taranaki Hospital and Charitable Aid Board in the said parcel of land under the leases and tenancies thereof unexpired at the commencement of the term of the new lease granted under this section, and the amount (if any) so fixed shall be deducted from any rent then due, or thereafter to become due, by the Taranaki Hospital and Charitable Aid Board in respect of the said land.

37 Authorizing Stratford Borough Council to raise loan of $10,000 for improving Stratford Domain
  • Whereas by Order in Council published in the Gazette of the twenty-seventh day of May, nineteen hundred and twenty, the Stratford Borough Council was appointed to be the Stratford Domain Board, having control of the Stratford Domain: And whereas it is desired to enable the said Council to raise a loan for the purpose of effecting improvements on the said domain in its capacity as the Stratford Domain Board: Be it therefore enacted as follows:—

    The Stratford Borough Council is hereby authorized to raise under the Local Bodies Loans Act 1913, a special loan of a sum not exceeding ten thousand dollars, and in its capacity as the Stratford Domain Board to expend the proceeds of such loan in effecting such improvements on the said domain as may be mentioned in the proposal to raise such loan submitted to the ratepayers of the Borough of Stratford pursuant to the said Act.

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

38 Authorizing Taranaki Church of England Trust Board and St Mary's Parochial Trust Board to dispose of certain lands
  • Whereas by section thirteen of the Religious, Charitable, and Educational Trusts Act 1908, the power of Trust Boards incorporated under the said Act to sell land is restricted to sales for public purposes: And whereas it is expedient to remove such restriction so far as it affects any land held by the Taranaki Church of England Trust Board and the St Mary's Parochial Trust Board: Be it therefore enacted as follows:—

    The Taranaki Church of England Trust Board and the St Mary's Parochial Trust Board, notwithstanding any trusts that may affect the property of the said Boards, may from time to time, with the consent of the Auckland Diocesan Synod, sell, exchange, or dedicate for any purpose or purposes all or any of the property of the said Boards upon such terms as may be deemed expedient, and any money or lands that are received in pursuance of any such sale, exchange, or dedication shall be held or invested in lands or on mortgage on the same trusts as affect the lands so dealt with.

39 Changing purpose of certain land in Taranaki Land District from reserve for police purposes to historic reserve
  • Whereas by notice published in the Gazette of the seventh day of July, eighteen hundred and eighty-seven, Section 1, Town Belt, Town of Pukearuhe, containing an area of eleven acres three roods thirty-five perches, was reserved for police purposes: And whereas by notice published in the Gazette of the nineteenth day of December, nineteen hundred and twelve, Section 11, Town Belt, Town of Pukearuhe, containing an area of one rood four perches, was also reserved for police purposes: And whereas it is desired to change the purpose of the reservation over that part of the said lands hereinafter described: Be it therefore enacted as follows:—

    (1) The reservation for police purposes over the land hereinafter described is hereby cancelled, and the said land is hereby reserved as an historic reserve, subject to the provisions of the Reserves Act 1977, and to a right of road through the said land to and from Subdivision 2 of Section 1 and Sections 13 and 14, Pukearuhe Town Belt.

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

    All that area situated in the Taranaki Land District, containing by admeasurement seven acres one rood twenty-two perches, and being Subdivision 1 of Section 1 and Section 11, Town Belt, Town of Pukearuhe, and bounded as follows: On the north generally by the Tasman Sea and Waikaramarama Stream; on the east generally by a road and Sections 13 and 14, Pukearuhe Town Belt, 345, 381.9, 170.2, 106.7, and 250.6 links; on the south generally by Page Street and Subdivision 2 of Section 1, Pukearuhe Town Belt, 274.8, 100, and 40.1 links; on the west generally by Subdivision 2 of Section 1, Pukearuhe Town Belt, 530 and 320 links: be the aforesaid area and linkages a little more or a little less: as the same are delineated on the plan marked L and S 6/7/42, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

    A reference to the Reserves and Domains Act 1953 was substituted, as from 1 April 1954, for a reference to the Scenery Preservation Act 1908 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).

40 Authorizing change of purpose of part of Section 23, Block XIV, Ohura Survey District, from a public park to a site for a public hall
  • Whereas by Warrant published in the Gazette of the twenty-ninth day of June, nineteen hundred and eleven, Section 23, Block XIV, Ohura Survey District, in the Taranaki Land District, containing by admeasurement forty-five acres and five perches, was permanently reserved for a public park: And whereas by Warrant published in the Gazette of the twenty-seventh day of July, nineteen hundred and eleven, the said reserve and Section 39, Block XIV, Ohura Survey District, were declared to be subject to the provisions of Part 2 of the Public Reserves and Domains Act 1908: And whereas it is desirable to make provision for cancelling such reservation over an area not exceeding two roods of the said Section 23 so that such area may be reserved as a site for a public hall: Be it therefore enacted as follows:—

    The Governor-General may, by Warrant under his hand, cancel the reservation for the purpose of a public park over an area, not exceeding two roods, of the said Section 23, and declare the same to be reserved as a site for a public hall.

41 Authorizing Taihape Borough Council to pay interest on loan of $2,000 at rate of 5½ per cent
  • Whereas the Taihape Borough Council duly borrowed under the Local Bodies Loans Act 1913, a sum of forty-two thousand five hundred dollars for the construction of certain works, including waterworks: And whereas the said sum was found to be insufficient for the purposes for which it was borrowed, and the said Council by special order made on the first day of August, nineteen hundred and thirteen, proceeded to raise a supplementary loan of two thousand dollars for the purpose of completing the waterworks hereinbefore referred to: And whereas pursuant to the said special order the said Council issued and hypothecated to the Bank of New Zealand debentures repayable on the first day of August, nineteen hundred and forty-six, and bearing interest at the rate of four and a half per centum per annum: And whereas it is desirable that the rate of interest payable on the said debentures should be increased: Be it therefore enacted as follows:—

    The Taihape Borough Council is hereby empowered to pay in respect of the loan of two thousand dollars raised by it by special order on the first day of August, nineteen hundred and thirteen, a rate of interest not exceeding five and a half per centum per annum.

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

42 Authorizing Taihape Borough Council to pay compensation for improvements to outgoing lessee of certain land
  • Whereas by deed bearing date the thirtieth day of June, nineteen hundred and six, His Majesty the King leased under the Public Reserves Act 1881, Section 2, Block IV, in the Township of Taihape, to George Bray, of Taihape, blacksmith, for a term of fourteen years computed from the first day of July, nineteen hundred and eight, subject to the condition that no compensation would be paid for improvements effected on the said land: And whereas on the twentieth day of February, nineteen hundred and eight, the said land was vested in the Corporation of the Taihape Borough: And whereas during the currency of the said lease the lessee effected certain improvements on the said land: And whereas on the thirtieth day of June, nineteen hundred and twenty, the improvements on the said land were valued at one thousand nine hundred and sixty dollars: And whereas on the expiration of the said lease new leases of the said land, loaded with the payment of the said sum of one thousand nine hundred and sixty dollars, were sold by auction, and the said sum has been paid by the successful purchaser, and is now held by the said Taihape Borough Council: And whereas the said Council is prepared to pay compensation to the said George Bray in respect of the improvements aforesaid, but doubts have arisen as to its authority to make such payment: Be it therefore enacted as follows:—

    The Taihape Borough Council may lawfully pay to George Bray, of Taihape, blacksmith, the outgoing lessee of Section 2, Block IV, Township of Taihape, such sum as may be decided by the said Council (not exceeding the said sum of one thousand nine hundred and sixty dollars) as compensation for the improvements effected by him as aforesaid on the said land.

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

43 Gonville and Castlecliff Town Boards authorized to fix water charges according to quantity used
  • (1) Notwithstanding anything in the Municipal Corporations Act 1908, or in any Act amending the same or in substitution therefor, it shall be lawful for the Gonville Town Board and the Castlecliff Town Board to make and levy water rates or charges in respect both of the ordinary as well as of any extraordinary supply according to the quantity of water consumed by any person receiving the same and measured by meter, at such rates or charges as may be fixed by any by-law in that behalf or as may be agreed on with any such person, and all water rates or charges so payable shall be deemed to be separate rates, and may be recovered accordingly.

    (2) This section shall be deemed to have come into operation on the first day of January, nineteen hundred and nine.

44 Amalgamating certain land with Kimbolton Domain, Wellington Land District
  • Whereas the Kimbolton Sports Club (Registered) and the Kimbolton Cricket Club (Registered) are the proprietors in fee-simple of that parcel of land, containing three acres three roods twenty-six and a half perches, being Lot No 3 on deposited plan No 781, part of Section 265, Township of Sandon, and being all the land in certificate of title, Volume 98, folio 83, Wellington Registry: And whereas the aforesaid clubs are defunct, and it is desired to amalgamate the said land with the Kimbolton Domain: Be it therefore enacted as follows:—

    (1) The land hereinbefore referred to is hereby declared to be vested in His Majesty the King and to be permanently reserved for recreation purposes, and shall be deemed to be amalgamated with the Kimbolton Domain and to be subject to the provisions of Part 2 of the Public Reserves and Domains Act 1908.

    (2) The District Land Registrar for the Wellington Land Registration District is hereby empowered and directed to make such endorsement upon the aforesaid certificate of title and to take such other action as may be necessary to give effect to the provisions of this section.

45 Authorizing Feilding Borough Council to raise special loan for certain purposes
  • Whereas at a poll of the ratepayers of the Borough of Feilding taken on the seventh day of July, nineteen hundred and twenty, a proposal was carried to borrow the sum of twenty-eight thousand dollars for the following purposes, namely: (a) To install additional plant in connection with the electric-lighting system of the borough; (b) to pay for a portion of plant already purchased out of overdraft: And whereas the Feilding Borough Council has no authority to borrow money for payment of overdraft as aforesaid: And whereas it is expedient to empower the said Council to raise by way of special loan the aforesaid sum of twenty-eight thousand dollars and to expend the same for the purposes aforesaid: Be it therefore enacted as follows:—

    The Feilding Borough Council may, without taking the steps prescribed by sections eight to twelve of the Local Bodies Loans Act 1913, borrow by way of special loan under the said Act the sum of twenty-eight thousand dollars, and may expend such sum for the purposes hereinbefore mentioned.

    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).

46 Authorizing exchange of primary-education reserve for land vested in Corporation of Borough of Palmerston North
  • Whereas the land described in subsection three hereof is vested in the Corporation of the Borough of Palmerston North in trust for the use and benefit of the inhabitants of Palmerston North and the vicinity thereof as a public park and recreation-ground and botanical gardens: And whereas the land described in subsection four hereof is a primary-education reserve vested in the Crown: And whereas it is desired to carry out an exchange of the said parcels of land as hereinafter appears: Be it therefore enacted as follows:—

    (1) The reservation over the parcel of land described in subsection three hereof and the trust effecting the same are hereby cancelled, and the said land is hereby vested in His Majesty the King as a primary-education endowment.

    (2) The reservation over the parcel of land described in subsection four hereof is hereby cancelled, and the said land is hereby vested in the Corporation of the Borough of Palmerston North in trust as an endowment for municipal purposes.

    (3) The land hereby vested in His Majesty the King as a primary-education endowment is particularly described as follows:—

    All that parcel of land in the Borough of Palmerston North, containing five acres three roods eight and four-fifths perches, being Lots 1, 2, 3, 15, 16, and 17 on deposited plan No 2494.

    (4) The land hereby vested in the Corporation of the Borough of Palmerston North is particularly described as follows:—

    All that parcel of land in the Borough of Palmerston North, containing four acres, more or less, being Section 184 on the plan of the Township of Palmerston North.

    (5) The District Land Registrar at Wellington is hereby empowered and directed to make such endorsements or memorials on Crown grants or certificates of title as may be rendered necessary by the provisions of this section.

47 Foxton Borough Council authorized to contribute towards acquisition by Crown of certain land
  • It shall be lawful for the Foxton Borough Council to contribute out of its general fund or account such sum as it may think fit towards the cost of acquisition by the Crown of part of Section 332, Block I, Mount Robinson Survey District, in the Wellington Land District, for scenic purposes.

48 Local authorities in Nelson Provincial District may contribute to funds of Buller Progress League (Incorporated)
  • It shall be lawful for any local authority the district of which is within or partly within the Provincial District of Nelson to contribute out of its general fund or account such sum in any year as the local authority may think fit as a subscription to the funds of the Buller Progress League (Incorporated).

49 Vesting in Nelson Harbour Board as an endowment certain land in the City of Nelson
  • Whereas by a deed dated the tenth day of October, eighteen hundred and sixty, and registered in the Deeds Registration Office at Nelson as 3D No 2592, John Poynter conveyed to the Crown a portion of the land registered as nineteen acres granted to John Poynter (which area has since become also known as Section 1181 of the City of Nelson): And whereas it is deemed desirable to vest the said portion of land in the Nelson Harbour Board: Be it therefore enacted as follows:—

    (1) The land hereinafter described is hereby vested in the Nelson Harbour Board in trust as an endowment. The Governor-General may, by Warrant under his hand, authorize the issue to the said Board of a certificate of title in respect of the said land.

    (2) The land referred to in the preceding subsection is particularly described as follows:—

    All that area in the Nelson Land District, containing thirty-six perches, more or less, being part of Section 1181, in the City of Nelson, and now to be known as Section 1190, City of Nelson: bounded towards the north-west by Wakefield Quay, 260 links; and towards the north-east, south-east, and south-west by other parts of the said Section 1181, 50 links, 240 links, and 140 links respectively: be all the aforesaid linkages more or less: as the same is delineated on the plan marked L and S 22/2124, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

50 Authorizing issue to Buller County Council of certificate of title to land in Town of Millerton reserved for purposes of a drill-shed
  • Whereas by Proclamation under the Public Works Act 1908, published in the Gazette of the twenty-third day of January, nineteen hundred and fourteen, the land hereinafter described, being Crown land in the Town of Millerton, was set apart for the purposes of a drill-shed already erected thereon: And whereas it is considered desirable to vest the said land in the Corporation of the Buller County, subject to certain conditions: Be it therefore enacted as follows:—

    (1) The Governor-General may, by Warrant under his hand, authorize the issue to the Corporation of the Buller County of a certificate of title in respect of the land hereinbefore referred to, the said land to held in trust for public purposes.

    (2) The Buller County Council shall at all times allow the hall erected on the said land to be used free of charge by the Defence Department as a drill-shed for the training of members of the New Zealand Territorial Forces.

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

    All that area situate in the Town of Millerton, in the Nelson Land District, containing thirty-two and a half perches, as the same is delineated on a plan marked PWD 34419, deposited in the Head Office, Public Works Department, Wellington, and thereon edged red.

51 Excluding certain land from Reefton Domain, and vesting such land in Corporation of Inangahua County for recreation purposes
  • Whereas by the Reefton Recreation Reserve Act 1909 [Repealed], the land described in the Schedule thereto was vested in the Corporation of the County of Inangahua as a public reserve for recreation purposes: And whereas by section sixty of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1915, portion of the land hereinbefore referred to was vested in His Majesty the King to be included in and to form part of the Reefton Domain: And whereas the Inangahua County Council is desirous of having a portion of the area so included in the said domain revested in the Corporation of the said county for recreation purposes, and the Reefton Domain Board has given its consent to such revesting in the said Council: Be it therefore enacted as follows:—

    (1) The land hereinafter described is hereby vested in the Corporation of the County of Inangahua as a public reserve for recreation purposes.

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

    All that area in the Nelson Land District, containing by admeasurement eighteen and one-fifth perches, more or less, and being part of Section 1338 of the Town of Reefton: commencing at the westernmost corner of the said section; thence running in a south-easterly direction along the south-western boundary of the said section, 309.5 links; thence northerly along the western boundary of the Drill-shed Reserve (being Lot 1 of the said section), 75.8 links; thence westerly along the northern boundary of the said section, 300.1 links, to the commencing-point: be all the aforesaid linkages more or less: as the same is delineated on the plan marked L and S 1/32, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

52 Vesting certain land in the Spring Creek Road Board as an endowment
  • Whereas by deed dated the thirty-first day of October, eighteen hundred and seventy-six, and registered in the Deeds Registry Office at Blenheim under No 6409, the land described in subsection four hereof was conveyed to the Superintendent of the Province of Marlborough: And whereas by section nine of the Abolition of the Provinces Act 1875, the said land became vested in the Crown: And whereas since the date of its conveyance to the said Superintendent the said land has been administered by the Spring Creek Road Board, which at various times has applied the revenues received therefrom towards the maintenance of the Wairau Ferry and the Wairau Bridge: And whereas it is deemed expedient to vest the said land in the Corporation of the Spring Creek Road District: Be it therefore enacted as follows:—

    (1) The land hereinafter described is hereby vested in the Spring Creek Road Board in trust as an endowment, with power of sale as hereinafter provided; and the District Land Registrar, on being authorized so to do by a Warrant under the hand of the Governor-General, shall issue to the said Board a certificate of title in respect of the said land.

    (2) The said Board is hereby authorized either to sell the said endowment by public auction and to apply the proceeds of such sale towards the purchase of other land, or to exchange the said endowment for other land, provided that the land so acquired (whether by way of purchase or exchange as aforesaid) is not less in value than the said endowment and is suitable for a domain and recreation purposes.

    (3) Any land acquired under the provisions of the last preceding subsection shall be deemed to be vested in the Corporation of the Spring Creek Road District in trust for a domain and recreation purposes.

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

    All that area in the Marlborough Land District, containing by admeasurement ten acres and twenty-five perches, being now Section 1, Block XI, Cloudy Bay Survey District, and formerly part of Section 50, District of Wairau West: bounded as follows—towards the north-west by Sections 56 to 79 (inclusive) shown on a plan of subdivision of Section 50, Wairau West, and by the abuttal of a public road 100 links wide, 2460 links; towards the south-west by Section 56 aforesaid, 255.4 links; again to the north-west by a public road, 106.4 links; towards the north-east by a public road, 319.7 links and 238.6 links; towards the south-east, again to the north-east and north-west by part of Section 50, Wairau West, 248.1 links, 350 links, and 279 links respectively; again towards the north-east by a public road, 113.7 links; and towards the south generally by Section 44, Wairau West, 3003 links; be all the aforesaid linkages more or less: as the same is delineated on the plan marked L and S 6/9/18, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

53 Closing and sale of portion of Tinline Road, Marlborough Land District
  • Whereas the road hereinafter referred to is in excess of one chain in width, and it is desirable to close portion of the same and to dispose of the said closed portion under the Land Act 1908: Be it therefore enacted as follows:—

    (1) The hereinafter-described portion of the Tinline Road is hereby closed, and the land comprised therein is hereby declared to be Crown land available for disposal under the Land Act 1908.

    (2) The portion of the said road hereby closed is particularly described as follows:—

    All that parcel of land in the Marlborough Land District, situated in Block VIII, Heringa Survey District, originally shown as a public road, and containing by admeasurement an area of one acre, more or less: commencing at the northernmost corner—bounded towards the north-east by the abuttal of a public road and by Section 18, Block VIII aforesaid, 140 links and 113.8 links respectively; towards the south-east and south-west by a public road, 490.5 links and 210 links respectively; and towards the north-west by a road reserve one chain wide along the bank of the Tinline River to the point of commencement: as the same is delineated on the plan marked L and S 16/708, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered green.

54 Authorizing Kaikoura Domain Board to expend certain moneys on Kaikoura Domain
  • Notwithstanding anything in section thirty-seven of the Public Reserves and Domains Act 1908, it shall be lawful for the Kaikoura County Council, in its capacity as the Kaikoura Domain Board, to expend on the management, administration, and improvement of the Kaikoura Domain revenue received by it in its capacity as the Monkey Face Domain Board in respect of the leasing of lands forming part of the Monkey Face Domain.

55 Closing road along Conway River, Marlborough Land District, and authorizing disposal thereof
  • Whereas the road along the Conway River giving access to Sections 64 and 81, Green Hills Run, Kaikoura District, is not required for the purpose for which it was originally intended: And whereas the aforesaid sections are now included in the Goat Hills Settlement, and it is desirable that the said road shall be closed and included in the said settlement: Be it therefore enacted as follows:—

    (1) Notwithstanding anything in section one hundred and thirty of the Public Works Act 1908, the road hereinafter described is hereby closed, and the land comprised therein is hereby declared to be Crown land available for disposal under the Land for Settlements Act 1908.

    (2) The road hereby closed is particularly described as follows:—

    All that area in the Marlborough Land District, containing by admeasurement eleven acres two roods, more or less, situated in Block VII, Hundalee Survey District, being a road reserve along the left bank of the Conway River fronting an intersecting road, and Sections 64 and 81, Green Hills Run, Kaikoura District; as the same is delineated on the plan marked L and S 21/262, deposited at the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured green.

56 Local authorities in Westland Provincial District may contribute to funds of Canterbury Progress League (Incorporated)
  • It shall be lawful for any local authority the district of which is within or partly within the Provincial District of Westland to contribute out of its general fund or account such sum in any year as the local authority may think fit as a subscription to the funds of the Canterbury Progress League (Incorporated).

57 Vesting certain lands in Grey Hospital and Charitable Aid Board in trust as site for a hospital
  • Whereas by section two of the University Endowment Act 1868 [Repealed], the reservation as an endowment for a Colonial University of the land described in subsection two hereof was confirmed: And whereas section thirty-three of the New Zealand University Act 1908 [Repealed], provides that land so reserved shall remain vested in the Crown until the application of such land to any purpose is determined by Act, and that it shall not be lawful for the Governor-General to change the specific purpose for which such land has been reserved: And whereas the said land and an adjoining street hereinafter described have been used for many years as a site for the Greymouth Hospital, and it is deemed expedient to vest the said lands in the Grey Hospital and Charitable Aid Board: Be it therefore enacted as follows:—

    (1) The reservation as an endowment for University purposes of the land described in subsection two hereof is hereby cancelled, and the street described in subsection three hereof is hereby stopped, and the said lands which are described in the said subsections are hereby declared to be reserved as a site for a hospital, and to be vested in trust for that purpose in the Grey Hospital and Charitable Aid Board.

    (2) The University reserve hereinbefore referred to is particularly described as follows:—

    All that area in the Town of Greymouth, being Reserve No 28, containing by admeasurement five acres, be the same a little more or less, and bounded as follows: On the north by University Street, 552 links; on the east by Railway Reserve No 24, 529 links; on the south-east by High Street, 266 links; on the south by Collingwood Street, 672 links; and on the north-west by Water Walk, 801 links: as the same is delineated on the plan marked L and S 22/2402A, deposited at the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

    (3) The stopped street hereinbefore referred to is particularly described as follows:—

    All that area in the Town of Greymouth, known as University Street, containing by admeasurement two roods six perches, be the same a little more or less, and bounded as follows: On the north by Reserve No 47, 532 links; on the east by Railway Reserve No 24, 100 links; on the south by Reserve No 28, 552 links; and on the west by Water Walk, 102 links: as the same is delineated on a plan marked L and S 22/2402B, deposited at the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

58 Making additional provision for administration of Brunner Mine Disaster Relief Fund
  • Whereas during the year eighteen hundred and ninety-six there was raised by way of public subscription in New Zealand and Australia a sum of sixty-two thousand two hundred and ninety-five dollars and eighty-five and five-sixths cents (hereinafter referred to as the Relief Fund) for the relief of the widows and children of the miners killed in what was known as the Brunner Mine disaster: And whereas the manner in which the Relief Fund was to be applied for the purposes aforesaid was settled and determined by a certain instrument of trust (hereinafter referred to as the trust instrument): And whereas it was provided by the trust instrument that the Relief Fund should be vested in and held by the Public Trustee upon the trusts declared and contained in the trust instrument: And whereas provision was made in the trust instrument for the appointment of, and there was duly appointed thereby, an advisory Board the function and duties of which were to advise and assist the Public Trustee in the administration of the Relief Fund: And whereas by paragraph numbered 3 in the said trust instrument an amount of six thousand dollars of the Relief Fund was directed to be set aside and appropriated to the purposes more particularly described in the said paragraph: And whereas provision was made in the trust instrument that in the event of the total failure or extinction of all the objects of the trust instrument new objects therefor were to be appointed by the General Assembly of the Dominion of New Zealand: And whereas it has now been found desirable and expedient—firstly, that the appointment of the advisory Board should be abrogated and annulled; and, secondly, that the appropriation of the said sum of six thousand dollars should be cancelled and annulled, so that the same might be made available for all the purposes generally of the trust instrument; and, thirdly, that, in the event of the total failure or extinction of the objects of the trust instrument, new objects therefor should be appointed by the Governor-General in Council, instead of by the said General Assembly of the Dominion of New Zealand: Be it therefore enacted as follows:—

    (1) The appointment of the said advisory Board is hereby abrogated and annulled, and the trust instrument shall henceforth be read in all respects as if no mention had been made therein of any such advisory Board, or of any of its powers, functions, or duties, or of the necessity for the Public Trustee to ask for or have the advice, assent, assistance, concurrence, or co-operation whatsoever of any such advisory Board.

    (2) The appropriation of the said sum of six thousand dollars is hereby cancelled and annulled, and that so much thereof as now remains, together with any interest which may have accrued thereon, shall henceforth be made available for and applied to all the purposes generally of the trust instrument, including the purposes mentioned in the said paragraph numbered 3, but so that it shall be in the absolute discretion of the Public Trustee as to what amount or amounts, and when, he shall apply the same to the purposes last mentioned.

    (3) In the event of the total failure or extinction of the objects of the trust instrument new objects therefor shall be appointed by the Governor-General in Council, and not by the General Assembly of the Dominion of New Zealand.

    The words sixty-two thousand two hundred and ninety-five dollars and eighty-five and five-sixths cents and six thousand dollars, were substituted, as from 10 July 1967, for the words thirty-one thousand one hundred and forty-seven pounds eighteen shillings and seven pence and three thousand pounds, pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

59 Authorizing license as site for tramway over portion of Reserve 1189, Westland Land District
  • Whereas it is desirable to grant to Stuart and Chapman (Limited) a license, as a site for a tramway, over portion of Scenic Reserve No 1189, situated in Block XII, Waitaha Survey District, in the Westland Land District: And whereas there is no power to grant a license as a site for a tramway over any portion of the said reserve: Be it therefore enacted as follows:—

    The Westland Land Board may issue to Stuart and Chapman (Limited) a license to occupy a portion of the reserve hereinbefore referred to as a site for a tramway in the same manner and subject to the same terms and conditions as if the said license were a license issued under section three hundred and seven of the Land Act 1908.

60 Vesting certain land in Corporation of Borough of Rangiora
  • Notwithstanding anything to the contrary in the deed of conveyance registered in the Deeds Registry Office at Christchurch as No 36403, the surviving trustees under the said deed of conveyance and a deed of appointment registered as No 107759 in the same registry are hereby empowered to convey, without consideration, all that parcel of land, containing by admeasurement one rood, being part Rural Section 53, as the same is particularly described in the said deed of conveyance, together with all improvements thereon, to the Corporation of the Borough of Rangiora freed and discharged from all trusts affecting the same.

61 Changing purpose of certain land at Burnham, in Canterbury Land District, from a site for an orphanage to an historic reserve
  • Whereas by a notice published in the Canterbury Provincial Gazette of the fifth day of January, eighteen hundred and seventy-one, Reserve 1160, situated in Block II, Leeston Survey District, in the Canterbury Land District, containing an area of two hundred and twenty-three acres, was permanently reserved as a site for an orphanage: And whereas that part of the said reserve hereinafter described is of historic interest as comprising the site of the astronomical observation station at Burnham used in connection with the transit of Venus in the year eighteen hundred and seventy-four, and it is deemed advisable accordingly to set it apart as an historic reserve: Be it therefore enacted as follows:—

    (1) The reservation as a site for an orphanage over the land hereinafter described is hereby cancelled, and the said land is hereby declared to be an historic reserve subject to the provisions of the Reserves Act 1977.

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

    All that area in the Canterbury Land District, containing by admeasurement three roods thirty-six perches, and being Reserve 4036 (formerly part of Reserve 1160), situated in Block II, Leeston Survey District: bounded towards the north by a public road, 384.3 links; towards the east, south, and north-west by other part of Reserve 1160, 363.8 links, 161.8 links, and 417.5 links respectively: as the same is more particularly delineated on the plan marked L and S 22/2050, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

    A reference to the Reserves and Domains Act 1953 was substituted, as from 1 April 1954, for a reference to the Scenery Preservation Act 1908 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).

62 Validating loan of $14,000 raised by Waimairi County Council without lawful authority
  • Whereas on the twenty-seventh day of August, nineteen hundred and eighteen, the Waimairi County Council, purporting to act under and in accordance with the provisions of the Local Bodies Loans Act 1913, caused to be taken a poll upon a proposal to raise a special loan of fourteen thousand dollars upon the security of a special annually recurring rate of five-one hundred and ninety-secondths of a cent in the dollar upon the capital value of all rateable property situate in the County of Waimairi Special-rating Area for the purpose of completing the installation of electric mains, public lamps, and other purposes: And whereas the said proposal was duly carried, and the loan was raised: And whereas the said Council had, prior to the raising of the said loan, constructed the said public work and had paid for the same by means of an overdraft: And whereas the said Council, when the said loan was raised, applied the moneys in repayment of the said overdraft: And whereas the said works having been constructed and paid for before the said Council purported to raise the said loan the said Council had no legal power or authority to raise the same: And whereas it is expedient that the said Council should be empowered, and the said loan validated, as hereinafter appearing: Be it therefore enacted as follows:—

    (1) The said loan shall be deemed to have been lawfully raised, and the said Council shall at all times be deemed to have been lawfully entitled to apply the moneys resulting therefrom in payment of the overdraft incurred for the purpose of the said public work; and the said loan shall at all times be and be deemed to be in all respects and for all purposes as valid and effectual as though raised and applied for purposes whereunto the said Council was duly authorized by the provisions of the Local Bodies Loans Act 1913.

    (2) It shall be lawful and be deemed to have been at all times lawful for the said Council for the purpose of repaying the said loan, and for the payment of interest thereon, to make, levy, and enforce payment of the special rate made as security therefor as though the said special loan and the proceedings preliminary to the raising thereof were in every way valid and effectual and fully authorized under the Local Bodies Loans Act 1913.

    The words fourteen thousand dollars and five-one hundred and ninety-secondths of a cent in the dollar were substituted, as from 10 July 1967, for the words seven thousand pounds and one-sixteenth of a penny in the pound pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

63 Change of purpose of Reserve 289, Canterbury Land District, from a powder-magazine reserve to a plantation reserve
  • The reservation for the purposes of a powder-magazine over Reserve 289, situated in Block I, Pigeon Bay Survey District, Canterbury Land District, and containing by admeasurement three acres one rood twenty-five perches, is hereby cancelled, and the said land is hereby set apart as a plantation reserve.

64 Authorizing Akaroa High School Board to establish hostels for pupils
  • [Repealed]

    Section 64 was repealed, as from 25 October 1930, by section 53(3) Finance (No 2) Act 1930 (1930 No 40).

65 Amalgamating Temuka and Arowhenua Domains, to be known as Temuka Domain
  • (1) The public domains known as the Temuka Domain and the Arowhenua Domain, being the lands hereinafter respectively described, are hereby amalgamated, and shall henceforth be known as the Temuka Domain.

    (2) The Temuka Borough Council for the time being shall be the Domain Board of the Temuka Domain hereby constituted as if it had been duly appointed as such pursuant to the provisions in that behalf of section forty-seven of the Public Reserves and Domains Act 1908.

    (3) The land formerly known as the Temuka Domain is more particularly described as follows:—

    All that area in the Canterbury Land District, containing by admeasurement one hundred and thirty-three acres, more or less, being Reserve No 307, situated in the Borough of Temuka, and bounded northward by High Street, eastward by the Taumatakaku Creek, southward by Reserve No 1073, and westward by the Great Southern Railway Reserve; save and excepting thereout Reserve No 277, which is included in the above-described boundaries; as the same is delineated on the plan marked L and S 1195, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered pink:

    Also all that area in the Canterbury Land District, containing by admeasurement fifty acres, more or less, being Reserve No 1561, Block XVI, Opihi Survey District, and bounded northward by Lot 21, Rakitairi Settlement; eastward by Rural Section 19012; southward by Rural Section 19010; and westward by a public road: as the same is delineated on the plan marked L and S 1195A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered pink.

    (4) The land formerly known as the Arowhenua Domain is more particularly described as follows:—

    All that area in the Canterbury Land District, containing by admeasurement ten acres two roods thirty-eight perches, being Sections 3003, 3004, 3005, 3006, 3007, 3008, 3009, 3010, 3011, 3012, 3013, and 3412, in the Township of Arowhenua; as the same are delineated on the plan marked L and S 1123, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured red.

66 Authorizing Mount Somers Domain Board to erect a public hall
  • (1) The Mount Somers Domain Board constituted pursuant to Part 2 of the Public Reserves and Domains Act 1908, is hereby authorized and empowered to erect a public hall on such part of the said domain as may be approved by the Minister of Lands.

    (2) The said Board may expend in respect of the cost of erection of the said public hall an amount not exceeding one thousand six hundred dollars, and any payment heretofore made by the Board for the said purpose shall be deemed to have been made under the authority of this section.

    (3) The said Board may charge for the hire, letting, or use of the said hall, and for admission thereto, such rent or rates as it may from time to time fix by resolution.

    Section 66 was amended, as from 1 October 1925, by section 55 Reserves and Other Lands Disposal and Public Bodies Empowering Act 1925 (1925 No 46) by substituting the words eight hundred pounds for the words seven hundred pounds.

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

67 Authorizing Dunedin Savings-bank Trustees to make a donation towards upkeep of Children's Hospital at Caversham
  • The Trustees of the Dunedin Savings-bank are hereby authorized to give and pay to the Otago Hospital and Charitable Aid Board, out of the profits of the said savings-bank, the sum of one thousand dollars as a donation towards the funds of the said Board, and the said donation shall be available as income for the upkeep of the Children's Hospital at Caversham, anything in any Act to the contrary notwithstanding.

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

68 Applying certain provision of Health Act 1920, to Dunedin Drainage and Sewerage Board
  • Whereas by the Dunedin District Drainage and Sewerage Act 1900, a drainage and sewerage district was constituted, and provision made for the extension thereof: And whereas by virtue of section nineteen of the said Act all the powers respecting drainage and sewage conferred by statute on Municipal Corporations or the Councils thereof and vested in the City of Dunedin or any of the boroughs comprised in the said district were vested in the Dunedin Drainage and Sewerage Board, a body corporate constituted by the said Act: And whereas it is expedient that section twenty-four of the Health Act 1920, shall apply to the said Board to the extent hereinafter mentioned: Be it therefore enacted as follows:—

    The Dunedin Drainage and Sewerage Board shall be deemed to be a local authority within the meaning and for the purposes of section twenty-four of the Health Act 1920, so far as the same relates to sanitary works within the jurisdiction of the said Board.

69 Otago Harbour Board authorized to erect automatic light on a scenic reserve
  • Whereas by a Proclamation published in the Gazette of the tenth day of August, nineteen hundred and five, Section 50, Block V, North Harbour and Blueskin Survey District, in the Otago Land District, was permanently reserved as a scenic reserve under the Scenery Preservation Act 1908: And whereas the Otago Harbour Board is desirous of erecting an automatic light upon Heyward Point which is part of the said scenic reserve: And whereas for the purpose of the safe navigation of vessels entering Otago Harbour it is desirable that authority be given for the erection of such a light: Be it therefore enacted as follows:—

    The Otago Harbour Board is hereby authorized to erect and maintain an automatic light upon such portion of the said reserve as may be considered most convenient for the purpose.

70 Vesting certain land in Township of Shiel Hill in Otago Education Board
  • Whereas the parcel of land situate in the Township of Shiel Hill, being that part of Hamilton Street shown on the plan of the said township deposited in the Deeds Registry Office at Dunedin as No 114, lying to the south-east of Allotments 14, 15, 16, 17, and 18 on the said plan, and being between the said allotments and Allotments 19, 20, 21, 22, 23, and part of Allotment 24 on the said plan, is not required as a road or street, and it is desired to vest the same in the Education Board of the District of Otago: Be it therefore enacted as follows:—

    That part of Hamilton Street hereinbefore described is hereby vested in the Education Board of the District of Otago, and the District Land Registrar of the Otago Land Registration District shall accordingly, on the application of the said Board, and on being authorized so to do by a Warrant in that behalf under the hand of the Governor-General, issue a certificate of title for the said land to the said Board.

71 Authorizing Alexandra Borough Council to transfer land to Otago Education Board as a site for a technical school
  • (1) The Alexandra Borough Council may transfer to the Education Board of the District of Otago the land hereinafter described as a site for a technical school.

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

    All that parcel of land situated in the Town of Alexandra, containing by admeasurement two roods, be the same a little more or less, being Sections 14 and 15, Block IV, on the public map of the said town, and being part of the land comprised in certificate of title, Register-book, Volume 106, folio 104, Otago Lands Registry.

72 Changing purpose of reserves vested in Queenstown Borough Council
  • Whereas the several parcels of land hereinafter described are vested in the Corporation of the Borough of Queenstown in trust as a water reserve for the use of the inhabitants of the Town of Queenstown: And whereas it is desirable to change the purpose of each of the said reserves, and to authorize the Queenstown Borough Council to let or lease the whole or any part of the said lands: Be it therefore enacted as follows:—

    (1) The purpose of each of the said reserves hereinafter described is hereby changed, and the said reserves are hereby declared to be vested as a municipal endowment in the Corporation of the Borough of Queenstown.

    (2) Every lease of the said lands or any part thereof made and entered into by the said Queenstown Borough Council is hereby validated.

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

    Sections 7, 12, and 13, Block XXXV, Town of Queenstown, containing by admeasurement two roods thirty-one perches, being all the land comprised and described in certificate of title entered in the Register-book at Dunedin, Volume 72, folio 269:

    Sections 1, 6, 7, and 8, Block XLIV, Town of Queenstown, containing by admeasurement two roods twenty perches, being all the land comprised and described in certificate of title entered in the Register-book at Dunedin, Volume 72, folio 268:

    Sections 7 and 11, Block XLV, Town of Queenstown, containing by admeasurement two roods twenty-eight perches, being all the land comprised and described in certificate of title entered in the Register-book at Dunedin, Volume 72, folio 267.

73 Special provision for use of certain loans raised by Invercargill Borough Council
  • Whereas the Invercargill Borough Council, in pursuance of subsection seven of section twenty-seven of the Municipal Corporations Amendment Act 1910, and upon the authority of a poll of ratepayers taken on the ninth day of January, nineteen hundred and fourteen, issued a loan of four thousand dollars for providing funds for making advances to owners of premises within that area of the Borough of Invercargill described in the proposal for the said loan, and known for the purposes of the loan as the inner area, for providing private drains: And whereas the said Council, also in pursuance of subsection seven of section twenty-seven of the Municipal Corporations Amendment Act 1910, and upon the authority of a poll of the ratepayers taken on the fourth day of October, nineteen hundred and sixteen, issued a loan of four thousand dollars for providing funds for making advances to owners of premises within that area of the Borough of Invercargill described in the proposal for the said loan, and known for the purposes of the said loan as the town area, for providing private sanitary drains: And whereas each of the said loans was secured by a special rate over the area in respect of which it was raised: And whereas it is desirable to empower the said Council to use and appropriate the proceeds of such loans for advances under the said section twenty-seven of the Municipal Corporations Amendment Act 1910, to owners of premises in any part of the said borough, and to make special provision for interest and sinking-fund charges in respect of the said loans: Be it therefore enacted as follows:—

    (1) The Invercargill Borough Council is hereby authorized to use and appropriate the whole or any part of the moneys arising from either or both of the said loans for advances to owners of premises in any part of the Borough of Invercargill for private sanitary drains in accordance with the provisions of section twenty-seven of the Municipal Corporations Amendment Act 1910, or of the corresponding provisions of the Municipal Corporations Act 1920.

    (2) The said Council may from time to time make and levy any rate or rates for providing interest and sinking funds in respect of the said loans in accordance with the aforesaid polls upon all the rateable property of the Borough of Invercargill, or of any part of the borough which the Borough Council may define as the area to which such advances as aforesaid shall extend.

    (3) While rates are made and levied under the last preceding subsection it shall not be necessary to levy the respective special rates made in respect of the said loans, but nothing in this section shall so operate as to affect the security afforded to any person by the said special rates.

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

74 Validating loan of $3,000,000 raised by Southland Electric-power Board
  • Whereas the Southland Electric-power Board proposes to undertake the generation and distribution of electric energy throughout the Southland Electric-power District from Monowai River and Lake: And whereas the said Board is empowered under the Electric-power Boards Act 1918, to borrow such sums as are necessary for the undertaking in the manner prescribed by the Local Bodies Loans Act 1913: And whereas on the twenty-seventh day of March, nineteen hundred and twenty, the said Board, purporting to act under the authority and in accordance with the provisions of the Electric-power Boards Act 1918, and the Local Bodies Loans Act 1913, caused to be taken a poll of the ratepayers of the Southland Electric-power District upon a proposal to raise a special loan of three million dollars for the purpose of the said undertaking: And whereas the said proposal was duly carried, the number of votes recorded for the proposal being six thousand one hundred and fifty-six, and against the proposal four hundred and fifteen: And whereas there being no provision in the Electric-power Boards Act 1918, for compiling a ratepayers roll of an electric-power district the said poll was taken on the combined ratepayers rolls of all the constituent districts: And whereas doubts have arisen as to the legality of the proceedings in taking such poll, and it is expedient that such doubts should be removed and the said poll validated: Be it therefore enacted as follows:—

    The proceedings in taking the poll of the ratepayers of the Southland Electric-power District on its proposal to raise a loan of three million dollars and the said poll are hereby validated, and the validity of the said proceedings or of the security for any loan raised pursuant to the said poll shall not be questioned on the ground of any irregularity or defect in such proceedings, and the said Board is and is hereby deemed to have been duly authorized to raise the said loan.

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

75 Authorizing issue to Southland Boys' and Girls' High Schools Board of certificate of title in respect of certain land
  • Whereas by Proclamation published in the Gazette of the twentieth day of November, nineteen hundred and nineteen, the stopped road hereinafter described was declared to be Crown land: And whereas the said land intersects Section 9, Block XXVII, Wairaki Survey District, which is vested in the Southland Boys' and Girls' High Schools Board under the Southland Boys' and Girls' High Schools Act 1877 [Repealed]: And whereas it is deemed expedient to issue to the aforesaid Board a title in respect of the said Crown land: Be it therefore enacted as follows:—

    (1) The District Land Registrar for the Land Registration District of Southland is hereby empowered and directed, subject to a Warrant in that behalf under the hand of the Governor-General, to issue to the said Southland Boys' and Girls' High Schools Board a title in respect of the aforesaid Crown land.

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

    All that area in the Southland Land District, containing by admeasurement thirty-four perches, more or less, being Section 9X, Block XXVII, Wairaki Survey District, being the closed road declared to be Crown land; as the same is delineated on the plan marked L and S 16/688, deposited at the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured green.

76 Vesting certain land in Riverton Harbour Board
  • Whereas by notice published in the Southland Provincial Gazette of the twenty-second day of June, eighteen hundred and sixty-nine, the land hereinafter described was reserved for the purposes of a pilot-station and lighthouse: And whereas it is desirable to vest the said land in the Riverton Harbour Board: Be it therefore enacted as follows:—

    (1) The land hereinafter described is hereby vested in the Riverton Harbour Board in trust, without power of sale, as a harbour endowment, and the District Land Registrar for the Land Registration District of Southland is hereby empowered and directed, subject to a Warrant in that behalf under the hand of the Governor-General, to issue a certificate of title in respect of the said land in favour of the said Board in trust as an endowment:

    Provided that in the event of the dissolution of the said Board the title to the said land shall thereupon (without further authority than this section) revert to the Crown.

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

    All that parcel of land in the Southland Land District, containing by admeasurement thirteen acres two roods ten perches, more or less, being Section 30, Block II, Jacob's River Hundred, bounded as follows: Commencing at the most southerly corner of Section 29, Block II, Jacob's River Hundred—bounded by a line bearing 32° 37′ for a distance of 1004 links; thence bounded towards the south-west by a public road to its intersection with the road along the margin of Foveaux Strait; thence towards the north and east generally by the said road along the margin of Foveaux Strait to the north-eastern boundary of Section 1, Block II, Jacob's River Hundred; thence towards the south-west by the said Section 1, 857 links, to the point of commencement: excepting therefrom the public road intersecting the area herein described: as the same is delineated on the plan marked L and S 6/10/5, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

77 Closing portion of river-bank road along Waiau River, Southland Land District, and authorizing disposal thereof
  • Whereas the river-bank road situated between Section 48, Block III, Alton Survey District, and the Waiau River is in excess of one chain in width, and it is desirable to close portion of the same, and to dispose of the said closed portion under the Land Act 1908: Be it therefore enacted as follows:—

    (1) Notwithstanding anything in section one hundred and thirty of the Public Works Act 1908, the hereinafter-described portion of the aforesaid river-bank road is hereby closed, and the land comprised therein is hereby declared to be Crown land available for disposal under the Land Act 1908.

    (2) The portion of the aforesaid road hereby closed is particularly described as follows:—

    All that area in the Southland Land District, containing by admeasurement eleven and two-fifths perches: starting at the north-east corner peg of Section 48, Block III, Alton Survey District, and bounded as follows: On the north by the Main Tuatapere-Alton Road, 43.1 links, bearing 110° 26′ 30″; on the east by the remaining portion of the river-bank road, 331.6 links, bearing 200° 26′ 30″; and on the west by Section 48 aforesaid, 334.4 links, bearing 13° 2′, to the starting-point: as the same is delineated on the plan marked L and S 16/364, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured green.

78 Reservation over lands described in Schedule 1 cancelled, and lands declared Crown lands
  • The reservation over the several parcels of land described in Schedule 1 hereto for the several purposes specified in that Schedule is hereby cancelled, and the said lands are hereby declared to be Crown lands available for disposal under the Land Act 1908.

79 Authorizing transfer of Veterans' Home, Auckland, to Auckland Provincial Patriotic and War Relief Association (Incorporated)
  • Whereas pursuant to a deed of trust dated the seventeenth day of March, nineteen hundred and three, certain property was vested in trustees in trust for the establishment of an institution to be called the Veterans' Home, the object of which was and is to provide a home for indigent, aged, or infirm sailors and soldiers of the Imperial and Colonial Forces residing in New Zealand who have rendered good service to their Sovereign and country and who are incapable of earning a living, and also for giving outdoor relief to any persons of the aforesaid classes and descriptions, and to infirm and indigent wives and widows of such persons as aforesaid: And whereas the purposes of the said deed of trust have been duly carried out by the trustees, and the board of management constituted pursuant to the said deed, and their successors in office: And whereas the said trustees and board of management have expressed a desire to be freed from the obligations of their trust, and to transfer the same to the Auckland Provincial Patriotic and War Relief Association, a society incorporated under the War Funds Act 1915: And whereas the said association has duly altered and enlarged its rules to enable it to acquire and maintain the aforesaid institution to be held and managed by the association, firstly, for the maintenance, relief, and benefit of veterans of wars prior in date to nineteen hundred and fourteen, and, secondly, for the maintenance, relief, and benefit of such members of the New Zealand Expeditionary Force as the association may consider it desirable to admit thereto: And whereas it is expedient to authorize the conveyance, transfer, and assignment of the said trust as aforesaid: Be it therefore enacted as follows:—

    The trustees of the Veterans' Home in office on the passing of this Act, or their successors in office, acting with the approval of the Governor-General in Council, and subject to such conditions as the Governor-General in Council may impose, may convey, transfer, and assign all real and personal property now vested in them pursuant to the deed of trust aforesaid to the Auckland Provincial Patriotic and War Relief Association (Incorporated), to be held in trust as nearly as may be for the purposes defined in the aforesaid trust deed and its amendments, and for the purposes defined in the rules of the said association as at the passing of this Act, in so far as they relate specifically to the Veterans' Home.

80 Giving effect to a certain arrangement between the Crown and Natives respecting Puketotara Block, in North Auckland Land District
  • [Repealed]

    Section 80 was repealed, as from 1 January 1932, by section 558 Native Land Act 1931 (1931 No 31).

81 Giving effect to a certain arrangement between the Crown and Natives respecting Kapowai Block, in North Auckland Land District
  • [Repealed]

    Section 81 was repealed, as from 1 January 1932, by section 558 Native Land Act 1931 (1931 No 31).

82 Vesting certain land in North Auckland Land District in Presbyterian Church Property Trustees
  • (1) The reservation for the purpose of a public cemetery over the land hereinafter described is hereby cancelled, and the said land is hereby vested in the body corporate known as the Presbyterian Church Property Trustees constituted under the Presbyterian Church Property Act 1885, together with the church or buildings erected thereon, to be held by the said trustees upon the trusts as set forth and declared in and by the said Act.

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

    All that area, containing one rood thirty-eight and six twenty-fifths perches, more or less, situate in the North Auckland Land District, being part of Allotment 23B of the Parish of Whangarei: bounded towards the north-east by a public road, 198 feet; towards the south-east by other part of said Allotment 23B, 110 feet; towards the south-west by other part of said Allotment 23B, 198 feet; and towards the north-west by Allotment 23A (school reserve), 110 feet: as the same is delineated on a plan marked L and S 2/331, deposited at the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

83 Authorizing Whangarei High School Board to borrow moneys from the Public Trustee
  • Whereas by the Whangarei High School Act 1878 [Repealed], a parcel of land, known as the Kioreroa Block, comprising three thousand eight hundred and ninety-one acres or thereabouts, and more particularly described in the Schedule to the said Act, was vested in the Corporation of the Whangarei High School Board (hereinafter referred to as the Board) as an endowment in aid of establishing and maintaining a high school in the County of Whangarei: And whereas the said school has been established, and is a high school within the meaning of the Education Reserves Act 1908, and the Board is a trustee within the meaning of the same Act: And whereas by section seventeen of the last-mentioned Act as amended by section two of the Education Reserves Amendment Act 1913, it is provided that the trustees of any high school may from time to time, with the sanction of the Governor-General, borrow money on the security of the rents and profits of the lands vested in them, but not at a higher rate of interest than five and a half per centum per annum: And whereas the Board is desirous of borrowing from the Public Trustee the sum of four thousand dollars on the security of the rents and profits of the said Kioreroa Block, but the security is not within the classes of investment on which the Public Trustee is empowered to invest by the Public Trust Office Act 1908: And whereas it is expedient to empower the Public Trustee to invest the said sum on the said security: Be it therefore enacted as follows:—

    (1) The Board, with the sanction of the Governor-General, may borrow from the Public Trustee, and he may lend to the Board, the sum of four thousand dollars on the security of the rents and profits of the said Kioreroa Block at interest at the rate of five and a half per centum per annum, and for such term of years and upon such conditions as the Board with such sanction as aforesaid and the Public Trustee may agree upon.

    (2) If the Public Trustee shall grant the said loan, the instrument or instruments of security may be in such form, and may confer on him such powers and remedies for raising and securing the payment of the principal and interest, and may contain such covenants, agreements, conditions, and provisions in every respect, as he shall require; and in particular any such instrument may empower him, in case of default in payment of any sum of interest or principal, or in the performance or observance of any of the covenants, agreements, conditions, or provisions contained or implied in any such instrument, to appoint a receiver of the said rents and profits.

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

84 Extending powers of Whangarei Borough Council
  • Whereas the Whangarei Borough Council (hereinafter referred to as the Council) has, in connection with its scheme for providing workers' dwellings, raised from the State Advances Office the sum of twenty thousand dollars for the erection of workers' dwellings, and contracted to purchase from the North Auckland Land Board certain standing and other timber in the Pukenui State Forest, and has paid out of the said loan certain moneys to the said Board on account of royalties for the said timber: And whereas the Council is desirous of having, in relation to its said scheme, the powers hereinafter set forth: And whereas doubts have arisen as to the validity of the aforesaid acts of the Council, and whether the Council could, but for this section, exercise the said powers: And whereas it is expedient to validate such acts, and to give to the Council the said powers: Be it therefore enacted as follows:—

    (1) The Council may from time to time—

    • (a) Purchase for cash or by payment of royalty or otherwise any standing or other timber. Any such purchase already made and the payment of any deposit already paid by the Council out of the said loan or otherwise in connection with any such purchase are hereby validated so far as the acts of the Council are concerned:

    • (b) Fell any standing timber purchased as aforesaid:

    • (c) Erect sawmills and saw any timber:

    • (d) Do any other acts for making any timber so purchased suitable for building purposes:

    • (e) Use any of such timber in erecting workers' dwellings, or sell any of such timber to workers or their contractors or builders for use in erecting workers' dwellings:

    • (f) Sell to such persons, and in such manner and on such terms and conditions, as the Council shall think fit any timber purchased as aforesaid (sawn or unsawn) that shall not for the time being be immediately required by the Council for use or sale under the last preceding paragraph.

    (2) The Council may use the net proceeds of sales under paragraph (f) of the last preceding subsection, and any of the loan-moneys already raised as aforesaid or hereafter to be raised for erecting workers' dwellings or for any purpose in connection with workers' dwellings, in or towards—

    • (a) Paying or recouping to the Council the purchase-moneys, royalties, and other moneys paid or payable by it on any purchase of timber under this section:

    • (b) Paying the cost of the erection of workers' dwellings or the cost of any other works referred to in this section, or making advances to workers to enable them to erect workers' dwellings or to acquire land and erect workers' dwellings thereon:

    • (c) Purchasing in manner aforesaid further standing or other timber, to be subject, when purchased, to the provisions of this section.

    (3) The Council may enter into any contracts for any of the purposes aforesaid, including contracts with workers or with their contractors or builders for or in relation to the erection for such workers of workers' dwellings out of advances made to them by the Council, and may take mortgage or other securities from workers for such advances.

    (4) Nothing in this section shall take away or lessen any power otherwise possessed by the Council.

    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).

85 Section 26 of Reserves and other Lands Disposal and Public Bodies Empowering Act 1916, amended
86 Governor-General may constitute two or more road districts in Waiheke Island
  • [Repealed]

    Section 86 was repealed, as from 1 April 1957, by section 453(1) Counties Act 1956 (1956 No 64).

87 Authorizing extension of limit of area of Manurewa Town District
  • Notwithstanding anything in the Town Boards Act 1908 [Repealed], limiting the area of a town district to two square miles, the Governor-General may, by Proclamation, enlarge the boundaries of the Manurewa Town District, but so that the said town district shall not exceed an area of three square miles.

88 Vesting certain land in Borough of Thames in the Auckland Land District
  • (1) The land hereinafter described is hereby vested in fee-simple in the Education Board of the District of Auckland in trust as a playground for the purposes of the Thames Central School; and the District Land Registrar of the Auckland Land Registration District is hereby authorized and directed, subject to a Warrant in that behalf under the hand of the Governor-General, to issue to the Education Board of the District of Auckland a certificate of title for an estate in fee-simple in the said land.

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

    All that piece or parcel of land in the Borough of Thames, containing one rood twenty-four perches, more or less, being Sections 369, 370, 371, 372, 369A, 370A, 371A, and 372A of the Township of Grahamstown: bounded towards the north by Sections 368 and 368A, 202.3 links; towards the east by Bella Street, 199.3 links; towards the south by Sections 373A and 373, 198.7 links; and towards the west by Alfred Street, 200.1 links: be the aforesaid linkages a little more or less: as the same is delineated on the plan marked L and S 22/1720, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged green.

    (3) The land to which this section relates is hereby excluded from the operation of the Mining Act 1908.

89 Vesting certain land in the Corporation of the Borough of Thames
  • Whereas the lands hereinafter described are now vested in the Crown: And whereas the Thames Borough Council recently agreed with the Minister of Mines, acting on behalf of His Majesty the King, for the acquisition of the said lands, together with the several buildings and erections thereon, and the rights and appurtenances thereto belonging: Be it therefore enacted as follows:—

    (1) The lands hereinafter described are hereby vested in fee-simple in the Corporation of the Borough of Thames, and the District Land Registrar of the Auckland Land Registration District is hereby authorized and directed, subject to a Warrant in that behalf under the hand of the Governor-General, to issue to the Corporation of the Borough of Thames a certificate of title for an estate in fee-simple in the said lands.

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

    • (a) All that area of land in the Auckland Land District, containing by admeasurement one rood thirty-one perches and two-fifths of a perch, being Allotments 623 to 629 both inclusive, and parts of Allotments 621, 622, 630, and 631, of the Township of Grahamstown; as the same is shown edged green on plan numbered Mines 1919/1438, and deposited at the Head Office, Mines Department, Wellington.

    • (b) All that area in the Auckland Land District, situated in Block IV, Thames Survey District, and known by the name of the Rangitoto Block, containing three roods twenty and one-fifth perches, more or less: bounded towards the north generally by stream boundary; towards the north-east by Te Kapua Block, 309 links; towards the south-east by Te Kapua No 1 Block, 159.2 and 30 links; and towards the south-west by lines, 122.2 links, 357.7 links, and 6 links: be all the aforesaid linkages more or less: as the same is shown edged red on the said plan numbered Mines 1919/1438, and deposited as aforesaid.

    • (c) All that area in the Auckland Land District, containing eight perches, more or less: bounded towards the north-east by the Waiokaraka Road, 126.03 links; towards the south by the stream boundary; towards the south-west by parts of Allotments 624 and 623 of the Township of Grahamstown, 18.8 links; towards the north-west by part of Allotment 630 of the aforesaid town, 51.8 links: as the same is edged red and marked Crown land on said plan numbered Mines 1919/1438.

    (3) The several pieces or parcels of land to which this section relates are hereby excluded from the operation of the Mining Act 1908.

    (4) There is also vested in the said Corporation of the Borough of Thames the several buildings known as the Thames Hauraki Pump Buildings, situated on the several pieces or parcels of land hereinbefore described, together with the overhead crane installed in the building known as the Pump Building.

    (5) The said lands and the several buildings thereon shall, for the purpose of the agreement of sale and purchase entered into between the said Council and the Minister of Mines, be deemed to be vested in the said Council upon the date of the certificate of title to be issued by the District Land Registrar as hereinbefore provided.

90 Vesting certain lands in Corporation of Borough of Paeroa as municipal endowments
  • (1) The areas of Crown land hereinafter described, situated within the Borough of Paeroa, are hereby vested in the Corporation of the Borough of Paeroa in trust for municipal purposes, subject to the following conditions:—

    • (a) The Paeroa Borough Council shall not at any time undertake, nor permit to be undertaken, upon the said lands or any part thereof any work which will, in the opinion of the Minister of Defence, interfere in any way with the use of the adjoining rifle range:

    • (b) The said Council shall, upon being notified so to do by the Minister of Defence, erect at its own sole cost a legal fence within the meaning of the Fencing Act 1908, upon each of the boundaries between the said lands and the said rifle range:

    • (c) The said Council shall hold the Minister of Defence indemnified against all and any claims arising out of the use of the adjoining land as a rifle range which may at any time be made by any person or persons to whom the said Council shall have granted the use or occupation of any portions of the said lands.

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

    All that area in the Auckland Land District, being Section 1, Suburbs of Paeroa, containing by admeasurement three acres two roods ten perches, more or less: bounded towards the north and north-east generally by Aorangi Block A, Section 1, 198.5 links, Aorangi Block B No 2, 551.5 links, 515.1 links, and 230.6 links, and Te Puru-o-te-Rangi No 2 Block, 329 links and 260 links; towards the south by Section 3 (rifle range), Suburbs of Paeroa, 1582.5 links; towards the west by Range Street, 833.6 links:

    Also all that area in the Auckland Land District, being Section 2, Suburbs of Paeroa, containing by admeasurement eight acres, more or less: bounded towards the north by Section 3 (rifle range), Suburbs of Paeroa, 1933 links; towards the east and south generally by Te Puru-o-te-Rangi No 2 Block, 6.5 links, 260 links, 176 links, 1282 links, and 304.5 links respectively; towards the west by Section 4, Block XXVII, Town of Paeroa, and Range Street, 588.9 links: be all the aforesaid linkages more or less:

    As the same are delineated on plan marked L and S 1913/1419, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

91 Governor-General may appoint a Commission to report as to the boundaries of certain counties
  • (1) The Governor-General may appoint a Commission, consisting of a District Court Judge and two other persons, to inquire and report to him as to what alterations (if any) of the boundaries of the counties of Awakino, Waitomo, Kawhia, Taupo West, Taupo East, Waipa, Raglan, and Kaitieke are desirable (or any other matters arising in connection with any such alteration of boundaries), or whether the boundaries of the counties of Taupo West and Taupo East should remain as at present constituted and the Counties Act be brought into operation therein; and whether the road districts in the County of Taupo West should be abolished, or whether any additional road districts should be constituted therein, 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, or he may do any other things deemed necessary arising out of such report.

    (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.

    (8) The references in this section to the Counties Act 1908, and its amendments shall be deemed to include, so far as may be necessary, references to the corresponding provisions of the Counties Act 1920.

    The reference to a District Court Judge was substituted for a reference to a Stipendiary Magistrate pursuant to section 18(2) District Courts Amendment Act 1979 (1979 No 125).

92 Extending time for holding general election, Mangaorongo Road Board
  • Whereas the Mangaorongo Road District was constituted under the provisions of section twenty-seven of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1916: And whereas the general election of the Board of such district should have been held in May, nineteen hundred and nineteen, as provided by section thirty-two of the Road Boards Act 1908, but was not so held: Be it therefore enacted as follows:—

    The Governor-General may appoint a date for the holding of a general election of the Mangaorongo Road Board, and the existing Board of the district shall continue and be deemed to be legally in office until the election of a new Board as provided herein.

93 Authorizing Raglan County Council to sell certain land
  • Whereas the Raglan County Council, exercising (by virtue of a certain Order in Council dated the twenty-seventh day of January, eighteen hundred and ninety-four) the powers of a Harbour Board in respect of the Whaingaroa Harbour, did by deed of conveyance, bearing date the eleventh day of May, nineteen hundred and twelve, registered in the Deeds Registry Office at Auckland under No 220077, acquire and become the owner in fee-simple of that piece of land, containing by admeasurement two roods, more or less, being Lot 11 of Section 5 of the subdivision known as Raglan East, being part of that block of land situated at Whaingaroa and granted by Crown grant registered in the Deeds Registry Office at Auckland under No 98G; the said piece of land being bounded towards the north by Section 12 of the said subdivision, 400 links; towards the east by Section 14 of the said subdivision, 125 links; towards the south by Section 10 of the said subdivision, 400 links; and towards the west by a street known as Rose Street, 125 links; together with all the rights and appurtenances thereunto belonging: And whereas the said County Council as aforesaid did by another deed of conveyance, bearing date the first day of November, nineteen hundred and thirteen, registered in the Deeds Registry Office at Auckland under No 231915, acquire and become the owner in fee-simple of that piece of land being Lots 12 and 13 of Section 5 of the subdivision known as Raglan East, being part of Section 35 of the Parish of Whaingaroa, and being part of the land described and included in Crown grant registered in the Deeds Registry Office at Auckland under No 98G—bounded towards the north by the Raglan Harbour; towards the east by Lily Street, 193 links; towards the south by Lots 14 and 11, 800 links; and towards the west by Rose Street, 85 links; together with all the rights and appurtenances thereunto belonging: And whereas such acquisition was for harbour purposes: And whereas the said pieces of land above mentioned are now no longer required for harbour purposes, and it is desirable that they should be sold: Be it therefore enacted as follows:—

    (1) The Raglan County Council is hereby authorized to sell by public auction, either in lots or as a whole, the said lands, and to convey and assure the same to a purchaser or purchasers; and for the purposes aforesaid, if it thinks fit, to subdivide the same into lots for sale, with power also to allow any portion of the purchase-moneys of the said land or any portion thereof to remain on mortgage on such terms as the said County Council thinks fit.

    (2) The proceeds of such sale shall be paid to the credit of the Whaingaroa Harbour Wharf Construction Account.

94 Authorizing Kawhia County Council to pay interest on a loan of $6,000 at rate of 5½ per cent
  • Whereas by a poll of the ratepayers of the Kawhia County taken pursuant to the Local Bodies Loans Act 1913, on the twentieth day of August, nineteen hundred and nineteen, the Kawhia County Council was authorized to borrow the sum of six thousand dollars, bearing interest at the rate of five and a quarter per centum per annum, for the purpose of purchasing roadmaking machinery and plant: And whereas debentures have been prepared and printed by the said Council, bearing interest at the said rate of five and a quarter per centum per annum, but up to the present none of the said debentures have been disposed of: And whereas the said Council has been unable to borrow the amount authorized at the said rate, and it is desired to authorize the Council to borrow the said money at a higher rate of interest without taking a further poll of the ratepayers: Be it therefore enacted as follows:—

    (1) It shall be lawful for the Public Trustee to lend to the Kawhia County Council the moneys hereinbefore referred to, or any portion thereof, anything to the contrary in the Local Bodies Loans Act 1913, notwithstanding.

    (2) The Kawhia County Council may borrow the said moneys from the Public Trustee, or from any other lender, at a rate of interest not exceeding five and a half per centum per annum, without taking a further poll of the ratepayers under the Local Bodies Loans Act 1913.

    (3) The said Council is hereby authorized to sell to the Public Trustee, and the Public Trustee is hereby authorized to purchase, the debentures hereinbefore referred to, at such price below par as will ensure to the Public Trustee a rate of interest thereon not less than five and a half per centum per annum.

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

95 Changing purpose of reservation over portion of secondary-education endowment in Block XII, Maungatautari Survey District, Auckland Land District
  • Whereas Section 10, Block XII, Maungatautari Survey District, is vested in the Crown in trust as an endowment for secondary education by section two of the Education Reserves Amendment Act 1910: And whereas portion of such section is required for the purposes of a road to give access to the Arapuni Dam: Be it therefore enacted as follows:—

    (1) All that parcel of land, containing two acres three roods thirty-eight and three-fifths perches, being portion of Section 10, Secondary Education Reserve, Block XII, Maungatautari Survey District, Auckland Land District, as shown on the plan marked PWD 49948, deposited in the office of the Minister of Public Works, at Wellington, and thereon coloured red, is hereby set apart for road purposes.

    (2) There shall be paid to the credit of the Auckland Provincial District Secondary Education Endowments Deposit Account, out of the Public Works Fund, such compensation as may be agreed upon between the Minister of Education and the Minister of Public Works. The Minister of Public Works shall also pay to the lessee and mortgagee such compensation as may be agreed upon or settled in accordance with the provisions of Part 3 of the Public Works Act 1908.

96 Setting apart certain lands as additions to Rotorua Public 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 operation of the Tourist and Health Resorts Control Act 1906 [Repealed]: 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 [Repealed].

    (2) The said lands are hereby set apart for the purpose of a public-school site and vested in the Education Board of the 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 nineteen and twenty-one hundredths perches, more or less, being portion of Block LVIII of the Town of Rotorua: bounded towards the north by other part of said recreation reserve, 235 links; towards the east by Section 3 of Block LVIII of the Town of Rotorua, 157.45 links; towards the south by part of said Block LVIII, 235 links; and towards the west by a line, 157.45 links:

    • (b) All that land in the Auckland Land District, contiguous to the before-described land, containing three roods and ninety-two hundredths of a perch, 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, 157.45 links; towards the south by other part of said Block LVIII, 480 links; and towards the west by part of the Pukeroa Recreation Reserve, 157.45 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 6/6/254, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged pink.

97 Exchanging for other land certain land reserved in Hawke's Bay Land District as an endowment for primary education
  • Whereas the land described in subsection four hereof has been acquired under the Land for Settlements Act 1908: And whereas the land described in subsection five hereof is a primary-education endowment vested in the Crown in accordance with section two of the Education Reserves Amendment Act 1910: And whereas it is desired to carry out an exchange affecting the said lands as hereinafter appears: Be it therefore enacted as follows:—

    (1) The land described in subsection four hereof is hereby reserved as an endowment for primary education.

    (2) The reservation over the land described in subsection five hereof is hereby cancelled, and the said land is hereby declared to be subject to the provisions of the Land Act 1948.

    (3) This section shall be deemed to have come into operation on the first day of June, nineteen hundred and twenty.

    (4) The land hereby reserved as an endowment for primary education is particularly described as follows:—

    All that area in the Hawke's Bay Land District, containing by admeasurement six hundred and twenty-eight acres, more or less, being Section 15, Block X, Taramarama Survey District, in the Land District of Hawke's Bay: bounded as follows — Commencing at the south-western corner of Block 24, Block X, Taramarama Survey District; bounded towards the north by Block 24, Block X, Taramarama Survey District, 3606.9 links; towards the north-east by Section 14S, Ardkeen Settlement, 5673.3 links; towards the south-east by a public road, 728.7 links, and Sections 16S, 1S, and 6S, Ardkeen Settlement, 9759.5 links; towards the south-west, north-west, and south-east generally by a public road to the Waikare-Taheke River, 10575.5 links; thence towards the west and north generally by the Waikare-Taheke River and a public road, 3674.2 links, to the point of commencement: be all the aforesaid linkages more or less: as the same is delineated on plan marked L and S 21/172, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

    (5) The land hereby declared to be subject to the provisions of the Land Act 1948, is particularly described as follows:—

    All that area in the Hawke's Bay Land District, containing by admeasurement six hundred and twenty-eight acres three roods twenty-four perches, more or less, being parts of Blocks 25, 26, and 27, Blocks X and XI, Taramarama Survey District, shown as Lots 1, 9, and 10 on a plan deposited in the Lands Registry, Gisborne, as No 2289, and bounded as follows: Commencing at the northernmost corner of Section 91, Wairoa Military Settlement; bounded towards the north by other part of Block 25, Block X, Taramarama Survey District, 10355.1 links; towards the north, east, and south generally by other part of Block 27, Block XI, Taramarama Survey District, 7141.3 links; towards the south-east generally by other part of Block 26, shown as Lots 8 and 11 on deposited plan 2289, 9588.7 links; towards the south by Sections 95 and 96, Wairoa Military Settlement, 2786.7 links; towards the south-west by a public road, 6014.2 links, and Section 91, Wairoa Military Settlement, 6200 links, to the point of commencement: be all the aforesaid linkages more or less: as the same is delineated on plan marked L and S 21/172B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

    A reference to the Land Act 1925 was substituted, as from 1 January 1925, for a reference to the Land Act 1908 pursuant to section 390 Land Act 1924 (1924 No 31). That reference was in turn substituted, as from 1 April 1949, by a reference to the Land Act 1948 pursuant to section 185(1) Land Act 1948 (1948 No 64).

98 Special provisions respecting vesting of land in the Borough of Napier known as the Barrack Reserve
  • Whereas the plan deposited in the Land Transfer Office at Napier under the number 3796 (hereinafter referred to as the said deposited plan) delineates the following allotments or subdivisions (hereinafter referred to as Lots)—namely, Lots 1 to 16 (both inclusive) of a reserve of land situate at Napier commonly called Barrack Reserve: And whereas by paragraph (a) of subsection one of section one hundred and twelve of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1917 (hereinafter referred to as the said 1917 Act), it was enacted that the Governor-General might, by Warrant under his hand, authorize the issue of a certificate of title in favour of the Hawke's Bay Hospital and Charitable Aid Board (hereinafter referred to as the said Board) in respect of the land described in Schedule 1 to the Napier Hospital Site Act 1876 [Repealed], to be held by the said Board in trust as a site for a hospital and grounds: And whereas the last-mentioned lands consist of Lots 1, 2, 3, 4, 5, and 6 on the said deposited plan, and the portion of an existing public road shown on the said deposited plan as lying between Park Road on the north-west, the said Lot 5 on the north-east, the said Lot 6 on the south-west, and the eastern boundary-line of the said lands described in the said Schedule 1 to the last-mentioned Act on the east: And whereas by notice published in the New Zealand Gazette of 1879, at pages 72 and 73, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority vested in him by the Land Act 1877, did permanently reserve the area therein referred to as containing four acres three roods thirty-one perches, but which has on resurvey been found to contain five acres and twelve perches, as is shown on the plan deposited in the Lands and Survey Office, at Napier, bearing the number 587 (red), for the purposes of public buildings: And whereas the area last aforesaid comprises Lots 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 on the said deposited plan, and the portion of an existing public road shown on the said deposited plan as bounded on the north-east by the said Lot 8, on the south-west by the said Lot 10, and on the west by the dividing-line between the before-mentioned area and the said piece of land described in Schedule 1 to the Napier Hospital Site Act 1876 [Repealed]: And whereas by the Napier Hospital Site Extension Act 1906 [Repealed], the parcel of land described in the Schedule thereto (being portion of the said area of five acres and twelve perches, and being Lots 12, 13, and 14 on the said deposited plan) was vested in the Borough of Napier in trust for a site for hospital buildings and grounds and for general hospital purposes, and in particular for the erection of buildings wholly or in sufficient part devoted exclusively to the treatment of incurable cases, and the said parcel of land has since been and is now under the control of the said Board, and the said Board has erected buildings thereon and used the same for the purposes set out in section three of the said Act: And whereas by notice published in the New Zealand Gazette of the thirty-first day of October, nineteen hundred and one, at page 2090, His Excellency the Governor of the Colony of New Zealand, in exercise of the powers and authorities vested in him by the Public Reserves Act Amendment Act 1889, did declare that the respective areas of one acre two roods twenty-three perches and thirty-three and four-fifths perches therein referred to (being portion of the area of five acres and twelve perches hereinbefore mentioned, and being also Lots 7, 8, 9, and 16 on the said deposited plan) should from and after the twenty-fourth day of October, nineteen hundred and one, be appropriated for the purposes of a public park under Class III of the Public Reserves Act 1881: And whereas it is expedient that the title to the land described in Schedule 1 to the Napier Hospital Site Act 1876 [Repealed], and to the said area of five acres and twelve perches hereinbefore mentioned, and the purposes for and to which the said lands are to be held and applied, should be vested, settled, and defined as hereinafter appearing, the said Board and the Napier Borough Council having, in so far as they are respectively concerned or interested in the premises, agreed accordingly: Be it therefore enacted as follows:—

    (1) The certificate of title in favour of the said Board, authorized by the said paragraph (a) of subsection one of section one hundred and twelve of the said 1917 Act, shall apply only to the said Lot 1 on the said deposited plan, and may be issued as provided by subsection ten hereof.

    (2) The said Lots 4 and 7 on the said deposited plan are hereby vested in the Corporation of the Borough of Napier for purposes of public recreation and instruction in accordance with Part 29 of the Municipal Corporations Act 1908.

    (3) The Napier Hospital Site Extension Act 1906 [Repealed], is hereby repealed.

    (4) The said Lots 6 and 10 on the said deposited plan (the same being portions of an existing public road or street) shall be and the same are hereby closed as a public road or street.

    (5) The said Lots 2, 3, 5, 8, 13, and 14 on the said deposited plan, and the portions of existing public roads referred to in the recitals hereinbefore contained, shall be and the same are hereby vested in the Borough of Napier for the purposes of public roads or streets.

    (6) The said Lots 6, 9, 10, 11, 12, 15, and 16 on the said deposited plan shall be and the same are hereby vested in the said Board in trust as a site for a hospital and grounds.

    (7) In so far as the trusts or purposes heretofore declared by any statute, Order in Council, or otherwise in relation to any pieces of land to which this section relates are inconsistent with the trusts or purposes declared by this section in relation to the same premises such trusts or purposes are hereby revoked and repealed.

    (8) Notwithstanding anything contained in sections fifty-seven and fifty-eight of the Hospitals and Charitable Institutions Act 1909, in any mortgage or charge given or executed by the said Board in terms of that Act there shall be expressed or implied a power of sale.

    (9) In so far as may be necessary for validating or giving effect to the purposes in this section appearing, or any of them, this section shall be deemed to be a special Act within the meaning of the Public Reserves and Domains Act 1908 or any other Act under which the passing of a special Act shall be requisite in the premises.

    (10) The District Land Registrar of the Land Registration District of Hawke's Bay is hereby authorized and empowered, subject to a Warrant in that behalf under the hand of the Governor-General, to issue certificates of title under the authority of and in conformity with this section without any other requirement.

99 Authorizing registration of Hawke's Bay Hospital and Charitable Aid Board as proprietor of certain land
  • (1) The lands comprised in certificate of title, Volume 55, folio 34, Hawke's Bay Registry, being part of Suburban Sections 7 and 8, Havelock, comprising Lot 14 on deposited plan No 1256, and containing three acres three roods twenty-six and two-fifths perches, more or less, 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 Napier Hospital Trustees.

    (2) The District Land Registrar of the Land Registration District of Hawke's Bay, without any further authority than this section, shall register the Hawke's Bay Hospital and Charitable Aid Board as registered proprietor of the said lands.

100 Authorizing Hastings Borough Council to construct certain drainage-works
  • Whereas all those parcels of land, comprising eighteen acres and seven and three-fifths perches, being, first, Lots 9 and 10 as shown on a plan deposited in the Land Transfer Office at Napier under No 1911, and being all the land comprised in certificate of title, Register-book, Volume 50, folio 300, Hawke's Bay Registry, and, secondly, Lot 1 on a plan deposited as aforesaid under No 2443, and being all the land comprised in certificate of title, Register-book, Volume 56, folio 119, of the said registry, have been purchased from moneys subscribed by the public for the purpose of erecting thereon a hospital, a St Helens maternity home, a nurses' residence, and all buildings necessary for the proper establishment and maintenance of the said hospital and maternity home: And whereas the said lands have been vested in His Majesty the King on trust for the said purpose: And whereas it is necessary and desirable that the said land should be connected with the sewerage-system of the Borough of Hastings, and that authority should be granted to the said borough to carry out the necessary work: Be it therefore enacted as follows:—

    (1) Notwithstanding anything in the Municipal Corporations Act 1908, or the Municipal Corporations Act 1920, or in any other Act of the General Assembly of New Zealand contained, it shall be lawful for the Hastings Borough Council to construct and make a sewer from a point on the western boundary of the Borough of Hastings where it intersects the Havelock-Omahu Road, thence along the Omahu Road to a point where the eastern boundary of said Lot 9 intersects the said Omahu Road, for the purpose of carrying off sewage and other offensive matter from all buildings erected or to be erected on the said lands or any part thereof into the main sewer comprising the sewerage-system of the said borough.

    (2) It shall be lawful for any owner of land contiguous to the sewer in the said Omahu Road, and with the written consent of the Hastings Borough Council first had and obtained, to connect his premises with the said sewer on such terms and conditions as may be arranged between such owner and the Hastings Borough Council.

101 Special provisions as to subdivision of Section 37, Town of Hawera
  • Whereas the Hawera Borough Council desires to subdivide Section 37, Town of Hawera, in the Land District of Taranaki, in accordance with modern town-planning methods: And whereas portions of the said Section 37 are vested in the said Council as an endowment for municipal purposes, and portions of the said section are set apart as public reserves and as sites for workers' dwellings: And whereas the portions of the said Section 37 not vested in the said Council are bounded in such a manner as to conflict with the proposed scheme of subdivision and with the streets to be laid off, and it is desired to enable effect to be given to arrangements entered into between the said Council and the various Departments having control of the said reserves and sites for workers' dwellings: Be it therefore enacted as follows:—

    (1) The reservation over the lands described in the first column of Schedule 2 to this Act for the purposes stated therein is hereby cancelled, and in lieu thereof the lands described and enumerated as new subdivisions in the second column of the said Schedule are hereby reserved for the purposes therein stated.

    (2) The Order in Council published in the Gazette of the twenty-ninth day of June, nineteen hundred and sixteen, setting aside for the purpose of the Workers' Dwellings Act 1910 [Repealed], the lands described in the first column of Schedule 3 to this Act is hereby revoked, and the road referred to in the first column of the said Schedule 3 is hereby closed, and the lands described and enumerated as new subdivisions in the second column of the said Schedule 3 are hereby set apart as sites for workers' dwellings, subject to the provisions of the Housing Act 1919.

    (3) In cases where the whole or part of any allotment described in the second column of Schedules 2 and 3 to this Act is now reserved as an endowment for municipal purposes such reservation over the whole or part of such allotment, as the case may be, and the vesting of the same in the Corporation of the Borough of Hawera are hereby cancelled.

    (4) In cases where the reservation is cancelled by subsections one and two hereof over any land which is not described in the second column of Schedules 2 and 3 to this Act such land is hereby reserved as an endowment for municipal purposes, and is hereby vested in the Corporation of the Borough of Hawera.

    (5) With respect to those portions of the said Section 37 vested in the Corporation of the Borough of Hawera which are leased, the Council of the said borough is hereby authorized and empowered to do any of the following acts:—

    • (a) To accept surrenders of any existing leases granted or acquired over parts of the said Section 37:

    • (b) To grant to the surrenderers in lieu thereof new leases of the same or other lands at such rentals, and upon such conditions, covenants, and provisions, as the said Council may think fit, subject to the approval of the Minister of Lands:

    • (c) In accepting any such surrender as aforesaid to pay to the lessee compensation for such surrender.

    (6) With regard to any part of the said Section 37 vested in the said Corporation which is not let or leased, the said Council may deal with such part in the manner prescribed by the Municipal Corporations Act 1908, and may lay off and form streets upon such parts thereof as the said Council may deem necessary.

    (7) The District Land Registrar is hereby empowered and directed, subject to a Warrant in that behalf under the hand of the Governor-General, to cancel such existing certificates of title, to issue such new certificates of title, and to make such entries in the Register as may be necessary to give effect to the provisions of this section.

    (8) The scheme of subdivision referred to herein shall be that shown on plan No 5614, deposited at the District Lands and Survey Office, New Plymouth, and streets and reservations for planting and beautifying shall be made in accordance therewith, subject to such minor alterations as may be consented to by the Minister of Lands.

102 Exchange of lands in Borough of Hawera for the purpose of providing a site for a soldiers' club and peace memorial
  • Whereas all those pieces of land situated in the Borough of Hawera, containing one rood thirty-nine perches, being Lots 29 and 30 of Section 19, Town of Hawera, are reserved for the purpose of the Post and Telegraph Department: And whereas all those pieces of land situated in the said borough, containing two roods eight and one-tenth perches, being Lot 3, part of Lot 4, and Lot 13 of the said Section 19, are Crown lands, of which Lot 3 and part of Lot 4 are reserved for a police-station site: And whereas all those pieces of land situated in the said borough, containing two roods two perches, being Original Lots 2 and 12 of the said Section 19, are vested in the Corporation of the Borough of Hawera and held subject to the provisions of the Municipal Corporations Act 1908: And whereas it is desired that part of the last-mentioned pieces of land sufficient for the purpose should be used for the purpose of erecting thereon a building to be used for a soldiers' club and a peace-memorial site, and for such purpose the exchange of land hereinafter mentioned is necessary: Be it therefore enacted as follows:—

    (1) The pieces of land first above mentioned now held for the Post and Telegraph Department shall as from the passing of this Act be reserved and held for the use of the Justice Department.

    (2) The pieces of land secondly above mentioned—to wit, Lot 3, part of Lot 4, and Lot 13 of Section 19, Town of Hawera—shall be vested in and held and enjoyed by the Corporation of the Borough of Hawera, subject to the provisions of the Municipal Corporations Act 1908, and a certificate of title therefor shall, subject to a Warrant in that behalf under the hand of the Governor-General, be issued without further authority than this section, and the reservation of Lots 3 and 4 as a police-station site is hereby cancelled.

    (3) That part of the said pieces of land thirdly above described, sufficient for the purpose, shall as from the passing of this Act be held by the Corporation of the said borough as a reserve to be occupied as a site for erecting a peace memorial and a clubhouse for use by members of the New Zealand Returned Soldiers' Association (Incorporated), and the Corporation shall accordingly, upon the request in writing of the South Taranaki (Hawera) Branch of the New Zealand Returned Soldiers' Association (Incorporated), grant to the said branch of the said association a license, without payment or other consideration, to occupy the said land in perpetuity, determinable only as hereinafter provided.

    (4) The affairs of the club shall be controlled by the South Taranaki Returned Services' Association (Incorporated).

    (5) Upon the said land being no longer required for the purposes of such club the license to the said branch of the said association shall cease and determine, and the Corporation shall hold the same for such purpose of public utility as a Judge of the High Court of New Zealand, on petition, from time to time appoint:

    Provided that in the event of another war, and the necessity for a soldiers' club again arising, the said land and building shall, upon petition as aforesaid, be again employed for that purpose.

    (6) The question whether the land is no longer required for the purposes of such club shall be determined upon the petition of any five financial members of the said branch of the said association, or of the said Corporation, to a Judge of the High Court of New Zealand.

    (7) If it shall be determined as aforesaid that the said land is not required for the purposes of such club, one room therein shall thereafter be reserved for the sole use and enjoyment of British war veterans.

    Subsection (4) was substituted, as from 30 September 1954, by section 6 Reserves and Other Lands Disposal Act 1954 (1954 No 58).

    The words Judge of the High Court were substituted, as from 1 April 1980, for the words the Judge of the Supreme Court pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

103 Closing portion of Prospect Road, in Taranaki Land District, and adding same to a railway reserve
  • Whereas it is desired to close portion of Prospect Road, in Block I, Mahoe Survey District, and to add the land comprised in such closed portion to the adjoining railway reserve: Be it therefore enacted as follows:—

    (1) Notwithstanding anything contained in section one hundred and thirty of the Public Works Act 1908, the Governor-General may, by Proclamation, declare to be closed such portion of the Prospect Road, adjacent to the railway reserve in Block I, Mahoe Survey District, as he may think fit, and may also, by Proclamation, declare the land comprised in such portion to be reserved for railway purposes.

    (2) The said land shall thereupon be deemed to be railway land in the same manner as if it had been acquired by Proclamation for railway purposes under the Public Works Act 1981, and shall be subject to the provisions of that Act accordingly.

104 Closing portions of Ruru and Kaka Roads, in Taihape Borough
  • Whereas in the Borough of Taihape two streets known respectively as Ruru Road and Kaka Road immediately adjoin one another, and the width of the two streets where so adjoining one another is considerably in excess of one hundred and thirty-two feet: And whereas the Taihape Borough Council (hereinafter referred to as the Council) is desirous of appropriating the parcel of land, comprising one rood twenty perches, more or less, that would be left after allowing the full width of sixty-six feet for each of the said streets (taken at right angles thereto respectively) for the purpose of the erection thereon of workers' dwellings: And whereas the position of the said two adjoining streets and the said parcel of land are shown on a plan dated the sixteenth day of August, nineteen hundred and twenty, and signed by Messrs Wall and Bogle, surveyors to the Council, and deposited in the office of the Council, the said parcel of land being thereon edged red: And whereas it is expedient to empower the Council to appropriate the said parcel of land for the purpose aforesaid: Be it therefore enacted as follows:—

    (1) The parts of the said streets comprising the said parcel of land shall on the commencement of this Act be deemed to be stopped without the necessity of any step being taken for that purpose under any other Act, and shall cease to be part of the said two streets or of either of them accordingly.

    (2) The Council may appropriate the said parcel of land for the purpose of erecting workers' dwellings thereon.

105 Changing purpose of reservation over Sections 13 and 14, Block I, Hunua Survey District, now forming part of a public domain
  • Whereas Sections 13 and 14, Block I, Hunua Survey District, in the Land District of Wellington, containing an area of seventy-four acres one rood twenty-eight perches, comprise portion of a public domain set apart pursuant to section nine of the Wanganui River Trust Act 1891: And whereas the control of the said public domain is vested in the Wanganui River Trust: And whereas it is desired to change the reservation over the said portion of the aforesaid domain: Be it therefore enacted as follows:—

    (1) The Governor-General may, by Warrant under his hand, cancel the reservation for the purposes of a public domain over the land hereinafter described (and also the vesting of the control of the said land in the Wanganui River Trust), and may declare the said land to be reserved for railway purposes.

    (2) The Minister of Railways is hereby authorized to pay to the Wanganui River Trust as compensation for the cancellation of the aforesaid reservation such amount as may be agreed upon between himself and the Wanganui River Trust.

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

    All that area, containing seventy-four acres one rood twenty-eight perches, being Sections 13 and 14, Block I, Hunua Survey District.

106 Special provisions respecting care and maintenance of a bathhouse on Castlecliff Domain
  • Whereas by Order in Council dated the twenty-third day of July, nineteen hundred and eighteen, the Castlecliff Town Board was constituted a Domain Board having the control and management of the domain situated in the Castlecliff Town District, and known as the Castlecliff Domain, being all that area in the Wellington Land District, containing approximately twelve acres, being Section 1, Block IV, Westmere Survey District: bounded towards the north-west by the sea-beach on a line formed by extending the north-western boundary line of Section 451, on deposited plan No 3060, to its intersection with high-water mark; towards the north-east generally by a road reserve one chain wide; towards the south-west by the Town of Castlecliff; and towards the south-west generally by high-water mark of the Tasman Sea: as the same is delineated on the plan marked L and S 1913/1367, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red: And whereas by section forty of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1918, the said Castlecliff Town Board is empowered to raise, under the Local Bodies Loans Act 1913, a special loan or loans for the purpose of improving and developing the said Castlecliff Domain, including the providing thereon of such buildings, erections, and structures as might be necessary for the use and benefit of the public: And whereas the said Castlecliff Town Board has raised a special loan of six thousand dollars, and has expended the same on the erection on the said Castlecliff Domain of a building (hereafter referred to as the bathhouse) to be used by the public as a bathhouse or bathing-shed and for public conveniences: And whereas the said Castlecliff Town Board is desirous of making provision for the care and upkeep and maintenance of the said bathhouse and conveniences, and for the payment of all costs and expenses in connection therewith or incidental thereto: Be it therefore enacted as follows:—

    Notwithstanding anything in the Public Reserves and Domains Act 1908, or any Act amending the same, the Castlecliff Town Board is hereby authorized—

    • (a) To exclude the public or any portion of the public from the said bathhouse or from such parts thereof and at such time or times as the Board may deem necessary:

    • (b) To make such charges for admission to and for the use of the said bathhouse and its appurtenances as the Board shall in its discretion deem fit, and from time to time to vary, increase, or diminish such charges:

    • (c) To apply all moneys received for admission to and for the use of the said bathhouse and its appurtenances in providing for the care, maintenance, and upkeep of the said bathhouse and its appurtenances, and in making improvements thereto, and towards payment of the principal and interest moneys which may from time to time become payable on account of any special loan or loans now raised or hereafter to be raised in connection with the said bathhouse or the said domain:

    • (d) From time to time to make by-laws or regulations embodying all or any of the matters aforesaid, and for the more effectual management of the said bathhouse, and for the preservation of order therein; all of which by-laws and regulations shall be publicly notified by advertisement in some newspaper circulating in the district, and by being posted on some conspicuous place about the said bathhouse so that they may be easily read.

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

107 Legalizing deviation of Otara Road, in Kiwitea County
  • Whereas the Kiwitea County Council carried out a deviation of a certain road in the county known as the Otara Road, such deviation running through the land known as Otamakapua No 1B and 1C Blocks, Block XIII, Hautapu Survey District, and such deviation has never been properly legalized owing to certain portions thereof exceeding or falling short of the width prescribed by the Public Works Act 1981, and its amendments, compliance therewith being impracticable owing to the configuration of the land and owing to the difficulty in obtaining the necessary consents of the Maori owners whose lands are affected by such deviation: And whereas it is expedient to give relief: Be it therefore enacted as follows:—

    (1) The provisions of the Public Works Act 1908, and its amendments shall, so far as regards the width of any public road, have no application to the said deviation, which is hereby legalized and declared to be a public road.

    (2) Any persons whose lands are affected by the said deviation shall (subject to any agreements existing between such persons and the said Council or between themselves) have the right up to and including the first day of April, nineteen hundred and twenty-one, to claim compensation, and the District Court shall have jurisdiction to adjudicate on any such claims.

    The words District Court were substituted, as from 1 April 1980, for the words Magistrates' Court pursuant to section 18(1) District Courts Amendment Act 1979 (1979 No 125).

108 Authorizing Governor-General to constitute Palmerston North River District
  • (1) The Governor-General may, by Proclamation, constitute a river district to be known as the Palmerston North River District.

    (2) The said district shall comprise the Borough of Palmerston North and such other lands forming part of the County of Kairanga adjoining the said borough or separated therefrom by the Manawatu River as the Governor-General thinks fit.

    (3) For the purpose of determining the boundaries of the said district the Governor-General may appoint a Commission under the Commissions of Inquiry Act 1908, and may adopt the report of the Commission in its entirety, or may adopt the same with such modifications or alterations of the boundaries mentioned therein as he thinks fit.

    (4) The said district shall be divided into two subdivisions, one of which shall comprise the Borough of Palmerston North and the other all other parts of the district.

    (5) There shall be a River Board for the said district, consisting of such number of members not exceeding nine as the Governor-General may from time to time determine.

    (6) The Mayor for the time being of the Borough of Palmerston North shall, by virtue of his office, be a member of the Board, and shall be the Chairman thereof.

    (7) The other members of the Board shall be appointed for each subdivision by the Palmerston North Borough Council and the Kairanga County Council respectively, and shall hold office during the pleasure of the Council by which they are appointed.

    (8) The said district shall be deemed to be a district constituted under the River Boards Act 1908 [Repealed], and, except as herein otherwise expressly provided, the provisions of that Act shall apply to the said district.

    (9) Notwithstanding the provisions of section eleven of the Local Bodies Loans Act 1913, a majority of the valid votes recorded at a poll of ratepayers on a proposal by the Board to borrow any moneys under that Act shall suffice to carry the proposal.

    (10) Upon the constitution of the said district the Palmerston North - Kairanga River District shall be deemed to be abolished and the Board thereof to be dissolved, and thereupon all property and the control of any land or thing vested in that Board at the time of its dissolution shall be vested in the River Board of the said district, and all liabilities and engagements of that Board, and all proceedings pending by or against that Board, shall be liabilities and engagements of, and proceedings to be carried on by or against, the River Board of the said district.

109 Authorizing Greytown Trustees to convey certain lands to Wellington Education Board
  • (1) The Greytown Trustees for the time being as defined by the Masterton and Greytown Lands Management Acts Amendment Act 1883 [Repealed], are hereby empowered to convey or transfer to the Education Board of the District of Wellington for school purposes all those pieces of land situate in the Borough of Greytown, and being Sections 32 and 33 on the plan of the Town Belt of the Township of Greytown, excepting therefrom such part of the said sections as has been taken for a public road.

    (2) A statutory declaration made by any one or more of the Greytown Trustees, setting forth that the persons executing any conveyance or transfer under the authority of this Act were the Greytown Trustees at the time of the execution of such conveyance or transfer, shall be conclusive evidence for all purposes that such conveyance or transfer has been completely executed by all the Greytown Trustees, and that all the estate and interest of the Greytown Trustees in the lands described in the last preceding subsection have become thereby vested in the said Education Board.

110 Special provisions as to leasing of certain lands vested in Corporation of City of Wellington
  • Whereas the Corporation of the City of Wellington is the owner of an estate in fee-simple in those pieces of land in the County of Pahiatua adjoining the Borough of Pahiatua, containing one thousand five hundred and ninety-eight acres three roods thirty-nine and five-tenths perches, and being all the land comprised in certificates of title, Volume 19, folio 233, and Volume 151, folio 191: And whereas the said land is subdivided and leased under twenty-six leases: And whereas a large number of the leases expire on the first day of December, nineteen hundred and twenty: And whereas by the said leases it is provided that valuations shall be made at least three calendar months before the expiration of the terms of the said leases, in order to settle the rentals for a further term: And whereas, owing to the negotiations for this legislation and to certain other causes, the said valuations have not been made, and it has been agreed between the Wellington City Council and the lessees to postpone the said valuations: Be it therefore enacted as follows:—

    (1) Notwithstanding anything to the contrary in the Municipal Corporations Act 1908, or any other Act, or in any of the leases of the said pieces of land, the terms of which expire on the first day of December, nineteen hundred and twenty, no valuation shall be made to settle the rentals under the said leases for the term of fourteen years commencing on the first day of December, nineteen hundred and twenty, before the first day of July, nineteen hundred and twenty-one, and where any steps have heretofore been taken with respect to any such valuations no further steps shall be taken before that date.

    (2) After the first day of December, nineteen hundred and twenty, the lessees whose leases shall expire on that date shall be entitled to continue to hold over on the terms and conditions of their existing leases until the valuations are made.

    (3) On the completion of such valuations the respective lessees shall each be entitled to a new lease as from the date of expiry of his or her existing lease or leases at a rent to be fixed by the valuers in the manner prescribed in the said leases.

    (4) On the issue of any such lease or leases the lessee shall pay to the Council, and the Council shall have the right to sue for and recover, any rent payable under the new lease or leases in respect of the period between the expiry of the existing lease or leases and the grant of such new lease or leases in excess of the rent, if any, paid in respect of that period under the existing lease.

    (5) If the rent determined by any valuation is less than the rent reserved by the existing lease or leases, the Council shall refund to the lessee, and the lessee shall have the right to sue for and recover, the rent (if any) paid in excess in respect of the period between the expiry of the existing lease or leases and the grant of a new lease or leases.

    (6) The right of any person to continue his tenancy under any lease or leases, or his right to receive a new lease or leases, shall not be affected by reason of his inability, arising out of this section, to comply with the provisions of the existing lease or leases as to the time or times within which any act or thing has to be done; and the time limited by any existing lease or leases for giving any notices or doing any other act or thing is hereby extended in respect of each such act or thing by a period of one year.

111 Authorizing Wellington Hospital and Charitable Aid Board to sell land in City of Wellington to Wellington Education Board
  • Whereas it is expedient to enable the Wellington Hospital and Charitable Aid Board (hereinafter referred to as the Hospital Board) to sell to the Education Board of the District of Wellington (hereinafter referred to as the Education Board) the lands hereinafter described for the purposes of the public school known as the Terrace School: Be it therefore enacted as follows:—

    (1) The Hospital Board may sell and convey to the Education Board all that piece of land containing two roods seventeen perches, more or less, and being Lot 16 of the hospital reserve, part of the Town Belt of the City of Wellington, and shown on the plan deposited in the Deeds Registry at Wellington, and numbered 89; and also all that piece of land containing three roods twenty-seven perches, more or less, and being part of Lot 10 of the hospital reserve and plan aforesaid, bounded generally as follows: On the north by San Sebastian Road and Clifton Terrace, on the east by Clifton Terrace and by the public-school grounds, on the south by other part of the said Lot 10, and on the west by Talavera Terrace.

    (2) The price for such land shall be such sum as the Hospital Board and the Education Board shall mutually agree upon, and, failing agreement, such sum as shall be found to be the fair value of the said land by a single arbitrator in case the Hospital Board and the Education Board agree upon one; otherwise to two arbitrators, one to be appointed by each party to the difference in accordance with and subject to the provisions of the Arbitration Act 1908.

112 Special provisions respecting lands comprised in Schedule 3 to Westland and Nelson Coal Fields Administration Act 1877
  • On and after the passing of this Act, and notwithstanding anything to the contrary in section forty-four of the Mining Act 1908, or section four of the Coal-mines Act 1908 [Repealed], the following provisions shall apply to lands in Schedule 3 to the Westland and Nelson Coal Fields Administration Act 1877:—

    • (a) All the powers and functions conferred on the Minister of Mines and the Warden by section forty-four of the Mining Act 1908, or by subsection three of section four of the Coal-mines Act 1908, for the disposal of the said lands are hereby transferred to, and shall be exercised by, the Minister of Lands, or the Land Board of the Nelson Land District, or the Commissioner of Crown Lands for that district, as the case may be, and the provisions of the Land Act 1948, regulating the management, sale, letting, occupation, or disposal of Crown lands and the administration of lands held under lease or license shall apply to the land specified in Schedule 3 to the Westland and Nelson Coal Fields Administration Act 1877.

    • (b) Nothing in this section shall affect the provisions of paragraph (b) of section forty-four of the Mining Act 1908, in so far as they apply, or of subsections one, two, and four of section four of the Coal-mines Act 1908 [Repealed].

    A reference to the Land Act 1925 was substituted, as from 1 January 1925, for a reference to the Land Act 1908 pursuant to section 390 Land Act 1924 (1924 No 31). That reference was in turn substituted, as from 1 April 1949, by a reference to the Land Act 1948 pursuant to section 185(1) Land Act 1948 (1948 No 64).

113 Validating certain grants, titles, or interests in respect of certain lands mentioned in Westland and Nelson Coal Fields Administration Act 1877
  • Whereas by section two of the Mining Act Amendment Act 1892, it was enacted that, subject to the provisions of section three of the Coal-mines Act 1891, the lands described in Schedules 2 and 3 to the Westland and Nelson Coal Fields Administration Act 1877 (hereinafter referred to as the said Act), were to be subject to the provisions of the Mining Act 1891, as being Crown lands within mining districts: And whereas by the said section two of the Mining Act Amendment Act 1892, all powers, authorities, and functions conferred upon the Minister of Lands or a Land Board or Commissioner of Crown Lands by or in virtue of section eight of the said Act to dispose of the aforesaid lands were transferred to the Warden and the Minister of Mines, to be exercised under the provisions of the Mining Act 1891, subject, however, as herein first mentioned: And whereas the said provisions have been re-enacted successively by section forty-four of the Mining Act 1898, section forty-five of the Mining Act 1905, and section forty-four of the Mining Act 1908: And whereas, notwithstanding the said provisions, the Westland Land Board has inadvertently granted a license to occupy twenty acres of the land described in the aforesaid Second Schedule to the said Act, and the Nelson Land Board has continued through inadvertence to administer the lands described in Schedule 3 to the said Act, and to grant rights, titles, and interests in, on, and over the lands in the said Schedule 3 after the eleventh day of October, eighteen hundred and ninety-two, the date of the coming into force of the Mining Act Amendment Act 1892: And whereas it is deemed expedient to validate all the said grants, titles, or interests made, granted, or created irregularly as aforesaid: Be it therefore enacted as follows:—

    The license granted by the Westland Land Board as aforesaid to occupy part of land described in Schedule 2 to the said Act, and all grants, rights, titles, or interests made, created, or issued by the Nelson Land Board as aforesaid, and all transactions connected therewith, since the eleventh day of October, eighteen hundred and ninety-two, in respect of the lands described in Schedule 3 to the said Act, or affected by section two of the Mining Act Amendment Act 1892, section forty-four of the Mining Act 1898, section forty-five of the Mining Act 1905, and section forty-four of the Mining Act 1908, are hereby validated, and declared as valid and effectual as if the last four mentioned enactments had not been passed, or as if the said rights, titles, and interests had been made, created, or issued by the Warden and Minister of Mines under the said enactments; such validation to take effect as and from the dates upon which the said grants, rights, titles, and interests were made, created, or issued.

114 Changing purpose of reservation over Rough Island, Nelson Land District
  • Whereas by notice in the Nelson Provincial Gazette of the twenty-ninth day of May, eighteen hundred and sixty-nine, the eastern portion of the land known as Rough Island, in the Land District of Nelson, containing two hundred and thirty acres, more or less, was permanently reserved for gravel purposes: And whereas by a notice published in the Gazette of the thirtieth day of June, eighteen hundred and seventy-six, the western portion of the said island was permanently reserved for the purposes of public utility: And whereas it is deemed expedient to change the said purposes of reservation so that the said island may be used for plantation purposes: Be it therefore enacted as follows:—

    (1) The reservation for the purposes aforesaid over the land hereinafter described is hereby cancelled, and the said land is hereby declared to be permanently reserved for plantation purposes.

    (2) The Governor-General is hereby empowered to vest the land hereinafter described in the Corporation of the County of Waimea in trust for plantation purposes, subject to such terms and conditions as he thinks fit.

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

    All that area in the Nelson Land District, containing three hundred and fifty acres, more or less, being island numbered 3, Waimea East District, and known as Rough Island.

115 Changing purpose of reservation over part of Rabbit Island, Nelson Land District
  • Whereas by Warrant published in the Gazette of the twenty-second day of September, nineteen hundred and nine, the land known as Rabbit Island in the Land District of Nelson, containing two thousand six hundred acres, more or less, situated in Tasman Bay, between the eastern and western outlets of the Waimea River, was appropriated for a public recreation-ground: And whereas by Order in Council published in the Gazette of the third day of March, nineteen hundred and ten, the said land was declared to be subject to the provisions of Part 2 of the Public Reserves and Domains Act 1908, as the Rabbit Island Domain: And whereas it is deemed expedient to change the purpose of the reservation over that portion of the said land hereinafter described so that it may be used for plantation purposes: Be it therefore enacted as follows:—

    (1) The reservation for recreation purposes over the land hereinafter described is hereby cancelled, and the said land is hereby declared to be permanently reserved for plantation purposes.

    (2) The Governor-General is hereby empowered to vest the land hereinafter described in the Corporation of the County of Waimea in trust for plantation purposes, subject to such terms and conditions as he thinks fit.

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

    All that area in the Nelson Land District being island No 5, Waimea East District, known as Rabbit Island, excepting therefrom the portions containing by estimation three hundred and fifty-five acres, more or less, described hereunder.

    All that area bounded towards the south-west by a line fifteen chains long, and fifteen chains distant from and parallel to high-water mark, the centre of the said line being the centre of the track which crosses the island in a north-easterly direction from a point opposite to the north-east corner of Rough Island; towards the north-west by a line at right angles to the south-west boundary and 750 links from the centre thereof; towards the north-east by high-water mark; and towards the south-east by a line fifteen chains distant from and parallel to the north-west boundary: also all that area being a strip of land lying 250 links on each side of the centre of the before-mentioned track—bounded towards the southern end by high-water mark, and towards the northern end by the portion of the island firstly described above: also all that area being a strip of land five chains wide, starting from a point on the southern shore of the island, the said point being about twenty-five chains in a south-easterly direction from the south-west corner thereof, and thence following along high-water mark in a generally north-western, northerly, and south-easterly direction till it reaches the area firstly described above: also all that area being a strip of land five chains wide, starting from a point on the southern shore of the island, the said point being about fourteen chains in a north-westerly direction from the south-east corner thereof, and thence following along high-water mark in a generally south-easterly, north-easterly, and north-westerly direction till it reaches the area firstly described above: be all the aforesaid dimensions more or less: as the said excepted portions are delineated on the plan marked L and S 1/371, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

116 Authorizing Blenheim Borough Council to consolidate certain loans
  • Whereas the Blenheim Borough Council, in pursuance and exercise of the powers conferred upon it by the Municipal Corporations Acts, the Local Bodies Loans Acts, and other enabling Acts, duly passed special orders for the borrowing of the undermentioned moneys—On the fourth day of November, nineteen hundred and fourteen, the sum of six thousand dollars, for a term of thirty-six years and a half, for the purchase of a portion of Waterlea Park; on the fourteenth day of October, nineteen hundred and fifteen, the sum of ten thousand nine hundred dollars, for the term of thirty-six years and a half, for the purposes of the redemption of loans (two thousand five hundred dollars, High Street Bridge; two thousand dollars, street-widening; one thousand four hundred dollars, erection of hospital; five thousand dollars, Grove Road Bridge); on the eighteenth day of November, nineteen hundred and fifteen, the sum of six thousand dollars, for a term of thirty-six years, for the purpose of paying off an overdraft loan; on the twenty-fourth day of February, nineteen hundred and sixteen, the sum of one thousand five hundred dollars, for a term of ten years, for the purpose of contributing to the cost of a new hospital; on the second day of March, nineteen hundred and sixteen, the sum of one thousand dollars, for a term of ten years, for the purchase of a further portion of Waterlea Park; on the twenty-fourth day of August, nineteen hundred and sixteen, the sum of two thousand dollars, for a term of ten years, for the purpose of contributing towards the cost of constructing the Opawa River Bridge; on the twenty-sixth day of October, nineteen hundred and sixteen, the sum of two thousand two hundred dollars, for a term of ten years, for the purpose of a further contribution towards the cost of constructing the said Opawa River Bridge: And whereas such special orders were duly confirmed, pledging special rates as security for the said loans: And whereas the said Blenheim Borough Council, instead of issuing debentures as required by law, borrowed the said several sums of money by way of temporary overdraft: And whereas sinking funds have been established for the said several loans which at the thirty-first day of March, nineteen hundred and twenty, amounted to two thousand one hundred and eighty-seven dollars and ninety-five cents: And whereas it is expedient to consolidate the said several loans, and that the said several sums of money be repaid by the issue of debentures as by law provided: Be it therefore enacted as follows:—

    The Blenheim Borough Council is hereby authorized and empowered by special order to consolidate the said several loans and to issue debentures totalling twenty-nine thousand six hundred dollars, for a term not exceeding thirty-six years and a half, in terms of the said special order, without reference to the ratepayers of the said borough, and apply the moneys so raised to the repayment of the said temporary overdraft, and that the accumulated sinking funds of the said several loans be applied as the nucleus of a sinking fund for the loan hereby authorized.

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

117 Empowering Wairau Harbour Board to sell certain lands
  • Whereas the Wairau Harbour Board (hereinafter referred to as the Board) was by section ninety-nine of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1914, empowered to purchase the lands, hereditaments, and tenements therein described, or any of them, or any part or parts thereof respectively: And whereas the said lands, hereditaments, and tenements have since been purchased by the Board: And whereas it is desirable that the Board should be empowered to sell or otherwise dispose of the said lands, hereditaments, or tenements, or any of them, or any part or parts thereof respectively: Be it therefore enacted as follows:—

    (1) The Board is hereby empowered to sell by public auction the said lands, hereditaments, and tenements, or any of them, or any part or parts thereof respectively, at such price, and subject to such conditions as to payment or otherwise, as the Board thinks fit.

    (2) Upon any sale so made the Board is hereby empowered to execute under its common seal an assurance of the said lands, hereditaments, and tenements, or any of them, or any part thereof respectively, to the purchaser or purchasers thereof, and to receive and pay the purchase-money therefor into the Wairau Harbour Fund.

118 Exchanging land in Town of Picton reserved as an endowment for primary education for land vested in Borough of Picton
  • Whereas Section 1152 on the plan of the Town of Picton is vested in the Corporation of the Borough of Picton in trust for municipal purposes: And whereas Section 613 on the said plan is a primary-education endowment vested in the Crown in accordance with section two of the Education Reserves Amendment Act 1910: And whereas it is desired to carry out an exchange affecting the said sections as hereinafter appears: Be it therefore enacted as follows:—

    (1) The Picton Borough Council is hereby authorized and empowered to transfer or convey to the Education Board of the District of Wellington the said Section 1152 for the purposes of primary education.

    (2) The reservation over the said Section 613 is hereby cancelled, and forthwith, after the completion of the transfer or conveyance aforesaid, the Governor-General shall vest the said Section 613 in the Corporation of the Borough of Picton in trust for municipal purposes.

119 Authorizing Picton Borough Council to borrow $2,200 for the purpose of recouping General Account of the District Fund
  • Whereas the Picton Borough Council has expended out of its General Account the sum of two thousand two hundred dollars in providing and setting up electrical connections to and in buildings situated in the Borough of Picton: And whereas the Council is desirous of raising a special loan for the purpose of repaying the said sum to the General Account: And whereas it is expedient to empower the Council in that behalf: Be it therefore enacted as follows:—

    The Picton Borough Council may, by special order and without taking the steps prescribed by sections eight to twelve of the Local Bodies Loans Act 1913, raise a special loan of two thousand two hundred dollars for the purpose of making such repayment, and may pay or transfer the proceeds of such loan to the said General Account accordingly.

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

120 Museum site, Christchurch, vested in Corporation of Canterbury College
  • (1) The land hereinafter described, being part of Reserve 25, in the City of Christchurch, is hereby vested in the Corporation of the Canterbury College (a body incorporated under the provisions of the Canterbury College and the Canterbury Agricultural College Act 1896 [Repealed]) for the purposes of a museum, and the said Canterbury College shall hold the said land upon the trusts and for the specific purposes contemplated by the Canterbury Museum and Library Ordinance 1870.

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

    All that parcel of land, containing by admeasurement one acre and twenty-eight and three-tenths perches, being part of Reserve 25, in the City of Christchurch, the boundaries of which are as follows: Commencing at a point on the western side of Rolleston Avenue, the said point being 280.15 links, bearing 332° 26′ 20″, from the standard survey stone at the intersection of Rolleston Avenue and Worcester Street; thence westerly, 374.2 links, bearing 269° 49′ 5″; thence southerly, 270.5 links, bearing 179° 49′ 5″; thence easterly, 99.3 links, bearing 89° 49′ 5″; thence southerly, 60 links, bearing 179° 9′; thence easterly, 274.2 links, bearing 89° 49′ 5″, to Rolleston Avenue; thence northerly along Rolleston Avenue, 330.5 links, bearing 359° 49′ 5″, to the commencing-point: be the aforesaid linkages more or less: as the same is delineated on a plan marked L and S 47215, deposited at the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered green.

121 Authorizing Spreydon Borough Council to borrow for purpose of repaying certain loans
  • Whereas by two polls of the ratepayers of the Borough of Spreydon taken respectively on the twenty-seventh day of March, nineteen hundred and thirteen, pursuant to the Local Bodies Loans Act 1913, the Spreydon Borough Council (hereinafter referred to as the Council) was authorized to borrow two sums of nine thousand four hundred and fifty dollars and five thousand dollars, bearing interest at the rate of five per centum per annum, for the purposes of the construction of channelling, asphalting, and regrading certain streets, and the purchase of a block of land for a shingle-pit within the borough, the said loans having currencies respectively for periods of thirty years: And whereas the Council raised the sums of nine thousand four hundred dollars and four thousand four hundred dollars, parts of the said loans, by the issue of debentures of two hundred dollars each, payable respectively on the twenty-seventh day of March, nineteen hundred and eighteen, and secured by special rates to provide for the payment of interest and sinking funds in respect of the said loans: And whereas the Council is desirous of borrowing sums of nine thousand four hundred dollars and five thousand dollars for the purpose of the paying-off of the said loans, and the Council will be unable to do so at the rates of interest so authorized, and it is desired to empower the Council, without taking a further poll of the ratepayers, to borrow those moneys at a higher rate of interest, and that the loans respectively, when raised, should have currencies as authorized for the remainder of the periods of the said thirty years: Be it therefore enacted as follows:—

    (1) The Council is hereby empowered and authorized to raise and borrow the sums of nine thousand four hundred dollars and five thousand dollars respectively by special loans from the Superintendent of the State Advances Office or from any other lender, without taking any further polls of the ratepayers, and at rates of interest not exceeding five and a half per centum per annum, for the purpose of the paying-off of the said special loans of nine thousand four hundred dollars and five thousand dollars respectively authorized to be raised by the said polls hereinbefore referred to.

    (2) The said special loans so to be raised at the rates of interest as aforesaid shall be secured by special rates to be made and levied by the Council, not exceeding the amounts of the special rates, and on the areas of land as authorized by the said polls hereinbefore referred to.

    (3) It shall be lawful for the Superintendent of the State Advances Office to lend to the Spreydon Borough Council the moneys hereinbefore referred to, or any portion thereof, and at the rates aforesaid, anything to the contrary in the Local Bodies Loans Act 1913, notwithstanding.

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

122 Empowering Geraldine County Council to exercise powers of a River Board
  • [Repealed]

    Section 122 was repealed, as from 1 April 1922, by section 9(1) Geraldine County River District Act 1921 (1921 No 19(L)).

123 Authorizing exchange of land between Oamaru Borough Council and John Maurice Bulleid
  • Whereas the Oamaru Borough Council has agreed with John Maurice Bulleid, of Oamaru, gentleman, to exchange Section 15, Block XCIV, Town of Oamaru, now vested in the Corporation of the Borough of Oamaru in trust for purposes of public utility for the Town of Oamaru and its inhabitants, for Section 22 and part Section 21, Block XCIII, said Town of Oamaru: Be it therefore enacted as follows:—

    The District Land Registrar for the Land Registration District of Otago shall, on the registration with him of a transfer of Section 22 and part Section 21, Block XCIII, said Town of Oamaru, containing one rood thirteen perches and thirty-six one hundredths of a perch, more or less, and being all the land comprised in certificate of title, Register-book, Volume 189, folio 213, to the said Corporation for an estate in fee-simple in trust for purposes of public utility for the Town of Oamaru and its inhabitants, issue a certificate of title to the said John Maurice Bulleid for said Section 15, Block XCIV, said Town of Oamaru, containing one rood, more or less, for an estate in fee-simple, and thereupon the Crown grant for said Section 15 shall be and be deemed to be cancelled so far as it relates to said Section 15, and the provisions of Part 13 of the Land Act 1908, shall not apply to the land so to be vested in the said John Maurice Bulleid as aforesaid.

124 Changing purpose of reservation over Section 2, Block VI, Town of Lumsden
  • The reservation as an endowment for primary education over Section 2, Block VI, Town of Lumsden, is hereby cancelled, and the said land is hereby declared to be reserved as a site for buildings required in the administration of the Public Service.

125 Section 97, Reserves and other Lands Disposal and Public Bodies Empowering Act 1914, amended
  • Whereas by section ninety-seven of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1914, the agreement between the Minister of Justice for the Dominion of New Zealand and the Corporation of the Borough of Invercargill therein set out is validated, and it is provided that the piece of land described in subsection two thereof shall be transferred to the Crown: And whereas the said piece of land has since been surveyed, and the boundaries thereof adjusted, with the result that the boundaries have been slightly varied, and the land to be transferred to the Crown as aforesaid is more properly described as that piece of land, containing six hundred and fifty-one acres three roods sixteen perches, be the same a little more or less, being Lot 7 on the plan of subdivision of part of Section 19, Block XXI, and parts of Sections 10 and 158, Block XV, Invercargill Hundred, deposited in the office of the Chief Surveyor at Invercargill as No 93: And whereas it is desired to authorize the Invercargill Borough Council to lease to His Majesty the King an area hereinafter described, containing one thousand five hundred and ninety-nine acres three roods five and one-tenth perches, more or less: Be it therefore enacted as follows:—

    (1) The aforesaid description of the land to be transferred to the Crown is hereby substituted for the description contained in subsection two of section ninety-seven of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1914.

    (2) The Invercargill Borough Council is hereby empowered to lease to His Majesty the King, on such terms and conditions as may be mutually agreed on, all that parcel of land, containing one thousand five hundred and ninety-nine acres three roods five and one-tenth perches, being Lots 1, 2, 3, 4, 5, 6, 8, 9, 10, 13, and 14 on the plan of subdivision of part of Section 19, Block XXI, and parts of Sections 10 and 158, Block XV, Invercargill Hundred.

126 Authorizing Riverton Borough Council to make and levy a special rate in respect of certain loans
  • Whereas the Riverton Borough Council, under the powers thereunto it enabling, has from time to time raised various loans for carrying out works in the borough, and the said borough is now indebted in respect of the said loans in the total sum of nine thousand dollars: And whereas the payment of the interest of the said loans, and the repayment of the said loans, are secured by and payable out of the general revenue of the borough: And whereas it is desirable that the said loans, and the interest thereon, should be also secured by and be payable out of a separate special rate: Be it therefore enacted as follows:—

    It shall be lawful for the Riverton Borough Council, at any time hereafter, after taking a poll of the ratepayers, to make and levy a special rate to provide for interest and sinking fund on the said sum of nine thousand dollars upon the rateable value of all the rateable property of the Borough of Riverton, the amount of the said rate to be an amount which will not exceed the sum of five eighths of a cent in the dollar on the unimproved value of the said rateable property.

    The words nine thousand dollars, five eighths of a cent in the dollar were substituted, as from 10 July 1967, for the words four thousand five hundred pounds and six farthings in the pound pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

127 Authorizing Southland Boys' and Girls' High Schools Board to borrow $50,000 from Public Trustee
  • Whereas pursuant to the provisions of the Southland Boys' and Girls' High Schools Act 1877 [Repealed], and of the Education Reserves Act 1908, certain lands have been set apart and are now vested in the Corporation of the Southland Boys' and Girls' High Schools Board (hereinafter referred to as the Board) as an endowment in aid of establishing and maintaining a boys' and girls' high school within the Education District of Southland: And whereas such schools have been established and are high schools within the meaning of the Education Reserves Act 1908, and the Board is a trustee within the meaning of the same Act: And whereas by section seventeen of the last-mentioned Act, as amended by section two of the Education Reserves Amendment Act 1913, it is provided that the trustees of any high school may from time to time, with the sanction of the Governor-General, borrow money on the security of the rents and profits of the lands vested in them, but not at a higher rate of interest than five and a half per centum per annum: And whereas the Board is desirous of borrowing from the Public Trustee the sum of fifty thousand dollars on the security of the rents and profits of the said lands, but the security is not within the classes of investment on which the Public Trustee is empowered to invest by the Public Trust Office Act 1908: And whereas it is expedient to empower the Public Trustee to invest the said sum on the said security: Be it therefore enacted as follows:—

    (1) The Board, with the sanction of the Governor-General, may borrow from the Public Trustee, and he may lend to the Board, a sum not exceeding fifty thousand dollars, on the security of the rents and profits of the said lands, at interest at the rate of five and a half per annum, and for such term of years and upon such conditions as the Board, with such sanction as aforesaid, and the Public Trustee may agree upon.

    (2) If the Public Trustee shall grant the said loan, the instrument or instruments of security may be in such form, and may confer on him such powers and remedies for raising and securing repayment of the principal and interest, and may contain such covenants, agreements, conditions, and provisions in every respect, as he shall require; and in particular any such instrument may empower him, in case of default of payment of any sum of interest or principal, or in the performance or observance of any of the covenants, agreements, conditions, or provisions contained or implied in any such instrument, to appoint a receiver of the said rents and profits.

    Section 127 was amended, as from 11 February 1922, by section 76(1) Reserves and Other Lands Disposal and Public Bodies Empowering Act 1921 (1921 No 59) by substituting the words twenty-five thousand pounds for the words fifteen thousand pounds. See section 76(2) of that Act which empowers the Board to pay interest not exceeding 7% to the Public Trustee in respect of any loan granted pursuant to section 127.

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

128 Authorizing Warden to grant protection of mining privileges held by Parapara Hydraulic Sluicing and Mining Company (Limited)
  • In every case where the Minister of Mines is satisfied that genuine attempts are being made to provide capital for the working of the land comprised in any mineral lease of any portion of the land mentioned in section one hundred and three of the Mining Act 1908, and described in Schedule 3 to that Act, and that the claims, licenses, and certificates belonging to the Parapara Hydraulic Sluicing and Mining Company (Limited), (in liquidation), will be of use for the purposes of such working, he may grant protection in respect of such claims, licenses, and certificates of the said Parapara Hydraulic Sluicing and Mining Company (Limited), (in liquidation), for any period or periods not exceeding in all four years from the first day of January, nineteen hundred and nineteen.

129 Authorizing sale of certain land by Waitemata County to Manukau County
  • It shall be lawful for the Waitemata County Council to sell to the Manukau County Council an undivided half-share or interest in all that piece of land being part of Allotment 15 of Section 4 of the City of Auckland, situate at the corner of Shortland Street and Princes Street in the said city, being the whole of the land comprised in conveyance registered in the Deeds Register Office at Auckland as No 255249, upon such terms and conditions as may hereafter be agreed upon between the said County Councils.


Schedule 1

Section 78.

RESERVES MADE AVAILABLE FOR DISPOSAL UNDER THE LAND ACT 1908.
Description of Lands.Purposes for which Lands reserved. Instrument of Reservation.
Section 36, Block XII, Pakiri Survey District, in the North Auckland Land District, containing 99 acres, more or lessRifle-range purposeNotice in Gazette, 23rd January, 1914.
Section 14, Block VI, Maungamangero Survey District, in the Auckland Land District, containing 55 acresCattle-camping groundNotice in Gazette, 21st May, 1903.
Sections 1 and 2, Village of Pahi, in the North Auckland Land District, containing 1 acre and 6 perchesPublic purposes (post-office site)Transfer to Crown, dated 20th March, 1879.
All that area in the Auckland Land District, containing 11 acres 1 rood, more or less, being that portion of a road reserve 1 chain wide lying along the northern bank of the Karaponga Stream for a distance of 63½ chains, more or less, south-easterly from a point 1 chain due east of the eastern boundary of Section 6, Block VIII, Rangitaiki Upper Survey District. Also that portion of a road reserve 1 chain wide lying along the southern bank of the Karaponga Stream for a distance of 49 chains, more or less, south-easterly from a point 1 chain due east of the eastern boundary of the aforesaid Section 6. As the same is shown on plan marked L and S 22/653, deposited in the Head Office, Department of Lands and Survey, Wellington, and thereon coloured greenRoad purposes. 
Section 35, Block XIII, Norsewood Survey District, Hawke's Bay Land District, containing 6 acres 3 roods 10 perches, more or lessRoad purposes. 
Subdivision 1 of the Eltham-Opunake Railway Reserve, Block X, Opunake Survey District, in the Taranaki Land District, containing 3 acres 2 roods 22 perchesEltham-Opunake Railway. 
Section 44, Hawaenga Village Settlement, in the Wellington Land District, containing 10 acres, more or lessPublic recreation-groundNotice in Gazette, 2nd February, 1899.
Section 41, Block X, and Sections 45 and 46, Block XI, Ongo Survey District, in the Wellington Land DistrictRiver-protection 
Section 71, Block XI, Ongo Survey District, in the Wellington Land District, containing an area of 5 acres 3 roods 21 perches, more or lessRoad purposes.Notices in Gazettes, 20th December, 1898, 29th November, 1894, 30th, March 1899.
Section 29, Block VI, Hunua Survey District, in the Wellington Land District, containing 90 acres, more or lessRifle-range purposes.Notice in Gazette, 1st August, 1912.
All that parcel of land in the Wellington Land District, containing by admeasurement 1 acre 3 roods 14 perches, more or less, being part of what is generally known as the Military Reserve, situate near Points Waddell and Dorset, in Block VII, Port Nicholson Survey District: bounded—commencing at a point on the north-western boundary of the said Military Reserve, 209.69 links south of the northernmost corner of the said reserve; thence by a line bearing 198° 36′ 30″, being the south-eastern side of Hector Street, 606.06 links; thence by a line bearing 108 36′ 30″, 303.03 links; thence by a line bearing 18° 36′ 30″, 606.06 links; and thence by a line bearing 288° 36′ 30″, 303.03 links, to the point of commencement: as the same is more particularly delineated on a plan numbered 132/13, deposited in the office of the Chief Surveyor, at Wellington, and thereon coloured redPublic purposesNotice in Gazette, 20th October, 1841.
All that area in the Marlborough Land District, containing by admeasurement 32 perches, being part of Section 320, Town of Picton: bounded towards the north by part Section 319, 189 links; towards the east by Section 307, 110.2 links; towards the south by part Section 321, 175 links; and towards the west by railway land, 110.3 links: as the same is delineated on plan marked L and S 9/861, deposited at Head Office, Department of Lands and Survey, Wellington, and thereon bordered redPublic utilityNotice in Marlborough Provincial Gazette, 19th October, 1860.
All that area of land in the Westland Land District, situate in Block XVI, Kanieri; Blocks XIII and XIV, Turiwhate; Blocks I and II, Browning's Pass; and Block IV, Toaroha Survey Districts; and being Reserve No 961, and containing 14,000 acres, more or less: bounded as follows—Commencing at Trig Station NF on Mount Brown, in Block XVI, Kanieri Survey District; thence south-easterly on a bearing of 124° 5′ 16″ for a distance of 15402 links; thence due north for a distance of 4500 links to the summit of the Mount Brown Range; thence generally in an easterly direction, following along the summits of the Mount Brown and Newton Ranges to Lone Peaks; thence due south from Lone Peaks for a distance of 8000 links; thence south-westerly on a bearing of 225° to the summit of the Browning Range; thence generally in a westerly direction, following along the summit of the said Browning Range to a point due south on Trig Station L on Mount Tuhua, in Block XII, Kanieri Survey District; thence due north to where a line bearing 225° from Trig Station NF before mentioned would intersect it; thence north-easterly from the said intersection to Trig Station NF aforesaid, the point of commencement: be all the aforesaid linkages more or less: as the same is more particularly delineated on plan marked L and S 22/2691, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged redGrowth and preservation of timberNotice in Gazette, 1st March, 1906.
All that area in the Canterbury Land District, containing by admeasurement 86 acres, more or less, being that part of Reserve No 868 situated in Block IX, Noble Survey District, lying between Rural Section 37088 on the north and the Jack's Creek Road on the south: as the same is delineated on the plan marked L and S 22/2744, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured redRailway purposesNotice in Gazette, 11th October, 1877.
Reserve 784, Block III, Waitohi Survey District, Canterbury Land District, containing by admeasurement 28 acres 2 roods, more or lessPolice purposesNotice in Canterbury Provincial Gazette, 7th January, 1867.
All that area in the Otago Land District, containing by admeasurement 297 acres 2 roods 9 perches, more or less, being Sections 49 and parts of 51 and 52, Block VII, Woodland Survey District: bounded towards the north-west generally by a public road, and by Sections 48, 47, 46, and 45 of the said Block VII; towards the north-east by the road reserve along the right bank of the Purakaunui Stream; towards the south-east by a public road forming the north-west boundary of Section 11, Block X, of the said district; towards the south-west by other parts of Sections 52 and 51 aforesaid, and by Section 50 to the public road first mentioned: as the same is delineated on a plan marked L and S 4/165, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered redScenic reserveNotice in Gazette, 7th September, 1905.
Section 28, Block X, Woodland Survey District, in the Land District of Otago, containing an area of 179 acres, more or lessScenic reserveNotice in Gazette, 7th September, 1905.
All that area of land in the Southland Land District, containing by admeasurement 186 acres and 10 perches, more or less, being Section 450, Block IX, Forest Hill Hundred: as the same is delineated on the plan marked L and S 9/869, deposited at Head Office, Department of Lands and Survey, Wellington, and thereon bordered redLandless NativesProclamation in Gazette, 28th May, 1908.
Section 109, Block I, Oteramika Hundred, in the Southland Land District, containing 4 acres and 21 perches, more or lessGravel purposesNotice in Gazette, 21st April, 1892.
All that area in the Southland Land District, containing by admeasurement 62 acres and 36 perches, more or less, and being portion of Section 25, Block XIV, New River Hundred: bounded on the north by part Section 24 and a railway reserve, 6040 links; towards the south-east generally by the Oreti River, 2000 links scaled; towards the south by a railway reserve, 1150 links scaled; towards the west, south, and east by a gravel reserve, 1443, 1000, and 1432 links respectively; again towards the south by aforesaid railway reserve, 2500 links; towards the west by a public road, 1452.5 links, to place of commencement. Also that portion on the south of railway reserve, containing 2 acres, more or less: bounded towards the east by the Oreti River, 450 links scaled; towards the south-west by a public road, 850 links scaled; and towards the north by a railway reserve, 890 links scaled: be all the aforesaid linkages more or less. As the same is delineated on the plan marked L and S 6/5/79, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered greenFerry purposesNotice in Southland Provincial Gazette, 22nd June, 1869.
All that area in the Southland Land District, being part of Section 25, Block XIV, New River Hundred, and containing by admeasurement 14 acres 1 rood 20 perches, more or less: commencing at a point in the railway reserve, 2500 links from the western boundary of Section 25 aforesaid—bounded towards the west by a right line due north, 1432 links; towards the north by a road, 1000 links; towards the east by a right line due south, 1443 links; and towards the south by a railway reserve 1000 links: be all the aforesaid linkages more or less: as the same is delineated on a plan marked L and S 6/5/79, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered blueGravel purposesNotice in Gazette, 16th October, 1879
All that area in the North Auckland Land District, situated in Block VIII, Mangakahia Survey District, containing by admeasurement 277 acres, more or less, as described on page 1429 of the Gazette of the 7th June, 1906: as the same is delineated on plan marked 6/30/3, deposited in the Head Office, Department of Forestry, at Wellington, and thereon bordered red. Also all that area in the North Auckland Land District, containing by admeasurement 827 acres, more or less, situated in Block XI, Purua Survey District, known as the Kaitara State Forest Reserve, as set apart by the provisions of section 8 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1910, and section 16 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1916: as the same is delineated on plan marked 6/30/5, deposited in the Head Office, Department of Forestry, at Wellington, and thereon bordered red. And also all that area in the North Auckland Land District, containing by admeasurement 640 acres, more or less, situated in Block XIII, Omapere Survey District, as described on page 667 of the Gazette of the 26th May, 1881: as the same is delineated on plan marked 6/41/1, deposited in the Head Office, Department of Forestry, at Wellington, and thereon bordered redState-forest purpose. 
All that parcel of land in the Otago Land District, containing by admeasurement 1 acre 3 roods 26 perches, more or less, being part of Reserve D, Town of Oamaru, and bounded as follows: Towards the north-east by an extension of Rother Street, 250 links; towards the south-east by Wye Street, 766 links; towards the south-west by Wansbeck Street, 250 links; and towards the north-west by other part of said Reserve D: be all the aforesaid linkages more or less. Also all that parcel of land in the Otago Land District, containing by admeasurement 1 acre 1 rood, more or less, being part of Reserve D, Town of Oamaru, and bounded as follows: Towards the north-east by the extension of Stour Street, 250 links; towards the south-east by Wye Street, 500 links; towards the south-west by the extension of Rother Street, 250 links; and towards the north-west by other part of said Reserve D: be all the aforesaid linkages more or less. As the same are shown on a plan marked 22/2673, deposited at the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.Public utility for the Town of Oamaru and its inhabitantsOamaru Reserves Ordinance, 1865.

Schedule 2

Section 101.

First Column.Second Column.
Original Reserves: Description.Substituted Reserves: Description.
Part of Allotment 9 of Section 37, Town of Hawera, as shown on DP 2082 in the Land Transfer Office, New Plymouth. Area: 2 roods 39.6 perches. Purpose: Site for Post and Telegraph purposes. Reserved by section 25 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1912.Allotments 59 and 61 of Section 37, Town of Hawera. Area: 2 roods 32 perches. Purpose: Site for Post and Telegraph purposes.
Parts of Allotments 4, 6, 7, of Section 37, Town of Hawera, as shown on plan No 1959 in the Land Transfer Office, New Plymouth. Area: 3 acres 3 roods 39.7 perches. Reserved for the use of the of the Department of Agriculture by notice published in Gazette of 29th August, 1901.Allotments 88, 89, 90, 91, 93, 94, 95, 96, 98, of Section 37, Town of Hawera. Area: 2 acres 3 roods 31 perches, more or less. Reserved for the use of the of the Department of Agriculture.
Part of Allotment 4 of Section 37, Town of Hawera, as shown on DP No 1959, in the Land Transfer Office, New Plymouth. Area: 4 acres. Set apart as a site for a blockhouse by Order in Council published in Gazette of 26th September, 1901.Allotments 97, 99, 100, 101, 102, 103, 104, 105, 106, of Section 37, Town of Hawera. Area: 2 acres 3 roods 22 perches, more or less. Set apart as a site for police purposes.

Schedule 3

Section 101.

First Column.Second Column.
Original Setting-apart.Substituted Setting-apart.
Part of Allotments 1 and 2 and Allotments 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, and area of 2 roods 5 perches of Section 37, Town of Hawera, shown as road on Plan No 5046, deposited in the District Lands and Survey Office, New Plymouth, containing an area of 5 acres and 32.8 perches, more or less; as set apart for the purposes of the Workers' Dwellings Act 1910 [Repealed], by Order in Council published in the Gazette of the 29th June, 1916, and described in Schedule thereto.Allotments 2, 3, 4, 5, 6, 17, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, of Section 37, Town of Hawera. Area: 4 acres 2 roods 33 perches. Set apart as sites for dwellings under the Housing Act 1919. As all of the above in this column are shown on plan marked L and S 6/1/117, and deposited at the Head Office, Department of Lands and Survey, at Wellington.