Reserves and Other Lands Disposal Act 1927

Reserves and Other Lands Disposal Act 1927

Public Act1927 No 64
Date of assent5 December 1927

Contents

Title


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

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 Act 1927.

Cancellation of reservation over certain lands.

2 Reservation over lands described in Schedule cancelled, and lands declared to be Crown lands
  • The reservation over the several parcels of land described in the Schedule to this Act 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 1948.

    The reference to the Land Act 1924 (1924 No 31) was 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).

North Auckland Land District.

3 Cancelling reservation over Mahurangi Domain and making provision re application of proceeds of sale of land comprised therein
  • Whereas by an Order in Council dated the third day of August, nineteen hundred and fourteen, and published in the Gazette of the sixth day of that month, the Warkworth Road Board was appointed the Domain Board to control the Mahurangi Domain, being Allotment 96B, Parish of Mahurangi, North Auckland Land District, containing an area of sixty-four acres and eighteen perches: And whereas by special order made by the Rodney County Council on the nineteenth day of June, nineteen hundred and twenty-three, and confirmed on the twenty-fourth day of July, nineteen hundred and twenty-three, pursuant to the Counties Act 1920, the Warkworth Road District was merged in the County of Rodney and the Warkworth Road Board was abolished: And whereas upon such merger as aforesaid the Rodney County Council assumed the powers and duties as the Mahurangi Domain Board formerly exercised by the Warkworth Road Board: And whereas the said domain is not required for the purposes of public recreation, and it is desirable that the reservation thereof should be cancelled to enable the land comprised therein to be disposed of, the proceeds arising therefrom to be utilized in the manner hereinafter provided: Be it therefore enacted as follows:—

    (1) The reservation for the purposes of a public domain over Allotment 96B, Parish of Mahurangi, is hereby cancelled and the appointment of the Rodney County Council as the Mahurangi Domain Board is hereby revoked, and the said land is hereby declared to be Crown land available for disposal by way of sale for cash under the provisions of the Land Act 1948.

    (2) A sum or sums equal to the total price realized for such land may be paid, without further appropriation than this section, out of the Land for Settlements Account, and may, with the approval of the Minister of Lands, be applied in the purchase of other land for the purposes of a public domain (including costs of survey and other incidental expenses); and the residue (if any) may, with the like approval as aforesaid, be paid to the Domain Board appointed to control such last-mentioned land, to be expended by such Board in the development as a public domain of the land so purchased.

    The reference to the Land Act 1924 (1924 No 31) was 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).

4 Authorizing Mount Albert Borough Council to raise a loan of $50,000 for improvement of Mount Albert Domain
  • Whereas by Order in Council dated the eleventh day of November, nineteen hundred and twelve, and published in the Gazette of the twenty-first day of November, nineteen hundred and twelve, the Mount Albert Borough Council was appointed to be the Mount Albert Domain Board, having control of the Mount Albert Domain, comprising part of Allotment 100, Parish of Titirangi, and Allotments 176 and 177 of Section 10, Suburbs of Auckland, as more particularly described in the Schedule to the said Order in Council: 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 Mount Albert Domain Board: Be it therefore enacted as follows:—

    The Mount Albert Borough Council is hereby authorized to raise, under the Local Bodies Loans Act 1926, a special loan of a sum not exceeding fifty thousand dollars, and in its capacity as the Mount Albert 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 Mount Albert pursuant to the said Act.

    The references to $50,000, and fifty thousand pounds were substituted, as from 10 July 1967, for references to £25,000, and tweny-five thousand pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

5 Authorizing issue of title to Presbyterian Church Property Trustees in respect of church-site forming part of Hobsonville Aerodrome
  • Whereas by Proclamation under the Public Works Act 1908, published in the Gazette of the twenty-fifth day of June, nineteen hundred and twenty-five, and registered in the office of the District Land Registrar at Auckland, under Number 6224, Lots 1 to 6 of Section 12, Parish of Waipareira, containing one hundred and sixty-seven acres two roods, were taken for defence purposes: And whereas prior to such Proclamation an agreement was entered into between the owner of the said land and the Presbyterian Church Property Trustees whereby a portion of such land, containing one rood, was to be transferred to the said Trustees: And whereas it is equitable that provision should be made to enable the Crown to grant the aforesaid area of one rood to the Trustees, subject to such terms and conditions as may be prescribed or approved by the Minister of Defence: Be it therefore enacted as follows:—

    (1) Upon a satisfactory agreement being arrived at between the Presbyterian Church Property Trustees and the Minister of Defence, the Governor-General may, by Warrant under his hand, authorize the District Land Registrar of the Auckland Land Registration District to issue a certificate of title under the Land Transfer Act 1915, to the Presbyterian Church Property Trustees, a body corporate constituted under the Presbyterian Church Property Act 1885, and its amendments, in respect of the land hereinafter described.

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

    All that area in the North Auckland Land District, containing by admeasurement one rood, more or less, being Allotment 359, Parish of Waipareira, formerly part of Lot 6 of Allotment 12, Parish of Waipareira, contained in certificate of title, Volume 66, folio 168, Auckland Land Registry, and being portion of the land taken for defence purposes by Proclamation published in the Gazette No 49, of the twenty-fifth day of June, nineteen hundred and twenty-five, and being all the land shown in plan numbered 24219, deposited in the office of the Chief Surveyor of the North Auckland Land District, at Auckland, and thereon coloured red; the said Allotment 359 being limited, however, in height by a horizontal plane sixty-six feet measured perpendicularly from the level of the existing road immediately fronting the said land at the date of the passing of this Act.

6 Authorizing issue to His Majesty of certificate of title in respect of Sections 16 and 17, Block X, Punakitere Survey District
  • Whereas by Proclamation issued pursuant to section 12 of the Land Act 1924, and published in the Gazette of the seventeenth day of February, nineteen hundred and twenty-seven, a portion of Section A, Mataraua Block, situated in Block X, Punakitere Survey District, North Auckland Land District, containing two acres one rood twenty-one perches, was proclaimed as a road, and two pieces of road as hereinafter described were by the said Proclamation duly closed: And whereas the land adjoining the said pieces of closed road and comprised in certificate of title, Volume 232, folio 79, Auckland Registry, is vested in His Majesty the King, subject to the provisions of the Discharged Soldiers Settlement Amendment Act 1921-22, and it is expedient that a certificate of title to the said pieces of closed road should be issued in the name of His Majesty the King: Be it therefore enacted as follows:—

    (1) The District Land Registrar for the Land Registration District of Auckland is hereby directed to issue a certificate of title in the name of His Majesty the King in respect of the aforesaid closed-road areas, being the parcels of land hereinafter described, such parcels of land to be held by His Majesty in like manner to the land vested in him by virtue of certificate of title, Volume 232, folio 79, Auckland Registry, hereinbefore referred to, and to be subject to all the rights and privileges conferred by the Discharged Soldiers Settlement Amendment Act 1921-22, and any amendments thereof.

    (2) The land in respect of which such certificate of title shall be issued is particularly described as follows:—

    All that area in the North Auckland Land District, containing by admeasurement two acres three roods seven perches, more or less, being Section 16, Block X, Punakitere Survey District; also all that area in the North Auckland Land District, containing by admeasurement three acres and four perches, more or less, being Section 17, Block X, Punakitere Survey District. The aforesaid Sections 16 and 17, Block X, Punakitere Survey District, are shown on a plan deposited in the office of the Chief Surveyor of the North Auckland Land District, at Auckland, and numbered 21293.

    Section 6 was amended, as from 9 October 1928, by section 3 Reserves and other Lands Disposal Act 1928 (1928 No 46) by substituting the reference to Volume 232, folio 79, Auckland Registry for a reference to Volume 253, folio 192, Auckland Registry.

7 Authorizing carrying-out of reclamation works at Kohukohu
  • Whereas by section eight of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1919, certain Crown land at Kohukohu, in the North Auckland Land District, reclaimed from the sea was declared to be available for disposal under the Land Act 1908: And whereas the said land has been subdivided and certain portions thereof having been disposed of by way of sale for cash or on deferred payments, or pursuant to section 20 of the Land Act 1924, the capital moneys received from the sale of the said land are payable to the Land for Settlements Account: And whereas it was intended that the said capital moneys should be available for the carrying-out of reclamation works at Kohukohu: Be it therefore enacted as follows:—

    (1) The Minister of Lands is hereby authorized to carry out further reclamation works at Kohukohu, and to repair the breastwork of the existing reclamation.

    (2) Any expenditure incurred under this section may be paid out of the Land for Settlements Account without further appropriation than this section.

    (3) Any lands reclaimed under the authority of this section may be disposed of under the provisions of the Land Act 1924.

8 Cancelling reservation over certain land being part of Massey Park Domain, and making provision for application of proceeds of sale thereof
  • [Repealed]

    Section 8 was repealed, as from 29 September 1939, by section 24(2) Reserves and other Lands Disposal Act 1939 (1939 No 23).

9 Authorizing cancelling of reservation over Allotment 223 of Section 16, Suburbs of Auckland, and the vesting of that land in the Corporation of the City of Auckland
  • Whereas by section 16 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1925, the Governor-General was empowered, subject to the provisions of that section, to cancel the existing reservation over certain education endowments in the North Auckland Land District, and to vest the same in the Corporation of the City of Auckland in trust for the purposes specified in the said section: And whereas it is desirable that provision should be made for the vesting of a further area in the Corporation of the City of Auckland, subject to the provisions of subsection (1) of the said section sixteen: Be it therefore enacted as follows:—

    The Governor-General is hereby empowered to cancel the reservation as an endowment for education purposes over Allotment 223 of Section 16, Suburbs of Auckland, in the North Auckland Land District, containing by admeasurement one acre, more or less, and to vest the said land in the Corporation of the City of Auckland in trust for municipal purposes.

10 Validating reservation of certain land at Wellsford as a school-site
  • Whereas by a Warrant issued under the authority of the Land Act 1885, and published in the Gazette of the thirty-first day of December, eighteen hundred and ninety-one, the southern portion of the middle portion of Section 129, Parish of Oruawharo, containing five acres, more or less, was permanently reserved as a school-site: And whereas such reservation was invalid, inasmuch as the land so purported to have been permanently reserved formed portion of an area set apart as a public recreation-ground by notice issued under the authority of the Auckland Waste Lands Act 1867, and published in the Auckland Provincial Gazette of the twelfth day of October, eighteen hundred and seventy-four: And whereas it is expedient to validate the reservation as aforesaid as a school-site of the area hereinbefore mentioned: Be it therefore enacted as follows:—

    Notwithstanding anything to the contrary in the Public Reserves and Domains Act 1908, or in any other Act, the reservation as a schoolsite of the southern portion of the middle portion of Section 129, Parish of Oruawharo, by Warrant published in the Gazette of the thirty-first day of December, eighteen hundred and ninety-one, is hereby declared to have been validly made.

11 Exchanging portion of Mount Wellington Domain for portion of an adjacent quarry reserve
  • Whereas the land described in subsection three hereof forms portion of the Mount Wellington Domain, under the control of the Mount Wellington Domain Board: And whereas the land described in subsection four hereof forms portion of a reserve for quarry purposes vested in trust for such purposes in the Mount Wellington Road Board by virtue of an Order in Council dated the tenth day of October, nineteen hundred and nine: And whereas it is expedient that the said areas should be exchanged: Be it therefore enacted as follows:—

    (1) The reservation for domain purposes over the land described in subsection three hereof is hereby cancelled, and the said land is hereby reserved for quarry purposes and vested in the Mount Wellington Road Board in trust for such purposes.

    (2) The reservation for quarry purposes over the land described in subsection four hereof, and the vesting of such land in the Mount Wellington Road Board, are hereby cancelled, and the said land is hereby declared to be a recreation reserve subject to the provisions of Part 2 of the Public Reserves and Domains Act 1908, and to form part of the Mount Wellington Domain.

    (3) The land to which subsection one hereof relates is particularly described as follows:—

    All that area in the North Auckland Land District, containing by admeasurement one rood thirty-four and nine-tenths perches, more or less, being part Allotment 56 of Section 12, Suburbs of Auckland, and bounded as follows: Commencing at an old peg, numbered XV, on the northern boundary of part Allotment 64 of the aforesaid Section 12 (quarry reserve), distant 290.4 links from Mount Wellington Trig Station, and bearing therefrom 151° 14′; on the south by the said part Allotment 64, bearing and distance 286° 19′, 690.3 links; on the north-west, north, and north-east by other portion of part Allotment 56 aforesaid, bearings and distances 22° 26′, 24.46 links; 57° 32′ 30″, 64.52 links; 108° 20′ 30″, 647.37 links; and 120° 29′ 30″, 204.47 links; and on the south by part Allotment 64 (quarry reserve) aforementioned, bearing and distance 286° 20′ 30″, 200 links, to the point of commencement: be the aforesaid area, bearings, and linkages, more or less: as the same are more particularly delineated on plan marked L and S 1/20A, deposited in the Head Office of the Department of Lands and Survey, at Wellington, and thereon edged red.

    (4) The land to which subsection two hereof relates is particularly described as follows:—

    All that area in the North Auckland Land District, containing by admeasurement one acre one rood one perch, more or less, being part Allotment 64 of Section 12, Suburbs of Auckland, and bounded as follows: Commencing at the north-east corner of Lot 3 of Section 2 of Small Lots near Village of Panmure; on the south by the aforesaid Lot 3, bearing and distance 286° 35′, 291.4 links; on the west and north by part Allotment 56 of Section 12 aforesaid (Mount Wellington Domain), bearings and distances 16° 37′, 650 links; 106° 19′, 184.47 links; on the east, north, and again east by other portion of Allotment 64 aforementioned, bearings and distances 202° 26′, 553.67 links; 106° 35′, 261.28 links; and 195° 29′, 105.2 links; on the south by a public road, bearing and distance 286° 0′ 30″, 100 links; and on the west by Lot 3 aforesaid, bearing and distance 15° 29′, 6.2 links, to the point of commencement: be the aforesaid area, bearings, and linkages more or less: as the same are more particularly delineated on plan marked L and S 1/20A, deposited in the Head Office of the Department of Lands and Survey, at Wellington, and thereon edged yellow.

12 Vesting certain land in His Majesty for recreation purposes, and cancelling reservation over Pakiri Domain
  • Whereas by deed of conveyance dated the ninth day of October, nineteen hundred and twenty, and registered in the Deeds Register Office at Auckland under Number 289449, the land described in subsection six hereof was conveyed by Henry Dyer to Alfred James Gravatt, Harry Greenwood, Henry Turtley, Frank Pratt, and Robert Henry Wyatt, to be held in trust by them for the purpose of a public recreation-ground: And whereas the said Trustees have agreed to the vesting of the said land in His Majesty the King as a recreation reserve subject to the provisions of Part 2 of the Public Reserves and Domains Act 1908: And whereas by an Order in Council dated the third day of March, nineteen hundred and fourteen, and published in the Gazette of the twelfth day of that month, the Rodney County Council was appointed as the Pakiri Domain Board to control the Pakiri Domain as described in subsection seven hereof: And whereas the said domain is not required for the purposes of public recreation, and it is desirable that the reservation thereof be cancelled to enable the land comprised therein to be disposed of, the proceeds arising therefrom to be utilized in the manner hereinafter provided: Be it therefore enacted as follows:—

    (1) The land described in subsection six hereof is hereby declared to be no longer vested in the said Trustees, but to be vested in His Majesty the King as a recreation reserve subject to the provisions of Part 2 of the Public Reserves and Domains Act 1908.

    (2) The Registrar of Deeds for the Deeds Registration District of Auckland is hereby empowered to make such entries in the Registers as may be necessary to give full effect to the provisions of the last preceding subsection.

    (3) The reservation for the purpose of a public domain over the land described in subsection seven hereof is hereby cancelled, and the said land is hereby declared to be Crown land, available for disposal by way of sale for cash under the provisions of the Land Act 1948.

    (4) The appointment of the Rodney County Council as the Pakiri Domain Board is hereby revoked, and the said Council shall forthwith pay into the Public Account to the credit of the Land for Settlements Account all moneys in its possession standing to the credit of the Pakiri Domain Account.

    (5) A sum or sums equal to the moneys paid to the credit of the Land for Settlements Account pursuant to the last preceding subsection and to the proceeds of the sale of the land described in subsection seven hereof shall be paid, without further appropriation than this section, out of that account to any Domain Board that may hereafter be appointed to control the land described in subsection six hereof, and all moneys so paid may be applied by such Board towards the development as a public domain of such last-mentioned land.

    (6) The land vested in His Majesty the King pursuant to the provisions of subsection one hereof is particularly described as follows:—

    All that area in the North Auckland Land District, containing by admeasurement five acres, more or less, being part of Allotment E 46, Parish of Pakiri: as the same is delineated on the plan marked L and S 1/176A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

    (7) The land declared available for disposal under the Land Act 1948, pursuant to the provisions of subsection three hereof is particularly described as follows:—

    All that area in the North Auckland Land District, containing by admeasurement eight acres, more or less, being Allotment 28A, Parish of Pakiri: as the same is delineated on the plan marked L and S 1/176B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

    The Public Reserves and Domains Act 1908 (1908 No 156) was substituted, as from 1 April 1929, by a reference to the Public Reserves, Domains, and National Parks Act 1928 pursuant to section 103 Public Reserves, Domains, and National Parks Act 1928 (1928 No 36). That reference was in turn substituted, as from 1 April 1954, by a reference to the Reserves and Domains Act 1953 pursuant to section 107(1) Reserves and Domains Act 1953 (1953 No 69). That reference was in turn substituted, as from 1 April 1978, by a reference to the Reserves Act 1977 pursuant to section 125(1) Reserves Act 1977 (1977 No 66).

    The reference to the Land Act 1924 (1924 No 31) was 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).

13 Vesting in the Crown certain land now vested in Devonport Borough Corporation
  • Whereas about the year nineteen hundred and six a wharf was, with the consent of the Auckland Harbour Board, constructed by the Crown for the use of the Pacific Cable Board on land belonging to the said Harbour Board: And whereas pursuant to a direction contained in the Auckland Harbour Board, Devonport Borough Council, and Devonport Domain Board Empowering Act 1918, the Auckland Harbour Board, by deed of conveyance dated the first day of July, nineteen hundred and twenty-three, and registered as Number 325364 in the Deeds Register Office, at Auckland, has since conveyed the said land together with other land to the Corporation of the Borough of Devonport: And whereas it has been found expedient for the land on which the said wharf is erected together with certain adjoining land (being part of Queen's Parade in the said borough) to be vested in the Crown: And whereas the Devonport Borough Council has agreed to such vesting: Be it therefore enacted as follows:—

    (1) The land described in the next succeeding subsection is hereby declared to be no longer vested in the Corporation of the Borough of Devonport but to be vested in His Majesty the King freed and discharged from any trusts or limitations heretofore affecting it, and the Registrar of Deeds for the Deeds Registration District of Auckland is hereby empowered and directed to make such entries in the Register as may be rendered necessary by this subsection.

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

    All that area containing by admeasurement seventeen and sixty-seven hundredths perches, more or less, being portion of Foreshore Reserve: bounded on the north generally by the area described in subsection four hereof; on the north-east by a line bearing 107° 32′ 30″ a distance of 143.98 links; on the south-east by a line bearing 195° 46′ a distance of 51.54 links; and on the south-west by a line bearing 287° 32′ 30″ a distance of 270.58 links: as the same is delineated on the plan numbered MD 6431, and deposited in the office of the Minister of Public Works, at Wellington, and thereon coloured pink.

    (3) That part described in the next succeeding subsection of the street known as Queen's Parade, in the Borough of Devonport, is hereby closed and the land comprised therein is hereby declared to be no longer vested in the Corporation of the said borough but to be vested in His Majesty the King.

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

    All that area in the North Auckland Land District containing by admeasurement four and fifty-six hundredths perches, more or less, being portion of a public street known as Queen's Parade: bounded on the north-west by a line commencing on the old mean high-water mark of the Waitemata Harbour, and bearing 17° 32′ 30″ for a distance of 51.51 links; on the north-east by a line bearing 107° 32′ 30″ a distance of 125 links; and on the south generally by the said old mean high-water mark: as the same is delineated on the said plan numbered MD 6431, deposited in the office of the Minister of Public Works, at Wellington, and thereon coloured green.

    (5) The Minister of Public Works, for and on behalf of His Majesty, is hereby authorized to lease any land vested in His Majesty as aforesaid, or any part of such land, for such purposes and for such term or terms and subject to such conditions as may be mutually agreed upon by the said Minister and the lessee.

Auckland Land District.

14 Cancelling reservation as provisional State forest over certain land in Whareorino Survey District and setting it apart as a scenic reserve
  • Whereas Section 4, Block V, and Section 1A, Block VIII, Whareorino Survey District, in the Auckland Land District, containing five hundred and fifty-six acres one rood and five hundred and thirteen acres respectively, were set apart by Proclamation published in the Gazette of the eighth day of July, nineteen hundred and twenty, as and for a provisional State forest, and such land is now subject to the provisions of the Forests Act 1949: And whereas it is desirable that the said land should be set apart as a scenic reserve subject to the provisions of the Reserves Act 1977, as recommended by the Board constituted under that Act: Be it therefore enacted as follows:—

    The reservation as a provisional State forest over Section 4, Block V, and Section 1A, Block VIII, Whareorino Survey District, Auckland Land District, as hereinbefore referred to, is hereby cancelled, and the said land is hereby set apart as a scenic reserve subject to the provisions of the Reserves Act 1977.

    The reference to the Forests Act 1949 was substituted, as from 1 January 1950, for a reference to the Forests Act 1921-1922 by section 73(1) Forests Act 1949 (1949 No 19).

    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).

15 Cancelling reservation over Allotment 209A, Tuhikaramea Parish, and validating sale thereof
  • Whereas by Warrant dated the twenty-seventh day of June, eighteen hundred and eighty-one, and published in the Gazette of the thirtieth day of that month, Allotment 209A, Parish of Tuhikaramea, in the Auckland Land District, was permanently reserved for a cemetery: And whereas, pursuant to the Cemeteries Act 1882, Trustees were appointed to provide for the maintenance and care of the said cemetery: And whereas the said land has not been used for the burial of the dead, and the appointment of Trustees was revoked by Warrant dated the third day of July, nineteen hundred and five, and published in the Gazette of the sixth day of that month: And whereas the Auckland Land Board, believing that the original reservation of the land had been cancelled, disposed of the said land to David Benjamin Livingstone, of Tuhikaramea, farmer, under the provisions of the Land Act 1908, and a certificate of title was duly issued vesting the said land in David Benjamin Livingstone as from the twelfth day of September, nineteen hundred and twenty-four: And whereas it is expedient that the reservation over the land for cemetery purposes should be cancelled and the sale of the land by the Auckland Land Board validated: Be it therefore enacted as follows:—

    (1) The reservation for cemetery purposes over Allotment 209A, Parish of Tuhikaramea, in the Auckland Land District, is hereby cancelled and shall for all purposes be deemed to have been cancelled as from the first day of August, nineteen hundred and twenty-four.

    (2) The sale of the said land by the Auckland Land Board under the Land Act 1908, to David Benjamin Livingstone is hereby validated, and the certificate of title issued vesting the said land in the aforesaid David Benjamin Livingstone as from the twelfth day of September, nineteen hundred and twenty-four, shall for all purposes be deemed to have been lawfully issued.

16 Authorizing Auckland Land Board to reclassify land in Hereford Park Settlement
  • Notwithstanding anything to the contrary in the Land Act 1948, or the Land Act 1948, the Land Board of the Auckland Land District may, with the approval of the Minister of Lands, reclassify any of the land comprised in the subdivisions of the Hereford Park Settlement, notwithstanding that any such land is held under lease at the date of such reclassification.

    References to the Land Act 1924 (1924 No 31) and the Land for Settlements Act 1925 (1925 No 15) were substituted, as from 1 April 1949, by references to the Land Act 1948 by section 185(1) Land Act 1948 (1948 No 64).

17 Authorizing cancellation of existing title in respect of lands in Gordon Special Settlement, and issue of new title excluding therefrom certain roads
  • Whereas the Gordon Special Settlement was set apart under the provisions of the Land Act 1885, for settlement as therein provided: And whereas the several settlers in the said special settlement were entitled to a Crown grant of lots in a village-site known as Armadale Village, and comprising Section 16, Block X, Wairere Survey District: And whereas a subdivisional plan of the said village was lodged in the office of the Chief Surveyor at Auckland in nineteen hundred and one as Number 12057: And whereas on the fifteenth day of February, nineteen hundred and eleven, the said Section 16, Block X, Wairere Survey District, was granted to the several settlers in the said special settlement as tenants in common under certificate of title, Volume 174, folio 204, in the Land Transfer Office at Auckland: And whereas the area so granted included certain areas shown as roads on the said plan numbered 12057: And whereas all the persons interested in the land included in the said title desire that such roads should be excluded from the said title, and it is considered that the most effective way of effecting this is by legislation: Be it therefore enacted as follows:—

    (1) The lands described in subsection three hereof are hereby declared to be public roads.

    (2) The District Land Registrar for the Land Registration District of Auckland is hereby empowered and directed to cancel the said certificate of title, Volume 174, folio 204, and to issue in lieu thereof a certificate of title for the lands described in subsection four hereof in favour of the persons whose names appear on the certificate of title so cancelled as the registered proprietors of the land mentioned in that certificate. The new certificate shall have noted thereon that it is made and issued under the authority of this section.

    (3) The lands to which subsection one hereof relates are particularly described as follows:—

    All that area in the Auckland Land District, containing by admeasurement two roods twenty-two and nine-tenths perches, more or less, being part of Armadale Village, Gordon Settlement, situated in Block X, Wairere Survey District: bounded—commencing at the south-western corner of Section 25 of the aforesaid village; towards the north by Sections 25, 24, 23, 22, and 19 of the said village; towards the east by Sections 19 and 18 of the said village; again towards the north by Section 22 of Block X, Wairere Survey District; towards the east by a public road to its junction with another public road; towards the south by the last-mentioned public road; and towards the west by a Maori reserve to the place of commencement.

    Also all that area, containing by admeasurement one acre and twenty-one and nine-tenths perches, more or less, and being part of the aforesaid Armadale Village: bounded — commencing at the south-western corner of Section 29 of the said village; towards the north by Sections 29, 28, 27, 26, and 21 of the said village; towards the east by Sections 21 and 20 of the said village; towards the north by a public road to its junction with another public road; towards the east and south by the last-mentioned road to the north-eastern corner of a school reserve; towards the south by the said school reserve to a Maori reserve; towards the west by the Maori reserve to the place of commencement.

    Also all that area, containing by admeasurement two acres and thirty-five and six-tenths perches, more or less, being part of the aforesaid Armadale Village: bounded — commencing at the south-western corner of Section 20 of Block X, Wairere Survey District; towards the north by the said Section 20; towards the east by Sections 5 and 6 of the said village; again towards the north by Sections 6, 4, 3, 2, and 1, all of the said village; again towards the east by the said Section 20; towards the south by Sections 11, 10, and 7 of the said village; again towards the east by Sections 7, 8, and 9 of the said village; again towards the north by Sections 9, 12, and 13 of the said village; again towards the east by Section 1, Block X, Wairere Survey District; again towards the south by Sections 14, 15, 16, and 17 of the said village; again towards the east by Section 17 of the said village; again towards the south by the said Section 1, Block X, Wairere Survey District; towards the west by a public road to the place of commencement: as the same is more particularly delineated on the plan marked L and S 22205, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured pink.

    (4) The lands to which subsection two hereof relates are particularly described as follows:—

    Lots 1 to 29 inclusive on a plan lodged in the Land Transfer Office, at Auckland, under Number 13380.

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

18 Authorizing surrender of lease over Sections 1, 2, and 3, Pukehina A Block, Waihi South Survey District, and issue of a new lease
  • Whereas the land described in subsection three hereof is vested in His Majesty the King, but is subject to a lease for a period of forty-two years from the ninth day of October, nineteen hundred and eight, and such lease is now held by Alexander Ross, of Foxton, flaxmiller, and Bernard Bedingfield Wood, of Christchurch, merchant (hereinafter with their executors, administrators, and assigns referred to as the lessees): And whereas it is desired to amend the boundaries of the land comprised in the said lease, and to give effect to the proposals in this behalf it is necessary that the Auckland Land Board should be empowered to accept a surrender of the said lease and to grant a new lease in substitution therefor over part or parts of the land comprised in the existing lease and over any part or parts of the Crown land described in subsection four hereof: Be it therefore enacted as follows:—

    (1) 

    • (a) Notwithstanding anything to the contrary in any Act, the Auckland Land Board is hereby empowered to accept with the consent in writing of the encumbrancers (if any) the surrender of the lease hereinbefore referred to, and to issue in substitution therefor a renewable lease under Part 3 of the Land Act 1924, over such parts of the lands described in subsections three and four hereof as may be mutually agreed upon by the said Board and the lessees, at a rent calculated on such value, exclusive of improvements, as the Board may see fit to fix.

    • (b) The said renewable lease shall be subject to such special conditions as may be mutually agreed upon by the Land Board and the lessees, and to all existing encumbrances, liens, and interests (if any) registered against the surrendered lease, and the District Land Registrar shall record on the new lease all such encumbrances, liens, and interests accordingly in the order of their registered priority.

    • (c) The provisions of sections 123, 136 to 141, and 179 of the Land Act 1924, shall not apply to the owner of a renewable lease granted pursuant to this section.

    (2) For the purpose of fixing the rental to be reserved by any renewed lease granted in terms of a lease granted pursuant to this section no account shall be taken of any improvements existing at the time of such renewal that have been effected or that have been paid for by the lessees.

    (3) The lands comprised in the said existing lease are more particularly described as follows:—

    • (a) All that block, containing by admeasurement one thousand two hundred and seventy acres one rood six perches, being the block of land situated in the Waihi South Survey District known as Pukehina A, Section 1, and being the whole of the land comprised in certificate of title, Volume 105, folio 37, of the provisional Register-book at Auckland.

    • (b) All that block, containing by admeasurement nine hundred and fifty-two acres two roods thirty-four perches, being the block of land situated in the Waihi South Survey District known as Pukehina A, Section 2, and being the whole of the land comprised in certificate of title, Volume 267, folio 157, Auckland Registry.

    • (c) All that block, containing by admeasurement one hundred acres, being the block of land situated in the Waihi South Survey District known as Pukehina A, Section 3, and being the whole of the land comprised in certificate of title, Volume 267, folio 283, Auckland Registry.

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

    All that area in the Auckland Land District, containing by admeasurement one thousand six hundred and thirty-nine acres two roods thirty-six perches, more or less, being an area of Crown land situated in Blocks I and II, Waihi South Survey District, in the County of Tauranga: bounded — commencing at the confluence of the old Kaikokopu Stream with the Pongakawa River; towards the east generally by the right bank of the dry bed of the said Pongakawa River to its junction with a public road adjoining the East Coast Main Trunk Railway; towards the south by the said public road to the south-eastern corner of Section 59, Block II, Waihi South Survey District; towards the west by the said Section 59; and again towards the south by the aforesaid Section 59, and Section 58, Block II, Waihi South Survey District, to the Wharere Road; again towards the west by the said Wharere Road to its junction with the old Kaikokopu Stream; and towards the north generally by the said old Kaikokopu Stream to the point of commencement: as the same is more particularly delineated on the plan marked L & S 22/1380, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

    Subsections (1) and (2) were substituted, as from 11 November 1931, by section 6 Reserves and other Lands Disposal Act 1931 (1931 No 41). The preamble to this section was also amended, by that act by inserting the words with their executors, administrators, and assigns.

19 Validating the construction by Minister of Public Works of a bridge over Hikutaia Canal
  • Whereas by paragraph (a) of subsection one of section ten of the Waihou and Ohinemuri Rivers Improvement Act 1910, the Minister of Public Works is authorized to carry out certain works without payment of any compensation for severance or loss of riparian or other rights: And whereas in pursuance of the power conferred upon him by the said paragraph the Minister constructed a canal from the Hikutaia Stream to the Waihou River through portions of McGaskill's Grant, No 19F, Block VIII, Waihou Survey District: And whereas the said canal completely severed portions of the said land from access to other portions thereof, thereby causing genuine hardship to the owners: And whereas the said Minister authorized the construction of a bridge across the said canal to give access to the severed portions of the said land, and such bridge has been constructed: And whereas doubts have arisen as to the power of the Minister to authorize such construction: Be it therefore enacted as follows:—

    The said bridge is hereby declared to have been lawfully constructed, and the cost thereof may be charged against the Waihou and Ohinemuri Rivers Improvement Account established by the said Act as if it had been a work authorized by the said Act.

20 Authorizing adjustment of title boundaries to lands adjoining Omeheu Stream, Rangitaiki
  • Whereas by reason of the drainage operations carried on pursuant to the Rangitaiki Land Drainage Act 1910, certain portions of the old bed of the Omeheu Stream have become dry: And whereas the said stream and the road along a portion of the western bank thereof form the title boundaries to the parcels of land described in subsection four hereof: And whereas it is desirable that the boundaries of the said parcels of land should be amended so as to provide suitable fencing-lines: Be it therefore enacted as follows:—

    (1) The Chief Drainage Engineer at Auckland and the owners and all other persons having any registered interest in the lands described in subsection four hereof may enter into an agreement or agreements as to amendment of the boundaries of the said lands, and may embody in such agreement or agreements any special conditions in regard to payments to be made by the parties to such agreement.

    (2) Any land owned by the Crown adjacent to the said parcels of land may be included in any scheme of boundary-adjustments notwithstanding the limitations or restrictions imposed by any Act, and any moneys to be paid to the Crown in this behalf shall be allocated by the Minister of Lands to the accounts entitled thereto.

    (3) Notwithstanding anything to the contrary in any Act, the District Land Registrar for the Land Registration District of Auckland is hereby empowered, upon production to him of an agreement or agreements pursuant to this section, and upon the deposit of a plan showing the boundaries as agreed upon, accompanied by a written request from the Chief Drainage Engineer at Auckland, together with payment of all necessary fees and surrender of existing certificates of title, to cancel the said existing certificates of title and issue in lieu thereof new certificates with boundaries as delineated upon such deposited plan, and such new certificates shall be subject to the same restrictions, charges, and encumbrances (if any) as those to which the relative cancelled certificates of title were subject.

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

    • (a) Portion of Allotment 73, Parish of Matata, containing one hundred and fifty acres, and being all the land on deposited plan 4901, and the whole of the land in certificate of title, Volume 170, folio 211, Auckland Registry.

    • (b) Portion of Allotment 73, Parish of Matata, containing one hundred and forty-three acres one rood six perches, being the residue of the land in certificate of title, Volume 170, folio 212, Auckland Registry, after registration of Proclamation No 5199.

    • (c) Portion of Allotment 74, Parish of Matata, containing two hundred and ninety-one acres two roods fourteen perches, being the whole of the land in certificate of title, Volume 436, folio 209, Auckland Registry.

    • (d) Allotment 137A, Parish of Matata, containing four hundred and eighty-three acres three roods thirty-one and seven-tenths perches, being the residue of the land in certificate of title, Volume 230, folio 285, Auckland Registry, after registration of Proclamations Nos 5199 and 5249.

    • (e) Allotment 141A, Parish of Matata, containing two hundred and seventy-three acres and nine perches, being the residue of the land in certificate of title, Volume 241, folio 226, Auckland Registry, after registration of Proclamation No 5249.

21 Making provision with respect to certain lands forming part of Hamilton Domain
  • (1) The land described in the next succeeding subsection, being parts of Sections 2 and 2A, Hamilton West Belt, mentioned in Schedule 2 to the Hamilton Domains Act 1911, is hereby excluded from that Schedule.

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

    All that area in the Auckland Land District, containing by admeasurement three roods and twenty and one-tenth perches, more or less, being parts Sections 2 and 2A of the Hamilton West Belt: bounded on the north-east by portion of the area thirdly described in the Schedule to the Order in Council amending the description of the Hamilton Domain dated the twenty-seventh day of January, nineteen hundred and twenty-six, and published in Gazette of the fourth day of February, nineteen hundred and twenty-six, 124.4 links; on the south-east by parts Sections 2 and 2A, Hamilton West Belt, 705.4 links; on the south-west by Seddon Road, 124.4 links; and on the north-west by other parts of Sections 2 and 2A, Hamilton West Belt aforesaid, 704.1 links: be all the aforesaid linkages a little more or less: as the same is delineated on plan marked L and S 1/178, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured red.

    (3) The land described in the next succeeding subsection (being the land hereinbefore described, together with certain other land) is hereby declared to be subject to section two of the Hamilton Domains Act 1911, and Schedule 1 to that Act is hereby extended by incorporating therein a reference to that land.

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

    All that area in the Auckland Land District, containing by admeasurement one acre, more or less, being parts Sections 2 and 2A of the Hamilton West Belt and portion of the area thirdly described in the Schedule to the Order in Council amending the description of the Hamilton Domain, dated the twenty-seventh day of January, nineteen hundred and twenty-six, and published in Gazette of the fourth day of February, nineteen hundred and twenty-six: bounded on the north-east by Sections 216 and 217, Town of Hamilton West, 124.4 links; on the south-east by parts Sections 2 and 2A, Hamilton West Belt, and portion of the area thirdly described in the Schedule to the Order in Council aforesaid, 805.4 links; on the south-west by Seddon Road, 124.4 links; and on the north-west by other parts of Sections 2 and 2A, Hamilton West Belt, and other portion of the area thirdly described in the Schedule to the Order in Council aforesaid, 804.1 links: be all the aforesaid linkages a little more or less: as the same is delineated on the plan marked L and S 1/178, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

Gisborne Land District.

22 Authorizing cancellation of reservation over Ormond Domain
  • Whereas by Order in Council published in the Gazette of the thirtieth day of July, nineteen hundred and twenty-five, the Ormond Domain Board was appointed to control the land described in subsection two hereof under the provisions of Part 2 of the Public Reserves and Domains Act 1908: And whereas the said land is not wholly suitable for recreation purposes, and another area in the district is being acquired as a public domain: And whereas upon the completion of such acquisition it is desirable that the reservation over the first-mentioned area should be cancelled and the land comprised therein declared Crown land available for disposal under the provisions of the Land Act 1924: Be it therefore enacted as follows:—

    (1) The Governor-General may, by Order in Council, cancel the reservation for recreation purposes over the land hereinafter described and the vesting of the control thereof in the Ormond Domain Board, and, by the same or a subsequent Order in Council, may declare the said land to be Crown land available for disposal under the provisions of the Land Act 1948.

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

    All that area in the Gisborne Land District, containing by admeasurement twenty acres two roods twenty-six perches, more or less, being Suburban Sections 11 and 12, Ormond Township, Block VIII, Waimata Survey District.

    The reference to the Land Act 1924 (1924 No 31) was substituted, as from 1 April 1949, by a reference to the Land Act 1948 by section 185(1) Land Act 1948 (1948 No 64).

Hawke's Bay Land District.

23 Authorizing admission of children from Cook Islands and Western Samoa to Te Aute Boys' College or Hukarere Girls' School
  • Notwithstanding anything to the contrary in any Crown grant or other instrument defining the purposes for which the Te Aute Boys' College and the Hukarere Girls' School have been established, or defining the purposes for which the endowments of those schools are held, it shall be, and be deemed at all times heretofore to have been, lawful for the Trustees administering those institutions, to admit as pupils of the said Te Aute Boys' College and the said Hukarere Girls' School, as the case may be, any children belonging to any of the Polynesian races, and being inhabitants of the Cook Islands or of Western Samoa, or of other territory for the time being administered by the Government of New Zealand, or of Tonga.

Wellington Land District.

24 Authorizing Carnival Park Domain Board to apply portion of its funds towards improvement of roads and footpaths giving access to the Domain
  • Whereas pursuant to the powers conferred by section fifty-six of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1919, the Carnival Park Domain Board is provided with funds to the extent of three hundred dollars per annum by means of a special rate collected by the Pahiatua County Council over the whole of the Pahiatua County, and to the extent of three hundred dollars per annum by means of a special rate collected by the Pahiatua Borough Council over the whole of the Pahiatua Borough: And whereas it is expedient to authorize the Carnival Park Domain Board to use part of the said funds to improve the roads giving access to the Carnival Park Domain: Be it therefore enacted as follows:—

    In addition to its other powers the Carnival Park Domain Board may apply such part of the funds provided as aforesaid by the Pahiatua County Council or the Pahiatua Borough Council as the Board may from time to time think fit towards the improvement, by either or both of the said Councils, of the roads and footpaths which give access to the Carnival Park Domain from the Pahiatua Borough and from the main road connecting the Boroughs of Pahiatua and Eketahuna.

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

25 Cancelling reservation over land comprised in Turakina Domain, and making provision for application of proceeds of sale of such land and of Domain Board funds
  • Whereas by an Order in Council dated the fourth day of January, nineteen hundred and sixteen, and published in the Gazette of the twentieth day of that month, the Lethbridge Town Board was appointed the Domain Board to control the Turakina Domain, being Section 191, Block I, Koitiata Survey District, Wellington Land District, containing an area of eighty-five acres two roods: And whereas by special order made by the Rangitikei County Council on the first day of October, nineteen hundred and twenty-five, and confirmed on the thirtieth day of that month, pursuant to the Counties Act 1920, the Lethbridge Town District was merged in the County of Rangitikei and the Lethbridge Town Board was dissolved: And whereas upon such merger as aforesaid the Rangitikei County Council assumed the powers and duties of the Turakina Domain Board formerly exercised by the Lethbridge Town Board: And whereas the said domain is not required for the purposes of public recreation, and it is desirable that the reservation thereof should be cancelled to enable the land comprised therein to be disposed of, the proceeds arising therefrom to be utilized in the manner hereinafter provided: Be it therefore enacted as follows:—

    (1) The reservation for the purpose of a public domain over Section 191, Block I, Koitiata Survey District, known as the Turakina Domain, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal by way of sale for cash under the provisions of the Land Act 1948.

    (2) The appointment of the Rangitikei County Council as the Turakina Domain Board is hereby revoked and the said Council shall forthwith pay into the Public Account to the credit of the Land for Settlements Account all moneys in its possession standing to the credit of the Turakina Domain Account.

    (3) A sum or sums equal to the moneys paid to the credit of the Land for Settlements Account pursuant to the last preceding subsection and to the total price realized from the sale of the said land may be paid, without further appropriation than this section, out of that account, and may, with the approval of the Minister of Lands, be applied in the purchase of other land for the purposes of a public domain (including costs of survey and other incidental expenses); and the residue, if any, may, with like approval as aforesaid, be paid to any Domain Board that may be appointed to control such last-mentioned land, to be expended by such Board in the development as a public domain of the land so purchased.

    The reference to the Land Act 1924 (1924 No 31) was substituted, as from 1 April 1949, by a reference to the Land Act 1948 by section 185(1) Land Act 1948 (1948 No 64).

26 Authorizing exchange of certain primary education endowment land for land vested in Masterton Borough Corporation
  • Whereas the lands described in subsection five hereof have been duly set apart as an endowment for primary education, and Lots 2 and 12 thereof are held under lease registered in the Wellington Land Registry Office under Number 11630: And whereas the land described in subsection four hereof is vested in the Corporation of the Borough of Masterton (hereinafter referred to as the said Corporation): And whereas it is desired to carry out an exchange of the said areas in the manner hereinafter provided: Be it therefore enacted as follows:—

    (1) The said Corporation may transfer to the Crown the land described in subsection four hereof, and may pay to the Crown the sum of one hundred and sixty-nine dollars by way of equality of exchange. Upon such transfer and payment being completed, and on registration of a surrender of lease numbered 11630 hereinbefore referred to the Governor-General shall by Proclamation cancel the reservation as an endowment for primary education over the land described in subsection five hereof, and shall by the same or a subsequent Proclamation declare the land over which the reservation is cancelled as aforesaid to be vested in the said Corporation as an addition to the Masterton Public Park, in trust for the purposes set forth in section three of the Masterton Public Park Management Act 1901.

    (2) The land described in subsection four hereof shall upon the transfer thereof to the Crown be deemed to be set apart as an endowment for primary education, and a lease thereof shall be issued in exchange for the said lease numbered 11630 for the unexpired residue of the term thereof, and subject to the same terms and conditions.

    (3) The District Land Registrar for the Land Registration District of Wellington is hereby empowered to make such entries in the Registers as may be necessary to give full effect to the provisions of this section.

    (4) The land which may be transferred to the Crown as aforesaid by the said Corporation is particularly described as follows:—

    All that area in the Wellington Land District, containing by admeasurement twenty-four acres one rood thirty-eight and a half perches, more or less, being parts Kohutu and Pokohiwi Blocks, Otahoua Survey District, and being all the land comprised in certificate of title, Volume 133, folio 240, Wellington Registry.

    (5) The land which may be vested in the said Corporation as aforesaid as an addition to the Masterton Public Park is particularly described as follows:—

    All those areas in the Wellington Land District, containing by admeasurement four acres and twenty perches, two roods seventeen perches, and two acres three roods thirty-one perches respectively, more or less, being Lots 1, 2, and 12 of Block I on deposited plan numbered 1361, part Section 101 of the Masterton Small-farm Settlement, Block I, Otahoua Survey District, and being part of the land comprised in certificate of title, Volume 269, folio 171, Wellington Registry.

    The reference to one hundred and sixty-nine dollars was substituted, as from 10 July 1967, for a reference to eighty-four pounds ten shillings pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

27 Extending benefits of section 124 of Land Act 1924, to certain lessees
28 Cancelling reservation as a school-site over land in Wilford Settlement in the Wellington Land District, and validating disposal thereof
  • Whereas by Warrant dated the twenty-third day of June, nineteen hundred and seven, and published in the Gazette of the twenty-seventh day of that month, Sections 1 to 13, Block XII, Wilford Settlement, in the Wellington Land District, containing an area of one acre three roods one perch, were permanently reserved as a site for a public school: And whereas the said area, being found unsuitable as a public-school site, was resubdivided and offered for sale by public auction on the fifth day of September, nineteen hundred and twenty-three, under the provisions of the Land Act 1948, and the Land for Settlements Act 1908: And whereas portions of the said area have been purchased on deferred payments, and occupation licenses have been issued to the various purchasers: And whereas it is expedient that the reservation over the said area as a site for a public school should be cancelled, and the sale of portions thereof validated: Be it therefore enacted as follows:—

    (1) The reservation as a site for a public school over Sections 1 to 13, Block XII, Wilford Settlement, Wellington Land District, is hereby cancelled as from the tenth day of July, nineteen hundred and twenty-three.

    (2) The sale of portions of the said area as hereinbefore mentioned is hereby validated, and the occupation licenses issued in respect thereof shall for all purposes be deemed to have been lawfully issued.

    The reference to the Land Act 1924 (1924 No 31) was substituted, as from 1 April 1949, by a reference to the Land Act 1948 by section 185(1) Land Act 1948 (1948 No 64).

Marlborough Land District.

29 Cancelling reservation as a State forest over Section 7, Block VII, Orieri Survey District, and setting it apart as a scenic reserve
  • Whereas Section 7, Block VII, Orieri Survey District, in the Marlborough Land District, containing by admeasurement one hundred and seventy-nine acres, more or less, was by Proclamation published in the Gazette of the fifteenth day of September, eighteen hundred and ninety-eight, set apart as a State forest, and such land is now subject to the provisions of the Forests Act 1921-22: And whereas the native bush on the said land is of little commercial value but is of considerable scenic interest, and it is desirable that the said land should be set apart as a scenic reserve subject to the provisions of the Reserves Act 1977, as recommended by the Board constituted under the last-mentioned Act: Be it therefore enacted as follows:—

    The reservation as a State forest over Section 7, Block VII, Orieri Survey District, in the Marlborough Land District, as hereinbefore referred to is hereby cancelled, and the said land is hereby set apart as a scenic reserve, subject to the provisions of the Reserves Act 1977.

    The references to the Reserves and Domains Act 1953 was substituted, as from 1 April 1954, for the references to the Scenery Preservation Act 1908 pursuant to section 107(1) Reserves and Domains Act 1953 (1953 No 69). Those references were in turn substituted, as from 1 April 1978, by references to the Reserves Act 1977 pursuant to section 125(1) Reserves Act 1977 (1977 No 66).

30 Cancelling reservation as a provisional State forest over Section 32, Block IX, Wakamarina Survey District, and setting it apart as a scenic reserve
  • Whereas Section 32, Block IX, Wakamarina Survey District, in the Marlborough Land District, as hereinafter described, forms portion of an area set apart by Proclamation published in the Gazette of the eighth day of May, nineteen hundred and nineteen, as and for a provisional State forest, and is now subject to the provisions of the Forests Act 1921-22: And whereas the said land adjoins a scenic reserve which is subject to the provisions of the Reserves Act 1977, and for the better protection of the said reserve it is desirable that the boundaries thereof should be extended to include the said land in accordance with the recommendation of the Scenery Preservation Board constituted under the last-mentioned Act: Be it therefore enacted as follows:—

    (1) The reservation as a provisional State forest over Section 32, Block IX, Wakamarina Survey District, as hereinafter described, is hereby cancelled, and the said land is hereby set apart as a scenic reserve subject to the provisions of the Reserves Act 1977.

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

    All that area in the Marlborough Land District, estimated to contain one hundred and fifty acres, being Section 32, Block IX, Wakamarina Survey District, bounded as follows: Commencing at a point on the Pelorus River being a prolongation of the western boundary of Section 1, Block IX, Wakamarina Survey District; thence in a southerly and south-easterly direction by the boundaries of Sections 1 and 5, Block IX, aforesaid to a peg numbered 9, being the centre-line of a road intersecting the last-mentioned section; thence in a south-westerly direction by a line bearing 240° for a distance estimated at 1500 links to a tributary of the Pelorus River; thence in a north-westerly direction by the said tributary to the Pelorus River, and thence in an easterly direction by the south bank of the Pelorus River to the point of commencement: as the same is more particularly delineated on plan marked L and S 4/354B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

    The references to the Reserves and Domains Act 1953 was substituted, as from 1 April 1954, for the references to the Scenery Preservation Act 1908 pursuant to section 107(1) Reserves and Domains Act 1953 (1953 No 69). Those references were in turn substituted, as from 1 April 1978, by references to the Reserves Act 1977 pursuant to section 125(1) Reserves Act 1977 (1977 No 66).

31 Vesting certain lands in Wairau Hospital Board
  • Whereas by deed of conveyance numbered 10244 and registered in the Deeds Register Office at Blenheim, and by memorandum of transfer numbered 1107 registered in the Land Registry Office at Blenheim, the land described in subsection four hereof was vested in the Crown, and such land now comprises portion of the area occupied by the Wairau Hospital Board for hospital purposes: And whereas by Crown grant dated the eleventh day of February, eighteen hundred and fifty-six, the land described in subsection five hereof was granted to the Superintendent of the Province of Nelson in trust as an endowment for hospitals and lunatic asylums, and by virtue of section nine of the Abolition of Provinces Act 1875, such land is now vested in the Crown: And whereas by a Proclamation issued pursuant to section 12 of the Land Act 1924, and published in the Gazette of the seventeenth day of March, nineteen hundred and twenty-seven, a piece of road (being the land described in subsection six hereof) intersecting land held in fee-simple by the Wairau Hospital Board was declared to be closed and the land comprised therein was, by Warrant issued pursuant to section 359 of the Land Act 1924, dated the twenty-ninth day of July, nineteen hundred and twenty-seven, and published in the Gazette of the fourth day of August, nineteen hundred and twenty-seven, temporarily reserved for the purposes of a hospital-site: And whereas it is expedient that the parcels of land described in subsections four, five, and six hereof should be vested in the Wairau Hospital Board as hereinafter provided: Be it therefore enacted as follows:—

    (1) The land described in subsection four hereof is hereby vested in the Wairau Hospital Board in trust as a site for a public hospital.

    (2) The land described in subsection five hereof is hereby vested in the Wairau Hospital Board as an endowment, subject to the condition that the said Board shall have no power to effect any reclamation of land covered by tidal waters, or to erect works that are likely to interfere with the ebb and flow of such tidal waters, save under the express provisions of the Harbours Act 1950.

    (3) The land described in subsection six hereof is hereby vested in the Wairau Hospital Board for an estate in fee-simple.

    (4) The land to which subsection one hereof relates is particularly described as follows:—

    All that area in the Marlborough Land District, containing by admeasurement fifty acres and one and three-tenths perches, more or less, being portions of Sections 2 of 27 and 197, Omaka, situated in Block III, Taylor Pass Survey District: bounded towards the north, 2128 links, by Hospital Road; towards the east, 2350 links, by Section 26, Omaka; towards the south, 2128 links, by Wither Road; and towards the west, 2350 links, by part of Sections 2 of 27 and 197, Omaka: be all the aforesaid linkages a little more or less.

    (5) The land to which subsection two hereof relates is particularly described as follows:—

    All that area in the Marlborough Land District, containing by admeasurement six hundred acres, more or less, being Sections 3, 4, 5, and 6, Opawa, situated in Block I, Clifford Bay Survey District.

    (6) The land to which subsection three hereof relates is particularly described as follows:—

    All that area in the Marlborough Land District, containing by admeasurement one acre and eight-tenths of a perch, being Section 7, Block III, Taylor Pass Survey District.

    The Harbours Act 1923 (1923 No 40) was repealed, as from 15 October 1950, by section 269(1) Harbours Act 1950 (1950 No 34).

Westland Land District.

32 Cancelling reservation as a provisional State forest over certain land in the Mount One One and Wataroa Survey Districts, and setting it apart as a scenic reserve
  • Whereas the land hereinafter described forms portion of an area set apart by Proclamation published in the Gazette of the fourteenth day of October, nineteen hundred and twenty, as and for a provisional State forest, and is now subject to the provisions of the Forests Act 1921-22: And whereas it is desirable that the said land should be set apart as a scenic reserve subject to the provisions of the Reserves Act 1977, as recommended by the Board constituted under the last-mentioned Act: Be it therefore enacted as follows:—

    (1) The reservation as a provisional State forest over the land hereinafter described is hereby cancelled, and the said land is hereby set apart as a scenic reserve subject to the provisions of the Reserves Act 1977.

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

    All that area in the Westland Land District, containing five hundred and sixty acres, more or less, situated in Blocks XIV and XV, Mount One One Survey District, and Blocks II and III, Wataroa Survey District, being part of Provisional State Forest Reserve 1634: Bounded by a line commencing at the intersection of the north-western boundary of said Reserve 1634 with the left bank of the Hinatua Creek, and proceeding thence up the left bank of that creek to its intersection with the western boundary of Douglas Road; thence along a line due west to a point distant five chains from the shore of Saltwater Lagoon, and thence southerly and westerly generally by a line parallel to and distant five chains from the said shore to its intersection with the north-western boundary of Reserve 1634; thence along that boundary to the place of commencement: as the same is more particularly delineated on plan marked L and S 4/467, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured green.

    The references to the Reserves and Domains Act 1953 was substituted, as from 1 April 1954, for the references to the Scenery Preservation Act 1908 pursuant to section 107(1) Reserves and Domains Act 1953 (1953 No 69). Those references were in turn substituted, as from 1 April 1978, by references to the Reserves Act 1977 pursuant to section 125(1) Reserves Act 1977 (1977 No 66).

33 Special provision with respect to certain reserves in the Borough of Greymouth
  • Whereas by Order in Council issued under the provisions of the Westland Waste Lands Act 1870, and published in Gazette of the twenty-second day of May, eighteen hundred and seventy-three, the management of Reserves 94 and 95, Town of Greymouth, was vested in the Corporation of the Borough of Greymouth for the purpose of recreation-grounds, subject nevertheless to the conditions and restrictions set forth in the said Order in Council: And whereas under the provisions of section sixty-seven of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1919, portion of the aforesaid Reserve 95, together with a certain area of closed street adjoining, was reserved as a site for a technical school and vested in the Education Board of the District of Canterbury: And whereas portion of Raleigh, Buccleugh, and Shakespeare Streets have been and are being used as portion of the recreation-ground reserves, and action is being taken to close the said portions of the streets named with a view to the land comprised therein being added to the said reserves: And whereas it is desirable that the said reserves should be brought under the provisions of Part 2 of the Public Reserves and Domains Act 1908, as a public domain under the control and management of the Greymouth Borough Council acting as a Domain Board, and the said Council is desirous of raising a loan for the purpose of effecting improvements to such public domain and to the land comprised in such portions of the streets hereinbefore referred to as may be closed and added thereto: And whereas the land described in subsection five hereof is vested in the Corporation of the Borough of Greymouth, and it is desirable to empower the said Council to transfer the said land to the Crown in order that it may be dealt with in the same manner as the recreation-ground reserves and the portions of Raleigh, Buccleugh, and Shakespeare Streets hereinbefore referred to: Be it therefore enacted as follows:—

    (1) The Governor-General may, by Order in Council, revoke the vesting pursuant to the provisions of the Westland Waste Lands Act 1870, of the management of the recreation-ground reserves described in subsection four hereof in the Corporation of the Borough of Greymouth, and may, by the same or a subsequent Order in Council, declare the said lands to be subject to the provisions of Part 2 of the Public Reserves and Domains Act 1908, as a public domain under the control of the Greymouth Borough Council, and the said Council shall thereupon for all purposes be the Greymouth Domain Board as if it had been so appointed pursuant to section forty-seven of the Public Reserves and Domains Act 1908.

    (2) Upon the vesting of the control as aforesaid of the recreation-ground reserves described in subsection four hereof in the Greymouth Borough Council as the Greymouth Domain Board, the said Council shall have authority to raise as for a public work under the Local Bodies Loans Act 1926, a special loan of a sum not exceeding ten thousand dollars, and in its capacity as the Greymouth Domain Board to expend the proceeds of such loan in effecting such improvements on the said domain, and on any land which may be added thereto, as may be mentioned in the proposal to raise such loan submitted to the ratepayers of the Borough of Greymouth pursuant to the said Local Bodies' Loans Act 1926, aforesaid.

    (3) Notwithstanding anything to the contrary in any Act, the Greymouth Borough Council may transfer to the Crown the land described in subsection five hereof, and upon such transfer being completed the said land shall for all purposes be deemed to be a recreation reserve subject to the provisions of the Public Reserves and Domains Act 1908.

    (4) The recreation-ground reserves to which subsections one and two hereof relate are particularly described as follows:—

    All that area in the Westland Land District, containing by admeasurement one acre one rood twenty perches, more or less, being part of Reserve 95, Town of Greymouth; bounded on the north-west by High Street, 225 links; on the north-east by Section 368, Town of Greymouth, 250 and 100 links, and Raleigh Street, 250 links; on the south-east by Shakespeare Street, 325 links; and on the south-west by that portion of said Reserve 95 reserved for a site for a technical school under the provisions of section sixty-seven of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1919, 500 links: be all the aforesaid linkages a little more or less.

    Also all that area in the Westland Land District, containing by admeasurement five acres two roods one and six-tenths perches, more or less, being Reserve 94, Town of Greymouth: bounded on the north-west by High Street, 1102 links; on the north-east by Buccleugh Street, 500 links; on the south-east by Shakespeare Street, 1102 links; and on the south-west by Raleigh Street, 500 links: be all the aforesaid linkages a little more or less.

    (5) The land which may be transferred to the Crown as aforesaid by the Greymouth Borough Council is particularly described as follows:—

    All that area in the Westland Land District, containing by admeasurement one rood, more or less, being Section 368, Town of Greymouth: bounded on the north-west by High Street, 100 links; on the north-east by Raleigh Street, 250 links; on the south-east by Reserve 95, 100 links; and on the south-west by said Reserve 95, 250 links: be all the aforesaid linkages a little more or less.

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

Canterbury Land District.

34 Cancelling reservation over Reserve 3233, Block XI, Cheviot Survey District
  • Whereas by warrant dated the twenty-second day of October, eighteen hundred and ninety-eight, and published in the Gazette of the twenty-seventh day of that month, Reserve 3233, Block XI, Cheviot Survey District, in the Canterbury Land District, containing four acres one rood fourteen perches, more or less, was permanently reserved as a site for a Harbourmaster's house: And whereas the said land is no longer required for such purpose, and it is desired that the reservation should be cancelled and the land made available for disposal under the provisions of Part 9 of the Land Act 1924: Be it therefore enacted as follows:—

    The reservation as a site for a Harbourmaster's house over the said Reserve 3233, Block XI, Cheviot Survey District, is hereby cancelled, and the said land is hereby declared to be available for disposal as Cheviot Estate land under the provisions of Part 9 of the Land Act 1924.

Otago Land District.

35 Vesting in Dunedin Ocean Beach Domain Board Section 21, Block VII, Otago Peninsula District
  • [Repealed]

    Section 35 was repealed, as from 18 December 1992, by section 5 Ocean Beach Public Domain (Repeal and Vesting) Act 1992 (1992 No 7).

Southland Land District.

36 Authorizing lease to Invercargill Borough Corporation of part of Government Building Reserve
  • Whereas, out of moneys raised by public subscription, a band-rotunda was erected in the year eighteen hundred and ninety-two on a reserve for public buildings of the General Government in the Borough of Invercargill: And whereas the said reserve is not vested in or controlled by the Corporation of the said borough, and it is desirable that the area on which the said band-rotunda is erected should be leased to the said Borough Corporation as hereinafter provided: Be it therefore enacted as follows:—

    (1) Notwithstanding anything to the contrary in the Public Reserves and Domains Act 1908, the Governor-General may grant to the Corporation of the Borough of Invercargill from time to time a lease over the land described in subsection two hereof for any period not exceeding fourteen years, in any case, upon such terms and conditions as he thinks fit to impose.

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

    All that area in the Southland Land District, containing by admeasurement three and fifty-two hundredths perches, more or less, being part of the Government Building Reserve, Town of Invercargill: starting at a point on the west side of Dee Street 130 links south of the south-east corner of the Athenaeum Reserve — bounded towards the east by Dee Street, 40 links; towards the south by part of the Government Building Reserve, 55 links; towards the west by part of the Government Building Reserve, 40 links; and towards the north by part of the Government Building Reserve, 55 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 5506, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.


Schedule

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

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

Reserves made available for disposal under the Land Act 1924
NoDescription of LandPurpose for which Land reservedInstrument of Reservation
North Auckland Land District
1Sections 133 and 138, Town of Rawene, in the North Auckland Land District, containing 2 roods 11.23 perchesSite for public buildings of the General GovernmentWarrant dated 29th June, 1915, and published in Gazette of 1st July, 1915.
2Sections 236 to 240 (inclusive) Town of Rawene, in the North Auckland Land District, containing 1 acre and 28 perchesWater reserveWarrant dated 2nd October, 1896, and published in Gazette of 8th October, 1986.
3Section 248C, Town of Rawene (formerly Town of Herd's Point), in the North Auckland Land District, containing 5.6 perchesCustomhouse and District CourtWarrant dated 17th October, 1884 and published in Gazette of 23rd October, 1884.
4Sections 247B and 247C, Town of Rawene, in the North Auckland Land District, containing 39 perchesTelegraph and post officeWarrant dated 17th October, 1884, and published in Gazette of 23rd October, 1884.
5All that area in the North Auckland Land District, containing by admeasurement 1 acre 2 roods 19 perches, more or less, being part Section 63, Sections 64, 65, 66, Town of Tokatoka: commencing at the north-west corner of Section 64 — bounded towards the north-west by the south-eastern portion of Allotment 2, Tokatoka Parish, 360 links; towards the north-east by Sections 68 and 67, Town of Tokatoka, 365.4 links; towards the south-east by a public road, 526.1 links: towards the south-west by a public road, 180.2 links; and towards the north-west by other part of Section 63, 175.3 links and 185.4 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 6/3/214, deposited in the Head Office, Department of Lands and Survey, Wellington, and thereon edged redPolice purposesWarrant dated 23rd October, 1888, and published in Gazette of 25th October 1888.
6All that area in the North Auckland Land District, containing by admeasurement 1 acre 1 rood 10.2 perches, more or less, being the remaining portion of Section 162 Village of Pahi, after deducting the land reserved as a site for a post-office by section three of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1920: as the same is delineated on plan marked L and S 1/402, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered redLanding-placeWarrant dated 22nd January, 1890, and published in Gazette of 30th January, 1890.
Gisborne Land District
7Sections 3 and 4, Block III, Te Puia Maori Township, in the Gisborne Land District, containing 2 roodsPostal purposesSubsection (2) of section 12 of the Maori Townships Act 1895. (See notice in Gazette of 29th January, 1903.)
Hawke's Bay Land District
8Part of Town Section 599, Town of Napier, in the Hawke's Bay Land District, containing 20 perchesTelegraph purposesWarrant dated 19th January, 1880, and published in Gazette of 21st January, 1880.
9Section 91 (formerly known as part Section 91), Block XIII, Maungaharuru Survey District, in the Hawke's Bay Land District, containing 1 acreSite for post-officeWarrant dated 22nd December, 1909, and published in Gazette of 13th January, 1910.
Taranaki Land District
10Section 25, Village of Tongaporutu, in the Taranaki Land District, containing 7 acres and 20 perchesPilot stationWarrant dated 2nd March, 1898, and published in Gazette of 10th March, 1898.
Wellington Land District
11Section 192, Block I, Koitiata Survey District, Wellington Land District, containing 9 acresReserve for travelling stockWarrant dated the 2nd June, 1904, and published in Gazette of 9th June, 1904.
Marlborough Land District
12Section 24, Block II, Arapawa Survey District, in the Marlborough Land District, containing 374 acres, more or lessWatering-place and for other purposes of public utilityNotice dated 21st May 1857, and published in Nelson Provincial Gazette of 22nd May, 1957.
13Section 1, Block IV, Avon Survey District, in the Marlborough Land District, containing 300 acresResting-place for stockCrown grant to the Superintendent of the Province of Nelson, dated 2nd December, 1857.
14Sections 6 and 7, Block XII, Town of Seddon, in the Marlborough Land District, containing 2 roods 6 perchesSite for public buildings of General GovernmentWarrant dated 27th March, 1902, and published in Gazette of 3rd April, 1902.
Nelson Land District
15Part of Section 18, Takaka, Block X, Waitapu Survey District, in the Nelson Land District, containing 1 rood 1.4 perchesCourthouseConveyance dated 10th May, 1881, and conveyance dated 31st December 1914.
16Section 76, Block XIV, Motupiko Survey District, in the Nelson Land District, containing 64 acres 3 roods 29 perchesAccommodation of travelling cattle, etcNotice dated 6th September, 1865, and published in the Nelson Provincial Gazette of the 16th of that month.
Westland Land District
17Reserve 816, Block VI, Turiwhate Survey District, in the Westland Land District, containing 3 roods 17 perchesGravelWarrant dated 22nd May, 1905, and published in Gazette of 1st June, 1905.
18All that area in the Westland Land District, containing by admeasurement 11 acres, more or less, being part of Reserve 982, situated in the Borough of Brunner, and bounded by a line commencing on the right bank of the Grey River at its point of intersection with the northern boundary of Section 169, Town of Taylorville, produced; thence north-westerly along the production of said boundary to the east side of Taylor Street, a distance of 263 links; thence south-westerly along the east side of Taylor Street for distances of 1813.7 and 1664.45 links; thence south-easterly along a line at right angles to Taylor Street to the right bank of the Grey River, a distance of 165 links; and thence north-easterly along the said right bank of the Grey River to the point of commencement: be all the aforesaid linkages a little more or less: as the same is more particularly delineated on plan marked L and S 9/1797, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged greenRailway and public roadCrown grant to the Superintendent of the Province of Nelson, dated 17th February, 1868.
Otago Land District
19Suburban Sections 7 and 8, Block I, Town of Ranfurly, in the Otago Land District, containing 52 acres and 31 perchesPublic park (subsequently declared to be a public domain under the name of the Ranfurly Park Domain)Warrant dated 22nd May, 1905, and published in Gazette of 1st June, 1905; Order in Council dated 11th December, 1905, and published in Gazette of 21st December, 1905.
Southland Land District
20Blocks I, II, and XIV, Town of Dacre, in the Southland Land District, containing 26 acres 1 rood 12 perchesPaddock for police purposesWarrant dated 7th November, 1879, and published in Gazette of 13th November, 1879.
21Sections 1 and 2, Block I, Town of Athol, in the Southland Land District, containing 3 roods 8 perchesPolice-stationNotice dated 19th June, 1869, and published in Southland Provincial Gazette of 22nd June, 1869.
22Sections 25, 26, 38, and 39, Clifden Township, in the Southland Land District, containing 4 acres and 23 perchesAgriculture DepartmentWarrant dated 24th November, 1902, and published in Gazette of 27th November, 1902.