Reserves and Other Lands Disposal Act 1930

Reserves and Other Lands Disposal Act 1930

Public Act1930 No 24
Date of assent25 October 1930

An Act to provide for the 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 1930.

2 Extinguishing rights of way over portion of Allotment 123 of Section 10, Suburbs of Auckland
  • Whereas part of Allotment 123 of Section 10 of the Suburbs of Auckland is shown on a plan deposited in the Land Registry Office at Auckland under Number 14054 as a road, and is therein called Beatty Avenue: And whereas the said piece of land has never been dedicated as a road nor has it been legalized as such: And whereas by virtue of section one hundred and seventy-nine of the Land Transfer Act 1915, there are implied rights of way over the said piece of land in favour of the registered proprietors of the lots shown on the said plan Number 14054: And whereas it is desirable to remove such implied rights of way, the same being of no use or value to the said registered proprietors: And whereas the written consent of the registered proprietors of the lots adjoining the said land has been obtained to the extinguishment of the said implied rights: Be it therefore enacted as follows:—

    The said implied rights of way are hereby extinguished, and the said piece of land is released and discharged from any such rights implied in favour of the registered proprietors of the lots shown on the said plan Number 14054.

3 Section 36 of Reserves and other Lands Disposal and Public Bodies Empowering Act 1921-22, amended
4 Adding certain lands to Hutt Park Recreation Reserve
  • [Repealed]

    Section 4 was repealed, as from 6 May 1982, by section 8(c) Lower Hutt City Council (Hutt Park) Act 1982 (1982 No 1(L)).

5 Authorizing the issue of a new deferred-payment license over Section 21S, Gladbrook Settlement
  • Whereas Section 21S, Gladbrook Settlement, in the Otago Land District (hereinafter referred to as the said land), containing by admeasurement one hundred and thirty-seven acres one rood eighteen perches, more or less, was sold at auction on the twenty-seventh day of August nineteen hundred and nineteen, for the sum of sixteen thousand dollars, and the purchaser elected to purchase the said land on deferred payments over a period of nineteen years: And whereas the balance of principal owing under the deferred-payment license issued to the said purchaser is eight thousand dollars: And whereas the said purchaser cannot continue the payments of interest and principal in accordance with the said deferred-payment license, and it is equitable that he should be afforded relief: Be it therefore enacted as follows:—

    • (1) Notwithstanding anything to the contrary in the Land Act 1948, or the Land Act 1948, the Commissioner of Crown Lands for the Otago Land District may accept the surrender of deferred-payment license Number 37, dated the twenty-seventh day of August, nineteen hundred and nineteen, issued in respect of the said land, and may issue in lieu thereof a new license to occupy the said land on deferred payments subject to the provisions, with such modifications as may be necessary, of section six of the Land Laws Amendment Act 1926.

    • (2) For the purposes of such license to occupy, the purchase-price of the said land shall be eight thousand dollars, and the term of the license shall be calculated from the first day of January or the first day of July next after the date of the surrender of the existing deferred-payment license.

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

    The Land Act 1924 (1924 No 31) was repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

    The Land For Settlements Act 1925 (1925 No 15) was repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

6 Authorizing the sale of Section 10, Block XXI, Town of Palmerston
  • Whereas by the Palmerston (South) Athenæum Act 1876, Section 10, Block XXI, Town of Palmerston, containing one rood, was vested in certain trustees therein named to be held by them, in trust, for the purposes of the said Act: And whereas an athenæum was duly erected on the said land, but the building was subsequently removed to Section 14, Block XXVII, of the said town, containing twenty perches: And whereas the last-mentioned section is vested in the Corporation of the Borough of Palmerston, in trust, for a site for an athenæum by virtue of an Order in Council dated the twenty-ninth day of June, eighteen hundred and eighty-six, and published in the Gazette of the first day of July of that year: And whereas the first-mentioned section is no longer required as a site for an athenæum, and it is desired to confer on the trustees power to sell the land and to apply the proceeds as hereinafter provided: Be it therefore enacted as follows:—

    • (1) Notwithstanding anything to the contrary in the Palmerston (South) Athenæum Act 1876, or the Reserves Act 1977, the trustees appointed under the first-mentioned Act may sell Section 10, Block XXI, Town of Palmerston, freed and discharged from the reservation affecting the same, upon such terms and conditions as may be approved by the Minister of Lands.

    • (2) The net proceeds of the sale of the said land shall be paid by the trustees to the Palmerston Borough Council to be applied by it in the maintenance of the existing athenæum building on Section 14, Block XXVII, of the said town, or in or towards the erection of a new building for the purposes of an athenæum on the last-mentioned section.

    • (3) Upon receipt of the proceeds of such sale the Palmerston Borough Council shall notify the Minister of Lands thereof. The said Minister shall thereupon by notice in the Gazette declare the said trustees to have vacated office and as from the date of publication of such notice the said Palmerston (South) Athenæum Act 1876, shall be deemed to be repealed.

    The Public Reserves, Domains, and National Parks Act 1928 (1928 No 36) was 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).

7 Adding certain lands to Greymouth Racecourse Reserve
  • [Repealed]

    Section 7 was repealed, as from 17 December 1968, by section 3(4)(b) Reserves and Other Lands Disposal Act 1968 (1968 No 130).

8 Adding land to the Arthur Pass National Park, and conferring on the controlling Board powers of leasing
  • [Repealed]

    Section 8 was repealed, as from 1 April 1953, by section 65(1) National Parks Act 1952 (1952 No 54).

9 Authorizing the issue of a lease of portion of the Palmerston North Domain to the Wanganui Education Board
  • Whereas the land hereinafter described is part of a public domain known as the Palmerston North Domain, the control of which is vested in the Palmerston North City Council (hereinafter referred to as the Council), acting as a Domain Board pursuant to the provisions of Part 2 of the Public Reserves, Domains, and National Parks Act 1928: And whereas the said land is adjacent to the Hokowhitu School and grounds, which are vested in the Education Board of the District of Wanganui (hereinafter referred to as the Board): And whereas the Board is prepared at its own expense to erect on the said lands swimming-baths with the necessary appurtenances, and, when the same are not reasonably required for the use of the children attending the said Hokowhitu School, to permit the same to be used by the public generally on terms to be agreed upon between the Council and the Board: And whereas it is desirable that the tenure of the Board with respect to the said land should be for a term of twenty-one years, with a perpetual right of renewal so long as the said land is used for the purposes of swimming-baths, and that the rental during such period should be a peppercorn rental: Be it therefore enacted as follows:—

    • (1) Notwithstanding anything to the contrary in the Reserves Act 1977, or in any other Act, the Governor-General is hereby empowered, on the application of the Council, to grant to the Board for the purpose of erecting swimming-baths thereon a lease of the land hereinafter described for a term of twenty-one years from the date of the execution of such lease and at a peppercorn rental. Such lease shall contain perpetual rights of renewal for further periods of twenty-one years each at a similar rental, and may contain such other provisions not inconsistent with this section as may be agreed on between the Council and the Board:

      Provided that it shall be a condition of such lease that in the event of the said land being no longer used by the Board for the purposes of swimming-baths the said lease shall terminate and the Board shall have no right of compensation against the Council or the Crown or any Board for the time being having control of the said land or any other person whomsoever.

    • (2) The Board shall be at liberty to erect upon the said land such buildings, including a caretaker's cottage, as may be reasonably necessary for the proper utilization of the swimming-baths and the convenience of the persons resorting thereto.

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

      All that parcel of land situate in the City of Palmerston North, being part of the Palmerston North Domain, and containing one rood thirty-eight and two-fifths perches, more or less, being portion of Lots 219 and 220 on Deposited Plan No 791, and being part of Subdivision 3, Hokowhitu Native Reserve: bounded towards the north-west by a line commencing at a point on the north-eastern side of Albert Street, 110 links from the south-western corner of Lot 221, and proceeding by a right line in a north-easterly direction for a distance of 350 links; thence in a south-easterly direction for a distance of 140 links; thence in a south-westerly direction for a distance of 350 links, to Albert Street; thence in a north-westerly direction by the north-eastern side of the said street for a distance of 140 links, to the point of commencement: as the same is delineated on the plan marked L and S 1/629, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

    The reference to the Public Reserves, Domains, and National Parks Act 1928 (1928 No 36) was 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).

10 Setting apart the Arikikapakapa Reserve, Rotorua, as a recreation reserve, and validating and authorizing the registration of a certain lease to the Rotorua Golf Club
  • Whereas the land known as the Arikikapakapa Reserve, Rotorua, and described in subsection four hereof, has been dealt with from time to time on the assumption that it had been duly set apart as a public reserve for recreation purposes, but has never actually been so reserved: And whereas, by memorandum of lease dated the thirty-first day of March, nineteen hundred and thirty, purporting to be granted under the authority of the Tourist and Health Resorts Control Act 1908, and Part 2 of the Public Reserves, Domains, and National Parks Act 1928, portion of the said land, together with portion of Section 10, Block I, Tarawera Survey District, was leased on behalf of His Majesty the King to the Rotorua Golf Club, Incorporated, for a term of twenty-one years from the first day of January, nineteen hundred and thirty: And whereas it is desirable that the Arikikapakapa Reserve as aforesaid should be declared to have been set apart as a public reserve for recreation purposes as from the date of the passing of the Tourist and Health Resorts Control Act 1906: And whereas it is desirable that the lease as aforesaid to the Rotorua Golf Club should be validated and provision made for its registration: Be it therefore enacted as follows:—

    • (1) The land known as the Arikikapakapa Reserve, and described in subsection four hereof, is hereby set apart as a public reserve for recreation purposes, and shall for all purposes be deemed to have been so set apart, as from the twenty-ninth day of October, nineteen hundred and six.

    • (2) The District Land Registrar for the Land Registration District of Auckland is hereby empowered and directed to issue, free of cost, a certificate of title for the said land in the name of His Majesty the King in trust for recreation purposes.

    • (3) The lease bearing the date the thirty-first day of March, nineteen hundred and thirty, hereinbefore referred to, is hereby validated, and shall, notwithstanding anything to the contrary in any Act, be deemed to have been valid and effectual at all times since its execution; and the District Land Registrar for the Land Registration District of Auckland is hereby empowered and directed, upon application being made to him in that behalf, and upon payment of the necessary fees, if any, to register such lease against the relevant title or titles.

    • (4) The land referred to in subsections one and two hereof is more particularly described as follows:—

      All that area in the Auckland Land District, containing by admeasurement one hundred and fifty-eight acres two roods twenty-four perches, more or less, being Section 32, Suburbs of Rotorua, situated in Block I, Tarawera Survey District: bounded towards the north by Sophia Street; towards the east by Lot 15 on Plan 2494, deposited in the office of the District Land Registrar at Auckland; again towards the north by Lots 15, 13, 11, 9, and 7 on Plan 2494, deposited as aforesaid, Lot 1 on Plan 16620, deposited as aforesaid, and part Lot 5 and Lots 4, 3, and 1 on Plan 2977, deposited as aforesaid; again towards the east by Fenton Street; towards the south by the closed portion of Sala Street; again towards the east by the closed portion of Sala Street and Section 81, Suburbs of Rotorua; towards the south-east by Section 10, Block I, Tarawera Survey District; towards the south-west by Tihi-o-Tonga C No 1 Block; towards the north-west by Sections 65 and 64, Suburbs of Rotorua; towards the north-east by Section 63, Suburbs of Rotorua; and towards the west generally by Section 63 aforesaid and the Old Tauranga-Taupo Road: save and excepting an intersecting road (Old Tauranga-Taupo Road). As the same is more particularly delineated on the plan marked L and S 22/2657, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red. (Auckland plan SO 25616.)

11 Cancelling reservation for purposes of primary education over land in Block IX, Whangape Survey District, and setting apart other land in lieu thereof
  • Whereas by Proclamation published in the Gazette of the nineteenth day of September, eighteen hundred and seventy-eight, Section 11, Block IX, Whangape Survey District, containing eighty-five acres two roods thirty-six perches, was provisionally reserved as an endowment for primary education: And whereas by Proclamation published in the Gazette of the tenth day of April, eighteen hundred and eighty-four, the said land was finally reserved for the purpose stated: And whereas in the year eighteen hundred and eighty-seven a subdivision of the adjoining Crown land was made and the plan of such subdivision erroneously included the aforesaid endowment for primary education which appears on the said plan as Section 24, and part Sections 21 and 25, Block IX, Whangape Survey District: And whereas on the thirteenth day of January, nineteen hundred and twelve, a certificate of title registered in Volume 207, folio 257, Auckland Registry, was issued in the name of His Majesty the King for the aforesaid Section 11, Block IX, Whangape Survey District, to be held as an endowment for primary education: And whereas the description of the land in the said certificate of title is correct; but the diagram endorsed thereon and intended to represent the said Section 11 actually represents an adjacent area of Crown land stated to contain eighty-five acres two roods, but which actually contains eighty-five acres one rood thirty-seven perches, now also known as Section 11, Block IX, Whangape Survey District: And whereas Sections 21, 24, and 25, Block IX, Whangape Survey District, have now been disposed of and certificates of title issued therefor: And whereas it is expedient that the reservation as an endowment for primary education over the land formerly known as Section 11, Block IX, Whangape Survey District, comprising eighty-five acres two roods thirty-six perches, be cancelled, and that the land now known as Section 11, Block IX, Whangape Survey District, comprising eighty-five acres one rood thirty-seven perches, be reserved in lieu thereof: Be it therefore enacted as follows:—

    • (1) The reservation as an endowment for primary education over the land formerly known as Section 11, Block IX, Whangape Survey District, as described in Proclamations published in the Gazettes of the nineteenth day of September, eighteen hundred and seventy-eight, and the tenth day of April, eighteen hundred and eighty-four, is hereby cancelled, and shall for all purposes be deemed to have been so cancelled as from the last-mentioned date.

    • (2) The land described in subsection four hereof is hereby reserved as an endowment for primary education, and shall for all purposes be deemed to have been so reserved as from the said tenth day of April, eighteen hundred and eighty-four.

    • (3) The District Land Registrar for the Land Registration District of Auckland is hereby directed to cancel certificate of title, Volume 207, folio 257, and to issue in lieu thereof, without fee, a certificate of title in the name of His Majesty the King for the land hereby reserved, subject to existing encumbrances registered on the said certificate of title, Volume 207, folio 257.

    • (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 eighty-five acres one rood thirty-seven perches, more or less, being Section 11, Block IX, Whangape Survey District: bounded, commencing at the eastern corner of Section 20, Block IX, Whangape Survey District, towards the north-east by Sections 17 and 18, Block IX, 1670.6 links; towards the east by Section 5, Block IX, 447.3 links, by Section 29, Block IX, by the abutment of a public road, and again by Section 29 aforesaid, 3364.7 links; towards the south generally by the Paihia 3B No 11 Block, 1593 links and 124.9 links; towards the west and south-west by Section 25, Block IX, 3562.2 links and 487.6 links; and towards the north-west by Section 20 aforesaid, 1686.9 links, to the point of commencement: be all the aforesaid linkages more or less: as the same is delineated on Plan Number 25913 (blue), deposited in the office of the Chief Surveyor, North Auckland, at Auckland, and thereon edged red.

12 Authorizing the sale to Lyttelton Harbour Board of certain land at Lyttelton
  • Whereas the land described in subsection four hereof is vested in the Lyttelton Harbour Board (hereinafter referred to as the Board) in trust as and for a site for a sailors' home by virtue of a deed of conveyance dated the twentieth day of May, eighteen hundred and eighty-two, registered in the Deeds Register Office at Christchurch under Number 65743, and issued under the authority of the Special Powers and Contracts Act 1881; subject, nevertheless, to the condition that if at any time the said land is used for any other purposes than a site for a sailors' home the title thereto shall revert to the Crown without any reconveyance or other instrument of title whatsoever: And whereas for some time past the Board has maintained a sailors' home on the said land at a substantial loss, and desires to discontinue its operations in that respect, and to acquire an estate in fee-simple in the said land freed from the aforesaid trust and provision for reversion: Be it therefore enacted as follows:—

    • (1) Notwithstanding anything to the contrary contained in the Special Powers and Contracts Act 1881, or in any other Act, it shall be lawful for His Majesty to sell and for the Board to purchase an estate in fee-simple in the land described in subsection four hereof freed from the trust and from the provision for reversion to the Crown hereinbefore referred to.

    • (2) The price that shall be paid by the Board to His Majesty for the purchase of the said land shall be ascertained by two arbitrators to be appointed by the Board and His Majesty respectively, or by their umpire in accordance with the provisions of the Arbitration Act 1908, and this section shall be deemed to be a submission to arbitration under that Act.

    • (3) The District Land Registrar for the Land Registration District of Canterbury is hereby empowered and directed, subject to the receipt by him of a Warrant in that behalf under the hand of the Governor-General, to cancel the existing title to the said land, and to issue in lieu thereof a new title to the said land in the name of the Board for an unencumbered estate in fee-simple.

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

      All that area in the Canterbury Land District, containing by admeasurement nineteen perches, more or less, and being part of Reserve Number 32, situated in the Borough of Lyttelton, and being all the land in certificate of title, Volume 414, folio 38, Canterbury Registry.

13 Authorizing the Rahotu Domain Board to pay compensation for certain improvements effected to portion of the Rahotu Domain
  • Whereas by memorandum of lease dated the twentieth day of October, nineteen hundred and twenty-five, Section 45, Block I, Opunake Survey District, Taranaki Land District, containing twenty-eight acres two roods and eleven perches, and comprising portion of the Rahotu Domain, was leased on behalf of His Majesty to Margaret Weaver under the provisions of Part 2 of the Public Reserves and Domains Act 1908: And whereas the said lease contained no provision with respect to payment of compensation for improvements, but the Rahotu Domain Board nevertheless agreed to compensate the lessee for certain improvements effected to the said land: And whereas doubts have arisen as to the power of the Board to make any payment by way of compensation for improvements, and it is desirable that power should be conferred on the Board in that behalf: Be it therefore enacted as follows:—

    It shall be lawful for the Rahotu Domain Board, out of funds derived from the leasing of the land comprising the Rahotu Domain, to pay to Margaret Weaver a sum not exceeding one hundred dollars as compensation for improvements effected to Section 45, Block I, Opunake Survey District, during her occupation thereof.

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

14 Authorizing agreements respecting railway land at Auckland
  • Whereas certain land of the Crown in the City of Auckland (hereinafter referred to as the railway land) will, on completion of the erection of the new railway-station at Auckland, be available for subdivision for leasing purposes: And whereas certain lands (hereinafter referred to as the Board's lands) of the Auckland Harbour Board (hereinafter referred to as the Board) abut on the railway land: And whereas it is desirable, first, that certain portions of the railway land (hereinafter referred to as the right-of-ways) should be used to provide access to the Board's lands, and it is desirable that the Minister of Railways (hereinafter referred to as the Minister), the Board, and the lessees of the Board's lands (hereinafter referred to as the lessees) should be empowered to enter into agreements for payment by the Board, or the lessees, or the Board and the lessees or any of them, of the cost of formation of the right-of-ways and compensation for the use thereof, and also of the cost of formation as streets of certain other portions of the railway land: And whereas it is desirable, secondly, that such agreements should provide for apportionment as between the Minister and the Board and between the Board and the lessees of the cost of the formation of the right-of-ways and streets and for apportionment between the Board and the lessees of compensation for the use of the right-of-ways, and for any amounts so apportioned to the lessees together with interest thereon at such rate as may be agreed upon to be paid by them by way of increased rentals or otherwise: And whereas it is desirable, thirdly, that the Auckland City Council should be empowered to accept dedication as streets of the right-of-ways and certain other portions of the railway land as aforesaid, and that such streets may be of such widths as may be agreed upon between the Minister and the Council: Be it therefore enacted as follows:—

    • (1) The Minister, the Board, and the lessees are hereby empowered to enter into agreements for the purposes first and secondly hereinbefore recited, and every such agreement duly made shall be binding on the parties thereto according to its tenor.

    • (2) The Minister and the Auckland City Council are hereby empowered to enter into an agreement for the purposes thirdly hereinbefore recited, and on such agreement being made the Governor-General may by Proclamation declare the right-of-ways and such other portions of railway land as aforesaid to be streets, and such Proclamation shall have effect according to the tenor thereof, notwithstanding that such streets may not conform to the requirements of the Municipal Corporations Act 1954, or any other Act, as to the legal width of streets or otherwise.

    The Municipal Corporations Act 1920 (1920 No 48) was repealed, as from 20 December 1933, by section 393(1) Municipal Corporations Act 1933 (1933 No 30). That Act was in turn repealed, as from 1 April 1955, by section 413 Municipal Corporations Act 1954 (1954 No 76). That Act was in turn repealed, as from 1 April 1980, by section 9(1) Local Government Amendment Act 1979 (1979 No 59).