Reserves and other Lands Disposal Act 1932 No 24 (as at 03 September 2007), Public Act

Reserves and other Lands Disposal Act 1932

Public Act1932 No 24
Date of assent9 December 1932

Note

This Act is administered in Land Information New Zealand. The words Department of Survey and Land Information were substituted, as from 1 February 1990, for the words Department of Lands and Survey pursuant to s 9(3)(a) Survey Amendment Act (No 3) 1989 (1989 No 139). Those words were in turn substituted, as from 1 July 1996, by the words Land Information New Zealand pursuant to s 4(b)(i) Survey Amendment Act 1996 (1996 No 55).


Contents

Title


An Act to provide for the Sale, Reservation, and other Disposition of certain Reserves, Crown Lands, Endowments, and other Lands, to validate certain Transactions, and to make Provision in respect of certain other Matters.

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 1932.

2 Adding closed street to Te Kuiti Domain
  • Whereas the closed street in the Borough of Te Kuiti hereinafter described was closed by the Te Kuiti Borough Council under the provisions in that behalf of the Municipal Corporations Act 1920: And whereas it is desired by the said Council that the land comprised in the said street closed as aforesaid should be added to the Te Kuiti Domain: Be it therefore enacted as follows:—

    (1) The parcel of land hereinafter described, being the closed street hereinbefore referred to, is hereby declared to be subject to the provisions of Part 2 of the Public Reserves, Domains, and National Parks Act 1928, and to form part of the Te Kuiti Domain, and to be subject to the control of the Te Kuiti Domain Board.

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

    All that area in the Auckland Land District, containing by admeasurement three roods thirty-five perches and two-tenths of a perch, more or less, being Section 32, Block III, Otanake Survey District: as the same is more particularly delineated on the plan marked L and S 1/107A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

    The description in subsection (2) was substituted, as from 26 October 1942, by section 15 Reserves and other Lands Disposal Act 1942 (1942 No 13).

3 Authorizing the cancellation of forfeiture of certain leases over Sections 1, Block X, and 7 and 15, Block XI, Ohinemuri Survey District
  • Whereas the Land Board of the Auckland Land District, by resolution dated the twenty-ninth day of September, nineteen hundred and thirty-one, forfeited the interests of Emily Murland and George Murland in their leases of the lands described in subsection three hereof for failure to comply with the conditions of their leases, and notice of such forfeiture was duly published in the Gazette of the fourteenth day of January, nineteen hundred and thirty-two: And whereas it is deemed expedient to cancel the said forfeiture: Be it therefore enacted as follows:—

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

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

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

    All that area in the Auckland Land District, containing by admeasurement sixteen acres, more or less, being Section 1, Block X, Ohinemuri Survey District, and being all the land in certificate of title, Volume 285, folio 17:

    Also all that area in the Auckland Land District, containing by admeasurement ninety-eight acres two roods, more or less, being Section 7, Block XI, Ohinemuri Survey District, and being all the land in certificate of title, Volume 286, folio 275:

    Also all that area in the Auckland Land District, containing by admeasurement one hundred and eighty-six acres thirty-two perches, more or less, being Section 15, Block XI, Ohinemuri Survey District, and being all the land in certificate of title, Volume 287, folio 199.

4 Authorizing the use for general domain purposes of certain trust funds held by the Uawa Domain Board
  • Whereas the sum of fifty-two dollars and sixty-six and two-thirds cents is held by the Uawa Domain Board in trust for the purpose of forming a public tennis-court on the Uawa Domain: And whereas the necessity for forming a tennis-court as aforesaid no longer exists, and it is desired to transfer the said sum to the Board's general account: Be it therefore enacted as follows:—

    Notwithstanding anything to the contrary in any Act or rule of law the Uawa Domain Board is hereby empowered to transfer the said sum of fifty-two dollars and sixty-six and two-thirds cents to its general account, and to apply the same towards the general management, administration, and improvement of the Uawa Domain.

    The expression fifty-two dollars and sixty-six and two-thirds cents was substituted, as from 10 July 1967, for the expression twenty-six pounds six shillings and eightpence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

5 Validating a certain payment by the Te Ngutu-o-te-Manu Domain Board
  • Notwithstanding anything to the contrary in any Act or rule of law, the payment during the financial year ended the thirty-first day of March, nineteen hundred and thirty-one, by the Te Ngutu-o-te-Manu Domain Board to John Crabb Barclay, a member of the said Board, of the sum of twenty-four dollars and fourteen and one-sixth cents for certain material supplied by him is hereby validated and declared to have been lawfully made by the said Board and to have been lawfully received by the said John Crabb Barclay.

    The expression twenty-four dollars and fourteen and one-sixth cents was substituted, as from 10 July 1967, for the expression twelve pounds one shilling and fivepence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

6 Extending powers of Wanganui River Trust Board
  • (1) Notwithstanding anything contained in the Scenery Preservation Act 1908, the Governor-General may from time to time, by Warrant under his hand, vest the control and management of any scenic reserve situated in the vicinity of the Wanganui River in the Wanganui River Trust Board in its capacity as a Domain Board upon such trusts and with such powers and subject to such conditions as are declared in such Warrant.

    (2) Subject to such Warrant, the Board shall have and may exercise with respect to any scenic reserve so placed under its control and management all the powers which it has with respect to the lands under its control and administration as a public domain, and may from time to time expend any domain funds in or towards the improvement, maintenance, and protection of such scenic reserve.

    (3) Subsection four of section twenty-one of the Reserves and other Lands Disposal Act 1926, is hereby amended by inserting, after the words Minister of Lands, the words or in or towards the improvement, maintenance, and protection of the domain or other lands now or hereafter placed under the control and management of the said Board.

7 Adding land to Westport Harbour Endowment
  • (1) The land described in subsection three hereof shall be administered in all respects as if it formed part of the lands described in Schedule 4 to the Westland and Nelson Coal Fields Administration Act 1877.

    (2) The Governor-General may from time to time, by Proclamation, declare that any accretion formed by the action of the sea to the said land shall also be administered as aforesaid.

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

    All that area in the Nelson Land District, containing by admeasurement one hundred and nine acres, more or less, situated in Block II, Steeples Survey District: bounded towards the north-west by the Tasman Sea; towards the east by Section 19, Block II, Steeples Survey District; towards the south-east by a road; and towards the south-west by a road: as the same is more particularly delineated on a plan marked MD 7098, deposited in the Marine Department, at Wellington, and thereon bordered red.

8 Cancelling the reservation and control over portion of a recreation reserve, and vesting the same in the Corporation of Canterbury College as an addition to the museum-site; and creating a right of way over another portion of the museum-site in favour of the Corporation of the City of Christchurch
  • (1) The land described in subsection five hereof, being portion of a recreation reserve (the control of which is vested in the Christchurch Domains Board), is hereby freed and discharged from the reservation and control heretofore affecting the same and is hereby vested in the Corporation of the Canterbury College (a body incorporated under the provisions of the Canterbury College and the Canterbury Agricultural College Act 1896 Repealed, and hereafter in this section referred to as the Canterbury College) for the purpose of the existing museum, and the Canterbury College shall hold such land upon the trusts and for the specific purposes contemplated by the Canterbury Museum and Library Ordinance 1870.

    (2) Over and affecting the land described in subsection six hereof (hereinafter in this section referred to as the said land), being part of the land vested in the Canterbury College by section one hundred and twenty of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1920, there are hereby created as appurtenant to the land described in section fifty-four of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1925, and in favour of the Corporation of the City of Christchurch (hereinafter in this section referred to as the Corporation) as owner of such last-mentioned land and its successors in title, and the servants, employees, and licensees of the Corporation and its successors in title the following rights:—

    • (a) A full and free right of way and passage at all times from sunrise to sunset, and during such other times as the Canterbury College may from time to time determine, subject to a right hereby conferred on the College, its successors and assigns, from time to time to suspend the said right of way and passage, but for not more than twelve daylight hours in any one week:

    • (b) A full and free right from time to time to break up and open the surface of the said land for the purpose of laying, cleansing, and repairing and relaying such drains as the Corporation may require.

    (3) Notwithstanding anything contained in the last preceding subsection,—

    • (a) The Canterbury College, or any other owner for the time being of the land adjoining the said land on the north and south thereof, shall at all times be entitled to erect, maintain, and project or suspend any buildings over the said land, at a height of not less than fifteen feet from the ground-level of the said land at the passing of this Act, and may excavate the said land and lay and for ever keep laid and maintained, in any such excavation below the surface, all such footings and foundations as in the opinion of the Canterbury College or other owner as aforesaid may be fit and proper as the foundation or as part of the foundation of any wall or support to be erected on such adjoining land, and may also erect and use scaffolding on the said land for the purpose of erecting any such wall or support, provided that every such excavation shall, on the completion of the work for which it was made, be filled in and levelled to the satisfaction of the Corporation:

    • (b) The said land shall at all times be suitably formed, fenced, and maintained by the Corporation (or the successor in title of the Corporation), which shall erect and maintain suitable gates giving access to the said land, and may, subject to the restrictions as to user of the said right of way and passage contained in paragraph (a) of the last preceding subsection, open and close such gates at such times as it deems desirable:

    • (c) No dedication of the said land as a highway shall be presumed from anything contained in this section or from the exercise of any of the rights and powers hereby conferred.

    (4) The District Land Registrar for the Land Registration District of Canterbury is hereby empowered and directed to issue such certificates of title and to bring down thereon such memorials as may be necessary to give effect to the foregoing provisions of this section and section one hundred and twenty of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1920, and section fifty-four of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1925.

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

    All that area in the Canterbury Land District, containing by admeasurement nine and five-tenths perches, more or less, and being part of Reserve No 25, situated in the City of Christchurch, and bounded by lines commencing at a point distant 403.72 links, bearing 266° 44′, from the Standard Survey Stone at the intersection of Rolleston Avenue and Worcester Street; thence southerly 60 links, bearing 179° 9′; thence westerly 100 links, bearing 269° 49′ 5″; thence northerly 60 links, bearing 359° 49′ 5″; thence easterly 99.3 links, bearing 89° 49′ 5″, to the point of commencement: as the same is more particularly delineated on the plan marked L and S 1/562, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

    (6) The land to which subsections two and three hereof relate is particularly described as follows:—

    All that area in the Canterbury Land District, containing by admeasurement ten and eight-tenths perches, more or less, and being part of Reserve Number 25, situated in the City of Christchurch, and bounded by lines commencing at a point distant 261.49 links, bearing 330° 18′ 33″, from the Standard Survey Stone at the intersection of Rolleston Avenue and Worcester Street; thence westerly 373.65 links, bearing 269° 49′ 5″; thence northerly 18.18 links, bearing 359° 49′ 5″; thence easterly 373.65 links, bearing 89° 49′ 5″; thence southerly 18.18 links, bearing 179° 49′ 5″, to the point of commencement: as the same is more particularly delineated on the plan marked L and S 1/562, deposited in Head Office, Department of Lands and Survey, at Wellington, and thereon bordered yellow.

9 Validating a certain payment by the Waikouaiti Domain Board
  • Notwithstanding anything to the contrary in any Act or rule of law, the payment during the financial year ended the thirty-first day of March, nineteen hundred and thirty-one, by the Waikouaiti Domain Board to Andrew Fell, a member of the said Board, of the sum of one hundred pounds, being the purchase price of part Section 7, Block VI, Hawksbury Survey District, area fifty acres, more or less, for the purpose of addition to the said Waikouaiti Domain, is hereby validated and declared to have been lawfully made by the said Board and to have been lawfully received by the said Andrew Fell.

10 Cancelling the reservation as a provisional State forest over certain land in Southland Land District, and setting the same apart as a scenic reserve
  • Whereas by Proclamation published in the Gazette of the sixth day of March, nineteen hundred and twenty-four, the land hereinafter described was, with certain other land, set apart as 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 Scenery Preservation Act 1908, as recommended by the Board constituted under that Act: Be it therefore enacted as follows:—

    (1) The reservation for provisional State forest purposes 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 Scenery Preservation Act 1908.

    (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 hundred and fifteen acres, more or less, being Section 49, Block VI, Otara Survey District, and bounded as follows: towards the west generally by Section 51, Block VI, Otara Survey District, and Petersen Road; towards the north-west by Hagen Road; towards the north-east by the Tokanui-Haldane Road; and towards the south generally by Section 52, Block VI, Otara Survey District: as the same is more particularly delineated on the plan marked L and S 9/2674B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

11 Making provision for a site for a State Fire and Accident Insurance Office at Invercargill
  • Whereas by the Invercargill Public Offices Site Act 1875, the land described in Schedule 1 thereto was vested in Her Majesty as a public reserve for public offices or for the purpose of other public buildings for the use of the General Government of the Colony of New Zealand: And whereas by section sixty-six of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1912, part of the public buildings reserve as aforesaid was declared to be Crown land which might be sold to the Public Trustee: And whereas the area declared to be Crown land as aforesaid is not now required by the Public Trustee, and it is desired to dispose of portion of the same, together with portion of the adjoining public buildings reserve, as a site for a State Fire and Accident Insurance Office: Be it therefore enacted as follows:—

    (1) Section sixty-six of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1912, is hereby amended by omitting from subsection one thereof all words after the words Crown land.

    (2) The reservation over the land described in subsection four hereof, being portion of the public buildings reserve hereinbefore referred to, is hereby cancelled, and the said land is hereby declared to be Crown land.

    (3) The land described in subsection five hereof, being the land referred to in the last preceding subsection, together with portion of the area dealt with in section sixty-six of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1912, may be sold to the State Fire Insurance General Manager at a price to be determined by the Minister of Lands.

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

    All that area in the Southland Land District, containing by admeasurement one perch and nine-tenths of a perch, more or less, being Section 1, Block XC (formerly part of the Invercargill Public Offices Site), Town of Invercargill: bounded towards the north by Esk Street, 11.6 links; towards the east by Section 2, 100.93 links; towards the south and west by other part of the Invercargill Public Offices Site, 11.6 links and 100.93 links respectively; be all the aforesaid linkages more or less: as the same is more particularly delineated on the plan marked L and S 5506A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

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

    All that area in the Southland Land District, containing by admeasurement nine perches and eight-tenths of a perch, more or less, being Sections 1 and 2, Block XC (formerly part of the Invercargill Public Offices Site), Town of Invercargill: bounded towards the north by Esk Street, 60.61 links; towards the east by Section 3, 100.93 links; towards the south by Crown land and part of the Invercargill Public Offices Site, 60.61 links; towards the west by part of the Invercargill Public Offices Site, 100.93 links; be all the aforesaid linkages more or less: as the same is more particularly delineated on the plan marked L and S 5506A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red and green.

12 Cancelling appropriation for a public park over certain land in Nelson Land District, and setting the same apart as a scenic reserve
  • Whereas the land hereinafter described was appropriated for a public park by Warrant published in the Gazette of the second day of May, nineteen hundred and seven, and the said land is now subject to the Public Reserves, Domains, and National Parks Act 1928: And whereas it is desirable that the said land should be set apart as a scenic reserve, subject to the provisions of the Scenery Preservation Act 1908, as recommended by the Board constituted under that Act: Be it therefore enacted as follows:—

    (1) The appropriation for a public park 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 Scenery Preservation Act 1908.

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

    All that area in the Nelson Land District, containing forty-six acres one rood five perches, more or less, being part of Section 15, Block VIII, Inangahua Survey District: as the same is more particularly delineated on the plan marked L and S 4/333, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

13 Making provision for the control and management of Ruapekapeka Pa Scenic Reserve
  • (1) Notwithstanding anything to the contrary contained in the Scenery Preservation Act 1908, the Governor-General may by Warrant under his hand vest the control of the reserve known as the Ruapekapeka Pa Scenic Reserve in the Domain Board for the time being having the control and management of the Kawakawa Domain, with such powers and subject to such conditions as may be declared in such Warrant. Any such Warrant may be in like manner amended or revoked.

    (2) Upon the gazetting of any such Warrant vesting the control of the scenic reserve as aforesaid, the existing appointment of the Ruapekapeka Pa Scenic Board, under the provisions of section thirteen of the Scenery Preservation Act 1908, shall cease and determine.

    (3) Notwithstanding anything to the contrary contained in the Public Reserves, Domains, and National Parks Act 1928, the Kawakawa Domain Board may in any year apply such portion of its general funds as may be determined by the Minister of Lands towards the management, administration, and upkeep of the Ruapekapeka Pa Scenic Reserve.

    (4) The Kawakawa Domain Board may, notwithstanding the limitation of membership imposed by section forty-four of the Public Reserves, Domains, and National Parks Act 1928, consist of not more than ten members, and such additional appointments of members as may be necessary to bring the membership up to that number may from time to time be made by the Governor-General in Council.

14 Validating certificate of title, Volume 135, folio 148, Wellington Registry, and declaring part of original Section 20, Hutt Registration District, to be part of a street
  • Whereas the land hereinafter in this section described was, with other land, taken by Proclamation, and is vested in His Majesty the King for railway purposes: And whereas the land comprised in certificate of title, Volume 135, folio 148, Wellington Land Registry, of which the registered proprietors are Peter Macarthur Cameron and George Sykes, erroneously includes that part of the said land first hereinafter described, and is therefore invalid as to such part: And whereas the said land is not required for railway purposes and it is desirable to validate the said certificate of title as to the land so erroneously included in it and to declare the land secondly hereinafter described to be part of the street giving access to the said land: Be it therefore enacted as follows:—

    (1) The title to all that parcel of land in the Borough of Lower Hutt, containing by admeasurement four perches and fifty-six one-hundredths of a perch, more or less, being Railway Reserve, formerly part of Section 20, Hutt Registration District, as the same is more particularly delineated and coloured yellow on a plan deposited in the Office of the Chief Surveyor, at Wellington, and numbered 250/41, is hereby divested from His Majesty the King and vested in the said Peter Macarthur Cameron and George Sykes, and for all purposes shall be deemed to have become so vested in them on the thirty-first day of January, nineteen hundred and five.

    (2) The said certificate of title, Volume 135, folio 148, is hereby validated.

    (3) All that parcel of land in the Borough of Lower Hutt, containing by admeasurement twenty-one one hundredths of a perch, more or less, being Railway Reserve, formerly part of Section 20, Hutt Registration District, as the same is more particularly delineated and coloured blue on the said plan, is hereby declared to be part of the street giving access to the said land.

    (4) Compensation amounting to one hundred and six pounds one shilling for the said land described in subsection one hereof is hereby authorized for payment to the Public Works Fund, in terms of subsection four of section fifty-three of the Finance Act 1930 Repealed, as amended by section twenty-five of the Finance Act 1931 (No 2).

15 Special provision with respect to mining privileges for the supply of water to lands in the Downs Settlement and other lands in Otago Land District
  • Whereas the land mentioned in subsection four hereof forms part of the Downs Settlement and was purchased by His Majesty the King as to part thereof from John Beattie, and as to other part thereof from Rachel Wilson Beattie, under section four of the Land Laws Amendment Act 1928: And whereas with the said land there were acquired from the said John Beattie the mining privileges in respect of water mentioned in subsection five hereof, such privileges being regarded as necessary for the proper utilization of the land comprised in that Settlement: And whereas it was subsequently deemed necessary for His Majesty to apply for and acquire the further mining privileges in respect of water mentioned in subsection six hereof, and such privileges were duly acquired: And whereas the Downs Settlement has been subdivided in manner contemplated by the said section four of the Land Laws Amendment Act 1928, and the several subdivisions have been acquired by way of purchase on deferred payments by the persons (hereinafter called the purchasers) on whose application the Downs Settlement was acquired by His Majesty as hereinbefore recited: And whereas the purchase price of each of the said subdivisions includes a proportionate part of the amount paid by His Majesty in respect of the acquisition of all the aforesaid mining privileges in respect of water (hereinafter collectively referred to as the said privileges): And whereas it is deemed advisable that His Majesty should continue to hold and to administer the said privileges: And whereas for that purpose it is advisable to confer certain powers on the Minister of Lands (hereinafter called the Minister): And whereas by memorandum of agreement, bearing date the twenty-first day of May, nineteen hundred and thirty, it was agreed by His Majesty to secure to the aforesaid John Beattie and Rachel Wilson Beattie the right to receive a total of two heads of water for delivery to the lands described in subsection seven hereof: And whereas it is desirable to empower the Minister to supply water under the said privileges to other lands not forming part of the Downs Settlement: Be it therefore enacted as follows:—

    (1) The Downs Settlement and the said privileges shall for all purposes be deemed to have been lawfully acquired by His Majesty, and the said privileges shall, together with all water-races heretofore or hereafter constructed in connection therewith, continue to be held in the name of His Majesty. The expression water-race shall throughout this section have the meaning assigned to it by section three of the Water-supply Act 1908, and shall apply in all respects as if all water-races and other works and things mentioned in the said definition which are now existing or may hereafter be made or constructed in relation to the said privileges had been constructed by or under the authority of a County Council or Water-supply Board as in the said definition mentioned.

    (2) For the purpose of the proper control and administration of the said privileges and water-races while held in the name of His Majesty, the Minister—

    • (a) May by notice in the Gazette define an area within which water may be supplied under the said privileges for irrigation purposes, or for domestic or household use, or for watering stock, or for any one or more of such purposes, and such area shall include the Downs Settlement and the lands described in subsection seven hereof, and may in the discretion of the Minister also include other lands not forming part of the said Settlement, and the Minister may from time to time in like manner alter the boundaries of such area by the inclusion therein of any other lands or the exclusion therefrom of any lands other than the lands in the Downs Settlement and the lands described in subsection seven hereof:

    • (b) Shall have and may exercise in respect of the said privileges and water-races all the powers, rights, duties, and authorities conferred on the Minister of Public Works by section 275 of the Public Works Act 1928, in respect of water-races and water-supply works to which that section is applicable:

      Provided however that paragraph (b) of the said section shall not apply to the said privileges or water-races:

    • (c) May construct any additional water-races or water-supply works which in his opinion are advisable or necessary for the fuller use or enjoyment of the said privileges:

    • (d) May in the name and on behalf of His Majesty enter into agreements in such form as the Minister may approve with any owner or occupier of any lands within the area for the time being defined under paragraph (a) of this subsection in respect of the supply of water and the price or rate of payment therefor (if any)

    • (e) May delegate to a committee of the persons for the time being entitled to a supply of water under the provisions of this section (but subject to such conditions as he thinks fit to impose) the exercise of all or any of the powers conferred on him by paragraphs (b) and (c) of this subsection.

    (3) Nothing contained in this section shall be deemed to bind His Majesty or the Minister to construct or to maintain any water-race, or channel, or anything whatsoever pertaining to a water-race, or to the delivery of water; nor shall anything contained in this section be construed as relieving from the payment of his proportionate share of the cost of maintenance and control of the said water-races, or other expenses, any person entitled to the use or delivery of water from the said water-races, whether or not such use or delivery is without charge.

    (4) The land purchased by His Majesty from John Beattie and Rachel Wilson Beattie, and forming part of the Downs Settlement, is particularly described in a notification under the hand of the Minister published in the Gazette of the second day of June, nineteen hundred and thirty-two.

    (5) The mining privileges in respect of water acquired by His Majesty, as hereinbefore recited, from John Beattie are the following—namely, license for a water-race, Number 2639, dated twenty-fourth October, nineteen hundred and seven, license for a water-race, Number 4690, dated eighth August, nineteen hundred and twenty-seven, both such licenses being registered at the office of the Mining Registrar at Naseby.

    (6) The further mining privileges in respect of water acquired by His Majesty, as hereinbefore recited, for the purposes of the Downs Settlement are the following—namely, license for a water-race, Number 4892, license for a branch-race, Number 4893, license for a branch-race Number 4894, license for a branch-race, Number 4895, license for a branch-race, Number 4896, license for a flood-race, Number 4897, license for a flood-race, Number 4898, license for a flood-race, Number 4899, license for a flood-race, Number 4900, license for a flood-race, Number 4901, all such licenses being registered at the office of the Mining Registrar at Naseby, and dated the first day of September, nineteen hundred and thirty.

    (7) The lands held by John Beattie . . . to which His Majesty has agreed to secure the right to receive two heads of water as hereinbefore recited are Section 4, Block X, and Sections 6 and 7, Block VII, Blackstone Survey District, Otago Land District.

    Subsection (2)(d) was amended, as from 31 October 1936, by section 2(4) Reserves and other Lands Disposal Act 1936 (1936 No 49) by omitting the words , and the provisions of sections two hundred and seventy-eight, two hundred and seventy-nine, and two hundred and eighty of the Public Works Act 1928, shall, with such modifications as the Governor-General by Order in Council may from time to time direct, apply to every such agreement.

    Subsection (7) was amended, as from 13 October 1941, by section 20 Reserves and other Lands Disposal Act 1941 (1941 No 21) by omitting the words and Rachel Wilson Beattie.

16 Cancelling reservation over Guthrie Domain and river-bank reserve, and making the land available for Native-land-development purposes
  • (1) The reservation for the purposes of a public domain over the Guthrie Domain as described in subsection (5) hereof is hereby cancelled and the appointment of the Guthrie Domain Board is hereby revoked, and the said land is hereby declared to be vested in His Majesty to be held, administered and dealt with under the provisions of section 522 of the Native Land Act 1931.

    (2) The Governor-General may by Order in Council set apart as a public domain in lieu of the Guthrie Domain hereinbefore referred to such portion as he may deem expedient of the land known as Rotomahana-Parekarangi Number 6A Section 2 Number 4B Number 1A Number 1B Block, which said land is held by His Majesty subject to the provisions of section 522 of the Native Land Act 1931, under certificate of title, Volume 356, folio 96, Auckland Registry. On the issue of such Order in Council as aforesaid the land so set apart shall be managed, administered, and dealt with in all respects as a public domain under and subject to the provisions of Part 2 of the Public Reserves, Domains, and National Parks Act 1928.

    (3) The reservation for the purposes of a river-bank reserve over the land described in subsection (6) hereof is hereby cancelled, and notwithstanding anything to the contrary contained in section 129 of the Land Act 1924, the said land is hereby declared to be vested in His Majesty to be held, administered, and dealt with under the provisions of section 522 of the Native Land Act 1931.

    (4) On deposit in the Land Registry Office at Auckland of sufficient plans of the lands affected, the District Land Registrar for the Land Registration District of Auckland is hereby empowered and directed to amend or cancel any existing certificate of title and to issue such new certificates of title as may be necessary to give effect to the provisions of this section.

    (5) The land to which subsection (1) hereof relates is particularly described as follows:—

    All that area in the Auckland Land District, containing by admeasurement nineteen acres three roods, more or less, being Section 11, Block XIV, Horohoro Survey District: as the same is delineated on the plan marked L and S 1/869, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

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

    All that area in the Auckland Land District, containing by admeasurement eleven acres, more or less, being a river-bank reserve adjoining Sections 11 and 12, Block XIV, Horohoro Survey District, and bounded as follows: commencing at a point where the left bank of the Pokaitu Stream meets a public road; thence towards the east generally by a public road and by Sections 11 and 12 as aforesaid; towards the south by a river-bank reserve adjoining Section 10, Block XIV, Horohoro Survey District; and towards the west generally by the Pokaitu Stream: as the same is delineated on the plan marked L and S 1/869A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured red.

17 Extension of provisions of section 124 of the Land Act 1924
  • [Repealed]

    Section 17 was repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

18 Amending section 60 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1924
  • Whereas by section sixty of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1924, the right was conferred on the holders of leases within the Taumarunui Township Extension Number 1 to acquire the fee-simple of the lands comprised in their leases before the sixth day of November, nineteen hundred and twenty-seven: And whereas it is desired to extend the time during which such right may be exercised: And whereas divers persons have acquired the fee-simple of their sections on deferred payments since the aforesaid date and before the passing of this Act: And whereas certain deferred-payment licenses have been issued in pursuance of section sixty of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1924, or section thirty-three of the Native Land Amendment and Native Land Claims Adjustment Act 1927 Repealed, and it is doubtful whether there was authority for the issue of the said licenses: And whereas it is desired to validate the issue of the said deferred-payment licenses: Be it therefore enacted as follows:—

    (1) Subsection one of section sixty of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1924, is hereby amended as from the passing of that Act by omitting from subsection one thereof the words within a period of three years after the passing of this Act, and substituting the words during the currency of his lease.

    (2) All deferred-payment licenses issued without sufficient authority as aforesaid, in purported pursuance of the provisions of section thirty-three of the Native Land Amendment and Native Land Claims Adjustment Act 1927 Repealed, or of the provisions of any other authority in respect of the lands described in subsection three hereof, shall be deemed to be and always to have been valid and effectual.

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

    All those areas in the Taumarunui Township Extension Number 1 (formerly part of Ohura South G No 3C Section 8), situated in the Auckland Land District, and being Section 7, Block I, containing one rood; Section 1, Block II, containing thirty-six and eight-tenths perches; Section 3, Block II, containing thirty-six and eight-tenths perches; Section 4, Block II, containing thirty-six and eight-tenths perches; Section 5, BIock II, containing thirty-six and eight-tenths perches; Section 8, Block IV, containing one rood; Section 9, Block IV, containing one rood; and Section 1, Block V, containing thirty-one and nine-tenths perches.

19 Modifying provisions of section 8 of the Land Laws Amendment Act 1932
  • [Repealed]

    Section 19 was repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

20 Granting to lessee of land in Tutira Block, Hawke's Bay Land District, protection for improvements
  • Whereas by deed of lease dated the eleventh day of April, nineteen hundred and eleven, and registered in the Deeds Register Office at Napier under number 45417, the Ikaroa District Maori Land Board leased an area of approximately thirteen hundred acres of the Tutira Block to Arama Pohio for the term of twenty-six years and a half from the fifth day of February, nineteen hundred and eleven: And whereas the said lease is now vested in William Raeburn Paterson: And whereas the Crown has acquired from the Native owners their interests in portion of the Tutira Block aforesaid, including the land comprised in the said lease, and it is desirable that the aforesaid lessee should be afforded protection for his improvements in the exercise by him of any rights conferred by section four hundred and seventy-one of the Native Land Act 1931: Be it therefore enacted as follows:—

    The rights conferred by section four hundred and seventy-one of the Native Land Act 1931, on the aforesaid lessee, WilIiam Raeburn Paterson, with respect to the land comprised in the said lease dated the eleventh day of April, nineteen hundred and eleven, shall, when exercisable by him, be deemed to be the rights of a tenant who holds under a lease containing a provision for payment of compensation for improvements, save that the improvements valued by the Valuer-General at one thousand two hundred and ninety pounds, in respect of which the Crown purchased from the Native owners the reversionary and other interests therein, shall not be deemed to be improvements effected by the tenant or improvements for which the tenant is entitled to be compensated.