Reserves and other Lands Disposal Act 1932

Reprint
as at 1 April 1949

Coat of Arms of New Zealand

Reserves and other Lands Disposal Act 1932

Public Act1932 No 24
Date of assent9 December 1932
Commencement9 December 1932

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by Land Information New Zealand.


Contents

Title

1 Short Title

2 Adding closed street to Te Kuiti Domain

3 Authorising the cancellation of forfeiture of certain leases over Sections 1, Block X, and 7 and 15, Block XI, Ohinemuri Survey District

4 Authorising the use for general domain purposes of certain trust funds held by the Uawa Domain Board

5 Validating a certain payment by the Te Ngutu-o-te-Manu Domain Board

6 Extending powers of Wanganui River Trust Board

7 Adding land to Westport Harbour Endowment

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

9 Validating a certain payment by the Waikouaiti Domain Board

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

11 Making provision for a site for a State Fire and Accident Insurance Office at Invercargill

12 Cancelling appropriation for a public park over certain land in Nelson Land District, and setting the same apart as a scenic reserve

13 Making provision for the control and management of Ruapekapeka Pa Scenic Reserve

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

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

16 Cancelling reservation over Guthrie Domain and river bank reserve, and making the land available for Maori land development purposes

17 Extension of provisions of section 124 of the Land Act 1924 [Repealed]

18 Amending section 60 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1924

19 Modifying provisions of section 8 of the Land Laws Amendment Act 1932 [Repealed]

20 Granting to lessee of land in Tutira Block, Hawke's Bay Land District, protection for improvements


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

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 3 roods 35 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.

    Section 2(2): amended (with effect on 9 December 1932), on 26 October 1942, by section 15 of the Reserves and other Lands Disposal Act 1942 (1942 No 13).

3 Authorising 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 29 September 1931, forfeited the interests of Emily Murland and George Murland in their leases of the lands described in subsection (3) for failure to comply with the conditions of their leases, and notice of such forfeiture was duly published in the Gazette of 14 January 1932:

    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 16 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 98 acres 2 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 186 acres 32 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 Authorising the use for general domain purposes of certain trust funds held by the Uawa Domain Board
  • Whereas the sum of 26 pounds 6 shillings and 8 pence 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 26 pounds 6 shillings and 8 pence to its general account, and to apply the same towards the general management, administration, and improvement of the Uawa Domain.

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 31 March 1931 by the Te Ngutu-o-te-Manu Domain Board to John Crabb Barclay, a member of the said Board, of the sum of 12 pounds 1 shilling and 5 pence 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.

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) Amendment(s) incorporated in the Act(s).

7 Adding land to Westport Harbour Endowment
  • (1) The land described in subsection (3) shall be administered in all respects as if it formed part of the lands described in Schedule 4 of 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 (1) relates is particularly described as follows:

    All that area in the Nelson Land District, containing by admeasurement 109 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 (5), 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, 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 (6) (hereinafter in this section referred to as the said land), being part of the land vested in the Canterbury College by section 120 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 54 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 12 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 15 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 120 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1920, and section 54 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1925.

    (5) The land to which subsection (1) 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 (2) and (3) 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 31 March 1931 by the Waikouaiti Domain Board to Andrew Fell, a member of the said Board, of the sum of 100 pounds, being the purchase price of part Section 7, Block VI, Hawksbury Survey District, area 50 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 6 March 1924, 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 315 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 of that Act 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 66 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) Amendment(s) incorporated in the Act(s).

    (2) The reservation over the land described in subsection (4), 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 (5), being the land referred to in the last preceding subsection, together with portion of the area dealt with in section 66 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 (2) relates is particularly described as follows:

    All that area in the Southland Land District, containing by admeasurement 1 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 (3) relates is particularly described as follows:

    All that area in the Southland Land District, containing by admeasurement 9 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 2 May 1907, 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 46 acres 1 rood 5 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 13 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 44 of the Public Reserves, Domains, and National Parks Act 1928, consist of not more than 10 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 4 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 31 January 1905.

    (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 106 pounds 1 shilling for the said land described in subsection (1) is hereby authorised for payment to the Public Works Fund, in terms of subsection (4) of section 53 of the Finance Act 1930, as amended by section 25 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 (4) 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 4 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 (5), such privileges being regarded as necessary for the proper utilisation 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 (6), and such privileges were duly acquired:

    And whereas the Downs Settlement has been subdivided in manner contemplated by the said section 4 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 21 May 1930, it was agreed by His Majesty to secure to the aforesaid John Beattie and Rachel Wilson Beattie the right to receive a total of 2 heads of water for delivery to the lands described in subsection (7):

    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 3 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 1 or more of such purposes, and such area shall include the Downs Settlement and the lands described in subsection (7), 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 (7):

    • (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) 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).

    (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 2 June 1932.

    (5) The mining privileges in respect of water acquired by His Majesty, as hereinbefore recited, from John Beattie are the following—namely, licence for a water race, Number 2639, dated 24 October 1907, licence for a water race, Number 4690, dated 8 August 1927, both such licences 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, licence for a water race, Number 4892, licence for a branch race, Number 4893, licence for a branch race, Number 4894, licence for a branch race, Number 4895, licence for a branch race, Number 4896, licence for a flood race, Number 4897, licence for a flood race, Number 4898, licence for a flood race, Number 4899, licence for a flood race, Number 4900, licence for a flood race, Number 4901, all such licences being registered at the office of the Mining Registrar at Naseby, and dated 1 September 1930.

    (7) The lands held by John Beattie to which His Majesty has agreed to secure the right to receive 2 heads of water as hereinbefore recited are Section 4, Block X, and Sections 6 and 7, Block VII, Blackstone Survey District, Otago Land District.

    Section 15(2)(d): amended, on 31 October 1936, by section 2(4) of the Reserves and other Lands Disposal Act 1936 (1936 No 49).

    Section 15(7): amended, on 13 October 1941, by section 20(6) of the Reserves and other Lands Disposal Act 1941 (1941 No 21).

16 Cancelling reservation over Guthrie Domain and river bank reserve, and making the land available for Maori land development purposes
  • (1) The reservation for the purposes of a public domain over the Guthrie Domain as described in subsection (5) 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) 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) relates is particularly described as follows:

    All that area in the Auckland Land District, containing by admeasurement 19 acres 3 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 (3) relates is particularly described as follows:

    All that area in the Auckland Land District, containing by admeasurement 11 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.

    Section 16 heading: amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

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

    Section 17: repealed, on 1 April 1949, by section 185(1) of the 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 60 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 6 November 1927:

    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 licences have been issued in pursuance of section 60 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1924, or section 33 of the Native Land Amendment and Native Land Claims Adjustment Act 1927, and it is doubtful whether there was authority for the issue of the said licences:

    And whereas it is desired to validate the issue of the said deferred-payment licences:

    Be it therefore enacted as follows:

    (1) Amendment(s) incorporated in the Act(s).

    (2) All deferred-payment licences issued without sufficient authority as aforesaid, in purported pursuance of the provisions of section 33 of the Native Land Amendment and Native Land Claims Adjustment Act 1927, or of the provisions of any other authority in respect of the lands described in subsection (3), shall be deemed to be and always to have been valid and effectual.

    (3) The land to which subsection (2) 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 1 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, Block II, containing thirty-six and eight-tenths perches; Section 8, Block IV, containing 1 rood; Section 9, Block IV, containing 1 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: repealed, on 1 April 1949, by section 185(1) of the 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 11 April 1911, and registered in the Deeds Register Office at Napier under number 45417, the Ikaroa District Maori Land Board leased an area of approximately 1 300 acres of the Tutira Block to Arama Pohio for the term of 26.5 years from 5 February 1911:

    And whereas the said lease is now vested in William Raeburn Paterson:

    And whereas the Crown has acquired from the Maori 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 471 of the Native Land Act 1931:

    Be it therefore enacted as follows:

    The rights conferred by section 471 of the Native Land Act 1931 on the aforesaid lessee, WilIiam Raeburn Paterson, with respect to the land comprised in the said lease dated 11 April 1911, 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 1,290 pounds, in respect of which the Crown purchased from the Maori 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.

    Section 20: amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Reserves and other Lands Disposal Act 1932. The reprint incorporates all the amendments to the Act as at 1 April 1949, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Land Act 1948 (1948 No 64): section 185(1)

    Maori Purposes Act 1947 (1947 No 59): section 2

    Reserves and other Lands Disposal Act 1942 (1942 No 13): section 15

    Reserves and other Lands Disposal Act 1941 (1941 No 21): section 20(6)

    Reserves and other Lands Disposal Act 1936 (1936 No 49): section 2(4)