Reserves and other Lands Disposal Act 1933

Reprint
as at 17 December 1968

Coat of Arms of New Zealand

Reserves and other Lands Disposal Act 1933

Public Act1933 No 45
Date of assent22 December 1933
Commencement22 December 1933

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 Cancelling the reservation for thermal purposes over part Section 12, Rangitaiki Parish, and setting the land apart as a public domain

3 Taking certain lands for the Thames water race and amending a description with regard thereto

4 Validating a certain payment by the Westshore Domain Board

5 Validating a certain payment by the Pongaroa Scenic Board

6 Validating certain transactions in regard to Otamakapua No 1A Block (McGregor Block)

7 Cancelling the reservation as a provisional State forest over certain land in Marlborough Land District, and setting the same apart as a scenic reserve

8 Cancelling the reservation as a provisional State forest over certain land in Marlborough Land District and setting the same apart as a scenic reserve

9 Authorising the Gisborne Borough Council to join with the Crown in the acquisition of certain land as a public domain, and providing for the raising of a special loan for such purpose

10 Extending the benefits of section 124 of the Land Act 1924 to the holder of any lease under section 35 of the Reserves and other Lands, etc, Act 1919

11 Extending powers of trustees of a recreation and racecourse reserve at Martinborough

12 Cancelling the reservation as provisional State forest over certain land in Nelson Land District, and setting the same apart as a scenic reserve

13 Authorising the Christchurch City Council to grant a lease of part of a Municipal reserve to the Christchurch Returned Soldiers' Association, Incorporated

14 Cancelling the provisional State forest reservation over certain land in Otago Land District, and setting same apart as a recreation reserve

15 Authorising the leasing of portion of Lake Okataina Scenic Reserves [Repealed]

16 Authorising Havelock Commonage Trustees to contribute to funds of Waitahuna Domain Board [Repealed]

17 Cancelling the reservation over provisional State forest and scenic reserve areas in Southland Land District, and setting the same apart for national park purposes

18 Limiting powers of Egmont Agricultural and Pastoral Association to mortgage its property

19 Authorising surrender of lease over Sections 1 of 4 and 1 of 5, Omaka Settlement, Block I, Taylor Pass Survey District, the issue of a new lease, and the disposal of certain insurance moneys

20 Authorising grant of lease to Dannevirke Rugby Football Sub-union of part of Section 78, Block III, Tahoraite Survey District

21 Section 12 of Reserves and other Lands Disposal Act 1932–33 amended

22 Section 13 of Reserves and other Lands Disposal Act 1932–33 amended [Repealed]

23 Section 3 of Land Laws Amendment Act 1931 extended [Repealed]

24 Amending section 4 of the Land Laws Amendment Act 1931 [Repealed]

25 Amending section 119 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1921–22

26 Authorising cancellation of reservation over portion of Rongokaupo Hill Scenic Reserve in Block IV, Makotuku Survey District [Repealed]


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 1933.

2 Cancelling the reservation for thermal purposes over part Section 12, Rangitaiki Parish, and setting the land apart as a public domain
  • Whereas the land hereinafter described was by Proclamation published in the Gazette of 18 July 1918 taken for thermal purposes, and the control of such land is now vested in the Whakatane County Council pursuant to the provisions of the Scenery Preservation Act 1908:

    And whereas it is desirable that the said land should be set apart as a public domain subject to the provisions of Part 2 of the Public Reserves, Domains, and National Parks Act 1928 and arrangements made for its control and management by the said Council acting as a Domain Board:

    Be it therefore enacted as follows:

    (1) The reservation for thermal purposes over the land hereinafter described and the vesting of control thereof in the Whakatane County Council under the provisions of the Scenery Preservation Act 1908 are hereby cancelled, and the said land is hereby set apart as a public domain subject to the provisions of Part 2 of the Public Reserves, Domains, and National Parks Act 1928 under the name of the Pukaahu Hot Springs Domain.

    (2) The Whakatane County Council shall be the Pukaahu Hot Springs Domain Board, having the care and management of the said land as if it had been duly appointed as such pursuant to the provisions in that behalf of section 48 of the Public Reserves, Domains, and National Parks Act 1928 and notwithstanding anything in that Act it shall be lawful for such Council to exercise and carry out the functions, rights, and powers which as such Domain Board it is entitled to exercise or carry out in the name of the Whakatane County Council and by resolutions and proceedings of the Council without being called together or sitting as a Domain Board.

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

    All that area in the Auckland Land District, containing by admeasurement 10 acres 3 roods 38 perches, more or less, being part of Section 12, Rangitaiki Parish, in Block VII, Rangitaiki Upper Survey District: bounded on the north-east, south-east, and south-west by other part of the said Section 12, and on the north-west by a public road: as the same is more particularly delineated on the plan marked L and S 611, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

3 Taking certain lands for the Thames water race and amending a description with regard thereto
  • Whereas by Proclamation published in the Gazette of 29 August 1895, at page 1295, and registered in the Land Registry Office at Auckland as Number 1425, the lands described therein were taken for the Thames water race:

    And whereas certain further lands on which the said water race was constructed have not been taken in the manner required by law, and it is desirable that they should be taken:

    And whereas one area is incorrectly described in the said Proclamation:

    Be it therefore enacted as follows:

    (1) The parcels of land situated in the Thames Survey District, containing 1 rood 25 perches, 2 roods two and seven-tenths perches, and 2 roods eleven and four-fifths perches, being portion of land granted to the Church Mission Society in Crown Grant 545D, as the same are more particularly delineated on the plan marked PWD 86512, deposited in the office of the Minister of Public Works at Wellington, and thereon coloured purple, red, and blue respectively, are hereby taken for the Thames water race, and shall be deemed to have been included in the said Proclamation.

    (2) The said Proclamation is hereby amended by adding and Korokoro A Blocks after 1282 Huikaretu A 2 as the description of the area of 3 roods 26 perches included in the schedule thereto.

    (3) The District Land Registrar for the Auckland Land Registration District is hereby empowered to make such entries in the registers as are necessary to give effect to the provisions of this section.

4 Validating a certain payment by the Westshore Domain Board
  • Notwithstanding anything to the contrary in the Public Reserves, Domains, and National Parks Act 1928, or in any other Act, the payment during the 3 financial years ended 31 March 1933 by the Westshore Domain Board to Charles Richard Gardiner, a member of the said Board, of the sum of 176 pounds 3 shillings and 9 pence is hereby validated and declared to have been lawfully made by the said Board and to have been lawfully received by the said Charles Richard Gardiner.

5 Validating a certain payment by the Pongaroa Scenic Board
  • Notwithstanding anything to the contrary in the Scenery Preservation Act 1908, or in any other Act, the payment during the 4 financial years ended 31 March 1933 by the Pongaroa Scenic Board to Max Kayser, a member of the said Board, of the sum of 8 pounds 4 shillings and 6 pence is hereby validated and declared to have been lawfully made by the said Board and to have been lawfully received by the said Max Kayser.

6 Validating certain transactions in regard to Otamakapua No 1A Block (McGregor Block)
  • Whereas by memorandum of lease dated 22 August 1906 and registered in the office of the District Land Registrar of the Land Registration District of Wellington under Number 7220, Utiku Potaka, of Rata, in the Provincial District of Wellington, with the consent of the Aotea District Maori Land Board given pursuant to the provisions of section 16 of the Maori Lands Settlement Act 1905 leased to Matilda McGregor, of Mangaonoho, in the Provincial District of Wellington, wife of Ewen McGregor of the same place, for the term of 50 years from and inclusive of 20 June 1906, all that piece of land situated in the Provincial District of Wellington, containing 1 740 acres, be the same a little more or less, being the block of land known as Otamakapua Number 1A Block, situate in Block IV, Ongo Survey District, and Block I, Apiti Survey District, and being the whole of the land then comprised in and described by certificate of title, Volume 92, folio 299, and now in certificate of title, Volume 366, folio 257, in the office of the District Land Registrar of the Land Registration District of Wellington:

    And whereas Matilda McGregor subdivided the land comprised in the said memorandum of lease registered Number 7220 and granted to various persons subleases of the subdivisions for varying terms:

    And whereas His Majesty the King made advances pursuant to the provisions of the Discharged Soldiers Settlement Act 1915 to enable various persons to acquire a number of the various sublessees' interests in the subleases and to effect in some cases permanent improvements on the lands comprised therein:

    And whereas on the default of the sublessees who had obtained advances from His Majesty pursuant to the provisions of the Discharged Soldiers Settlement Act 1915, both in compliance with the terms of their subleases and the mortgages to His Majesty the King securing thereon the moneys advanced as aforesaid, it was considered desirable in protection of the moneys so advanced, which form part of the Discharged Soldiers Settlement Account, for the interest of Matilda McGregor in memorandum of lease registered Number 7220 aforesaid to be acquired by His Majesty:

    And whereas Matilda McGregor's interest in memorandum of lease registered Number 7220 was acquired by His Majesty without consideration by memorandum of transfer dated 8 April 1932 and registered in the office of the District Land Registrar of the Land Registration District of Wellington on 8 April 1932 under Number 215277:

    And whereas His Majesty, as lessee under memorandum of lease registered Number 7220, and now lessor of the various subleases, accepted in some cases the surrender of the subleases on the security of which moneys had been advanced pursuant to the Discharged Soldiers Settlement Act 1915 and in other cases determined by re-entry the subleases on the security of which moneys had been similarly advanced and granted in lieu thereof fresh subleases, with rentals in accordance with present-day values, and secured same to His Majesty by way of mortgages representing the present-day values of the interests against which advances were made from the Discharged Soldiers Settlement Account:

    And whereas fresh subleases were arranged for those subdivisions which were untenanted when memorandum of lease Number 7220 aforementioned was acquired by His Majesty, and security taken thereover for moneys previously advanced from the Discharged Soldiers Settlement Account in accordance with today's values of the interest represented by such advances:

    And whereas it is desired to validate all such acts and to enable appropriate action to be taken in other cases that may arise in connection with dealings with the said land:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in any Act or rule of law all the following acts are hereby validated, namely:

    • (a) the acceptance of the transfer from Matilda McGregor of her interest in memorandum of lease dated 22 August 1906 and registered in the Land Transfer Office at Wellington under Number 7220:

    • (b) the acceptance of the surrender of the various subleases on the security of which moneys had been advanced from the Discharged Soldiers Settlement Account or the termination by re-entry of such subleases:

    • (c) the granting of fresh subleases in lieu of those determined, with rentals in accordance with current values, and the taking of security thereover by way of mortgages in protection of the moneys advanced from the Discharged Soldiers Settlement Account.

    (2) The Governor-General is hereby empowered to grant from time to time, in the name and on behalf of His Majesty, fresh subleases of the unoccupied subdivisions of the land comprised in the said memorandum of lease registered No 7220, and shall have similar powers in respect of any subdivisions, the subleases of which may be determined in any manner whatever, and also to take security over the subleases so arranged for such subdivisions by way of mortgage to preserve the moneys that may have been advanced on such subdivisions from the Discharged Soldiers Settlement Account. For the purpose of giving full effect to the provisions of this subsection, the provisions of the Discharged Soldiers Settlement Amendment Act 1921–22 and the amendments thereof, shall apply in respect of the interests acquired by His Majesty in the lands hereinbefore referred to.

7 Cancelling the reservation as a provisional State forest over certain land in Marlborough Land District, and setting the same apart as a scenic reserve
  • Whereas the land hereinafter described is a provisional State forest reserve set apart by Proclamation published in the Gazette of 25 March 1920 and is subject to the provisions of the Forests Act 1921–22:

    And whereas it is desirable that the said land should be set aside 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 Marlborough Land District, containing 236 acres, more or less, being Sections 1A and 8A, Block VIII, Wakamarina Survey District: as the same is more particularly delineated on the plan marked L and S 4/652, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

8 Cancelling the reservation as a provisional State forest over certain land in Marlborough Land District and setting the same apart as a scenic reserve
  • Whereas the land hereinafter described forms portion of an area set apart by Proclamation, published in the Gazette of 8 May 1919, as and for a provisional State forest, and is now subject to the provisions of the Forests Act 1921–22:

    And whereas it is desirable that the said land should be set apart as a scenic reserve subject to the provisions of the Scenery Preservation Act 1908 as recommended by the Board constituted under the last-mentioned Act:

    Be it therefore enacted as follows:

    (1) The reservation as a provisional State forest over the land hereinafter described is hereby cancelled, and the said land is hereby set apart as a scenic reserve subject to the provisions of the Scenery Preservation Act 1908.

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

    All that area in the Marlborough Land District, containing 450 acres, more or less, being Section 43, Block VIII, and Section 1, Block XI, Heringa Survey District, and Section 33, Block IX, Wakamarina Survey District: as the same is more particularly delineated on plan marked L and S 4/354, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered green.

9 Authorising the Gisborne Borough Council to join with the Crown in the acquisition of certain land as a public domain, and providing for the raising of a special loan for such purpose
  • Whereas arrangements have been entered into between the Crown and the Gisborne Borough Council (hereinafter called the Council) for the acquisition as a public domain of certain land at present owned by the Gisborne Racing Club (hereinafter called the club):

    And whereas the said land is valued for the purposes of such acquisition at the sum of 6,500 pounds:

    And whereas it has been agreed between the Crown, the Council, and the club that the transaction shall be completed in the manner following, that is to say:

    • (a) by the club accepting in part payment at a valuation of 2,500 pounds the land known as the Makaraka Domain, being Section 6, Block II, Turanganui Survey District, containing an area of 43 acres 2 roods 30 perches, more or less;

    • (b) by a cash payment to the club of the sum of 1,500 pounds from the funds at present standing to the credit of the Makaraka Domain Account;

    • (c) by payment to the club of the sum of 2,500 pounds in Gisborne Borough debentures;

    • (d) by the club agreeing to find a suitable lessee for the land so proposed to be acquired as a public domain for a term of 5 years at a rental of 150 pounds per annum:

    And whereas it is desirable that legislative authority be provided to enable the Council to join with the Crown in the acquisition of the club's property, and for the raising of a special loan to complete the necessary financial arrangements:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in any Act, the Council may join with the Crown in the acquisition as a public domain under Part 2 of the Public Reserves, Domains, and National Parks Act 1928 of the land hereinafter described, and may for such purpose, but subject always to the consent of the Local Government Loans Board first had and obtained, borrow an amount, not exceeding 2,500 pounds, by way of special loan under the Local Bodies' Loans Act 1926, to enable the Council to contribute its agreed-upon share of the cost of acquisition of such land.

    (2) The land the property of the club proposed to be acquired for the purposes of a public domain in the manner hereinbefore appearing is particularly described as follows:

    All that parcel of land in the Gisborne Land District, containing by admeasurement 105 acres 2 roods thirty-eight and five-tenths perches, more or less, being part of subdivisions numbered 1 and 5C on a plan deposited in the Land Registry Office at Gisborne under Number 555, being also part of the Matawhero 5 or B Block delineated on the public map of Block II, Turanganui Survey District, deposited in the office of the Chief Surveyor at Gisborne, and being also the whole of the land comprised in certificate of title, Volume 42, folio 55, Gisborne Registry.

    Also all that parcel of land in the Borough of Gisborne, Gisborne Land District, containing by admeasurement thirty-three and eighty-two hundredths perches, more or less, being Lot numbered 3 on a plan deposited in the Land Registry Office at Gisborne under Number 2628, and being the whole of the land comprised in certificate of title, Volume 77, folio 72, Gisborne Registry.

10 Extending the benefits of section 124 of the Land Act 1924 to the holder of any lease under section 35 of the Reserves and other Lands, etc, Act 1919
  • The provisions of section 124 of the Land Act 1924 are hereby extended so as to apply to the holder of any lease or part of any lease granted pursuant to the provisions of section 35 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1919.

11 Extending powers of trustees of a recreation and racecourse reserve at Martinborough
  • Whereas the land comprised in certificate of title, Volume 103, folio 58, Wellington Land Registry, containing 101 acres and 26 perches (hereinafter referred to as the said land), is vested in trustees in trust as a public recreation ground and racecourse for the people of Martinborough and the surrounding districts subject (save as otherwise provided in the instrument creating the trust) to the provisions of sections 29 and 30 of the Public Reserves and Domains Act 1908:

    And whereas revenues from the said land have accumulated in the hands of the trustees and are likely to continue to accumulate:

    And whereas, in the opinion of the trustees, no object immediately beneficial to the people of Martinborough and the surrounding districts would be achieved by the expenditure of such revenue on the said land:

    And whereas it is desirable that the trustees should be vested with further powers in respect of the disposal of present and expected accumulations of revenue for the benefit of the people of Martinborough and surrounding districts:

    Be it therefore enacted as follows:

    Out of any revenues derived from the said land which are at present in or which may in the future come to the hands of the trustees, it shall be lawful for the trustees to expend such sums as they think fit in or toward the following purposes:

    • (a) the improvement of any lands, and the improvement or repair of any buildings, now held or which in the future may be held by the trustees or any other trustees or corporation for purposes of public recreation for the benefit of the people of Martinborough and surrounding districts:

    • (b) the purchase or other acquisition by the trustees of any lands or buildings situate within the boundaries of the County of Featherston, whether forming part of that county or not:

      provided that no lands and buildings shall be so purchased or acquired, save with the prior consent of the Minister of Lands, and that all lands and buildings so purchased or acquired shall be held by the trustees upon such trusts for the benefit of the people of Martinborough and surrounding districts as shall be determined by the Minister before granting his consent as aforesaid.

12 Cancelling the reservation as provisional State forest over certain land in Nelson Land District, and setting the same apart as a scenic reserve
  • Whereas by Proclamation published in the Gazette of 25 March 1920 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 reserve 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 Nelson Land District, containing by admeasurement 277 acres 2 roods 27 perches, more or less, being Section 23, Block VII, Kaiteriteri Survey District: as the same is delineated on the plan marked L and S 6/5/46, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

13 Authorising the Christchurch City Council to grant a lease of part of a Municipal reserve to the Christchurch Returned Soldiers' Association, Incorporated
  • Whereas the land hereinafter described is held by the Corporation of the City of Christchurch in trust for municipal purposes of the city:

    And whereas by Part 18 of the Municipal Corporations Act 1920 no lease of the said land may be for any longer term than 1 year unless sold by public auction or public tender:

    And whereas the Christchurch City Council desires to grant to the Christchurch Returned Soldiers' Association, Incorporated, a lease of the said land for a term of 30 years for the purpose of establishing a soldiers' and sailors' settlement:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in the Municipal Corporations Act 1920, the Public Reserves, Domains, and National Parks Act 1928, or in any other Act, the Christchurch City Council is hereby authorised to grant to the Christchurch Returned Soldiers' Association, Incorporated, for the purpose of establishing a soldiers' and sailors' settlement, a lease of the land hereinafter described at a peppercorn rental for a term of 30 years from 1 October 1933.

    (2) The said lease shall contain such provisions, not inconsistent with this section, as may be considered necessary by the said Council for the right of re-entry over the said land and for the preservation of the amenities of the district.

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

    All that area in the Canterbury Land District, containing by admeasurement 15 acres, more or less, situated in the City of Christchurch, and being all the western portion of Reserve 212, and bounded as follows: commencing at a point on the westernmost corner of Reserve 212, thence north-easterly along the east side of Junction Road, 914.42 links, 17°23′; thence north-easterly and easterly along the east and south sides of Pages Road, 775.24 links, 43°49′40″, and 240.15 links, 89°55′, respectively; thence southerly 2 081.6 links, 180°10′, to a point on the north side of Rudds Road; thence westerly, north-westerly, and again westerly along the north side generally of Rudds Road, 334.9 links, 270°49′; 904.94 links, 315°30′30″; and 75.3 links, 269°20′30″, respectively, to the point of commencement: as the same is more particularly delineated on the plan marked L and S 6/1/523, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

14 Cancelling the provisional State forest reservation over certain land in Otago Land District, and setting same apart as a recreation reserve
  • Whereas the land hereinafter described forms portion of a provisional State forest set apart by Proclamation published in the Gazette of 12 July 1923 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 for recreation purposes:

    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 recreation reserve, subject to the provisions of the Public Reserves, Domains, and National Parks Act 1928.

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

    All that area in the Otago Land District containing by admeasurement 37 acres 2 roods 6 perches, more or less, being part Section 28, Block X, Woodland Survey District, and bounded as follows: towards the north-east by a public road 5 349.9 links; towards the east by a public road 49.5 links; towards the south by other part of Section 28, 4 721.1 links; and towards the west by Section 14 Block IX, Woodland Survey District, 1 616.5 links: be all the aforesaid linkages more or less: as the same is more particularly delineated on the plan marked L and S 1/967, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

15 Authorising the leasing of portion of Lake Okataina Scenic Reserves
  • [Repealed]

    Section 15: repealed (with effect on 27 January 1943), on 25 August 1943, by section 7(4) of the Reserves and other Lands Disposal Act 1943 (1943 No 14).

16 Authorising Havelock Commonage Trustees to contribute to funds of Waitahuna Domain Board
  • [Repealed]

    Section 16: repealed, on 17 December 1968, by section 6(2) of the Reserves and Other Lands Disposal Act 1968 (1968 No 130).

17 Cancelling the reservation over provisional State forest and scenic reserve areas in Southland Land District, and setting the same apart for national park purposes
  • Whereas by Proclamation published in the Gazette of 8 May 1919 the land firstly hereinafter described was set apart as a provisional State forest, and is now subject to the provisions of the Forests Act 1921–22:

    And whereas by Proclamation published in the Gazette of 15 February 1912 the land secondly hereinafter described was, with certain other land, set apart as a scenic reserve, and is now subject to the provisions of the Scenery Preservation Act 1908:

    And whereas it is desirable that the said lands should be set apart for national park purposes under and subject to the provisions of Part 1 of the Public Reserves, Domains, and National Parks Act 1928:

    Be it therefore enacted as follows:

    (1) The reservation for provisional State forest purposes over the land firstly hereinafter described, and the reservation for scenic purposes over the land secondly hereinafter described, is hereby cancelled, and the said lands are hereby set apart for national park purposes under and subject to the provisions of Part 1 of the Public Reserves, Domains, and National Parks Act 1928 and are hereby declared to form part of the Sounds National Park.

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

    Firstly, all that area in the Southland Land District, containing by estimation 1 900 acres, more or less, being part of Run 441, Manapouri Survey District, and being provisional State forest Number 23 as described in Proclamation published in the Gazette of 8 May 1919. As the same is more particularly delineated on plan marked L and S X/101/23, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

    Secondly, all that area in the Southland Land District, containing 160 acres, more or less, being Section 3, Block II, and Section 2, Block IV, Manapouri Survey District, and being part of the Horseshoe Bend (Waiau River) Scenic Reserve, as described in Proclamation published in the Gazette of 15 February 1912. As the same is more particularly delineated on plan marked L and S X/101/23A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured red.

18 Limiting powers of Egmont Agricultural and Pastoral Association to mortgage its property
  • Whereas the Egmont Agricultural and Pastoral Association (hereinafter in this section referred to as the association) is the registered proprietor, inter alia, of the land hereinafter described:

    And whereas the sole mortgage encumbrance on the said land securing the sum of 10,000 pounds has been reduced to the sum of 1,500 pounds by public subscription and by concessions made by the mortgagee in order that the said land may be preserved as showgrounds for the residents of South Taranaki:

    And whereas it is desirable that the said land shall not hereafter be mortgaged or pledged by the association as security for any further sum or sums whatsoever:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in the Agricultural and Pastoral Societies Act 1908, the association shall not have power to mortgage or pledge the land hereinafter described for any purpose whatsoever other than for the purpose of refinancing the existing mortgage for 1,500 pounds over the said land.

    (2) The land the property of the association to which this section relates is particularly described as follows:

    All that area in the Taranaki Land District, containing 52 acres 2 roods 28 perches, more or less, being Section 153, Block V, Hawera Survey District, and being all the land comprised in certificate of title, Volume 99, folio 250, Taranaki Registry.

    Also all that area in the Taranaki Land District, containing thirty-three and one-tenth perches, more or less, being Allotment 1, part of Subdivision 80, part Section 182, Patea District, Block V, Hawera Survey District, and being all the land comprised in certificate of title, Volume 38, folio 116, Taranaki Registry.

    Also all that area in the Taranaki Land District, containing nineteen and five-tenths perches, more or less, being part Allotment 83 on deposited plan 79, part Section 182, Patea District, Block V, Hawera Survey District, and being all the land comprised in certificate of title, Volume 21, folio 20, Taranaki Registry.

    Also all that area in the Taranaki Land District, containing eight and eight-tenths perches, more or less, being Allotment 1 of Subdivision 84, part Section 182, Patea District, Block V, Hawera Survey District, and being all the land comprised in certificate of title, Volume 36, folio 247, Taranaki Registry.

19 Authorising surrender of lease over Sections 1 of 4 and 1 of 5, Omaka Settlement, Block I, Taylor Pass Survey District, the issue of a new lease, and the disposal of certain insurance moneys
  • Whereas the land described in subsection (5) is vested in His Majesty, but is subject to a renewable lease for a period of 33 years from 1 January 1925 and such lease is now held by Richard Stevens Webb, of Blenheim, farmer:

    And whereas the capital value of the land as set forth in the said lease is 3,200 pounds, which amount includes the sum of 1,100 pounds, being the value, as stated in the second schedule to such lease, of the buildings on the said land:

    And whereas the house on the said land has been destroyed by fire, and insurance moneys amounting to 800 pounds have been paid to the Deposit Account of the Receiver of Land Revenue at Blenheim:

    And whereas the lessee proposes to erect a new house at a cost of 550 pounds, and also to rebuild at a cost of 50 pounds certain farm buildings requiring renewal:

    And whereas it is desirable that the cost of such rebuilding operations shall be met out of the insurance moneys hereinbefore referred to, and that in future the value of such buildings, together with the value of certain other building improvements now existing on the said land, shall not be included in the capital value of the land, but shall be repaid in the manner provided by section 61 of the Land for Settlements Act 1925:

    And whereas for the better carrying-out of the hereinbefore-mentioned proposals it is expedient that the Marlborough Land Board should be empowered to accept a surrender of the existing lease over the land, and to grant in substitution therefor a new lease for the balance of the term created thereby:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in any Act, the Marlborough Land Board is hereby empowered to accept the surrender of the lease hereinbefore referred to, and to issue in substitution therefor a new lease for the balance of the term of 33 years from 1 January 1925 subject to the same terms and conditions as are incorporated in the said existing lease modified as follows:

    • (a) For the purposes of such new lease the capital value of the land described in subsection (5) shall be 2,100 pounds, and the annual rental payable shall be 105 pounds.

    • (b) Such new lease shall contain a condition for the repayment by the lessee of the sum of 650 pounds (the value of building improvements) by half-yearly instalments, and the provisions of section 61 of the Land for Settlements Act 1925 shall apply in all respects to such repayment.

    • (c) The second schedule to the existing lease shall be incorporated in such new lease only so far as concerns the various items set forth in such schedule relating to improvements other than buildings.

    (2) Without further authority than this subsection, and notwithstanding anything to the contrary in any Act, the new lease granted in pursuance of the last preceding subsection may be registered under the Land Transfer Act 1915 and when so registered shall form a folium of the register book in the Office of the District Land Registrar at Blenheim. Such new lease shall be deemed to be subject to all existing encumbrances, liens, and interests (if any) registered against the surrendered lease at the date of surrender, and the provisions of paragraph (c) of section 96 of the Land Act 1924 shall, with the necessary modifications, apply thereto.

    (3) The sum of 800 pounds, being the proceeds of insurance policy Number 16195359 at present in the Deposit Account of the Receiver of Land Revenue at Blenheim, shall, on the passing of this Act, be paid into the Land for Settlements Account.

    (4) There shall be paid out of the Land for Settlements Account, without further appropriation than this section, the cost of replacing the house destroyed by fire and of rebuilding the farm buildings hereinbefore referred to:

    provided that such payment shall not exceed the sum of 600 pounds.

    (5) The land comprised in the said existing renewable lease and over which a new lease is to be issued as aforesaid is particularly described as follows:

    All that area in the Marlborough Land District, containing by admeasurement 180 acres 3 roods 13 perches, situated in Omaka Settlement, Taylor Pass Survey District, being Sections 1 of 4 and 1 of 5, Block I, on the plan of the said district, and being all the land comprised in renewable lease Number 133, registered in the District Land Registry at Blenheim under Volume 26, folio 250.

20 Authorising grant of lease to Dannevirke Rugby Football Sub-union of part of Section 78, Block III, Tahoraite Survey District
  • Whereas by Warrant published in the Gazette of 10 July 1884, Section 78, Block III, Tahoraite Survey District, Hawke's Bay Land District, containing 4 acres 2 roods 10 perches, was reserved for police purposes:

    And whereas it is desired to lease a portion of the said land to the Dannevirke Rugby Football Sub-union, Incorporated, as an extension to the football grounds of that body:

    Be it therefore enacted as follows:

    Notwithstanding anything to the contrary in the Public Reserves, Domains, and National Parks Act 1928 the Governor-General may grant to the Dannevirke Rugby Football Sub-union, Incorporated, a lease over an area of approximately 1 acre 3 roods 14 perches of the police reserve hereinbefore referred to (the said area being situated adjoining the existing property of the said sub-union) for any term not exceeding 21 years, and upon such terms and conditions as he thinks fit to impose.

21 Section 12 of Reserves and other Lands Disposal Act 1932–33 amended
  • Amendment(s) incorporated in the Act(s).

22 Section 13 of Reserves and other Lands Disposal Act 1932–33 amended
  • [Repealed]

    Section 22: repealed, on 26 October 1935, by section 8(1) of the Land Laws Amendment Act 1935 (1935 No 25).

23 Section 3 of Land Laws Amendment Act 1931 extended
  • [Repealed]

    Section 23: repealed, on 1 April 1949, by section 185(1) of the Land Act 1948 (1948 No 64).

24 Amending section 4 of the Land Laws Amendment Act 1931
  • [Repealed]

    Section 24: repealed, on 26 October 1935, by section 6(4) of the Land Laws Amendment Act 1935 (1935 No 25).

25 Amending section 119 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1921–22
  • Amendment(s) incorporated in the Act(s).

26 Authorising cancellation of reservation over portion of Rongokaupo Hill Scenic Reserve in Block IV, Makotuku Survey District
  • [Repealed]

    Section 26: repealed, on 16 September 1938, by section 10 of the Reserves and other Lands Disposal Act 1938 (1938 No 19).


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 1933. The reprint incorporates all the amendments to the Act as at 17 December 1968, 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)
  • Reserves and Other Lands Disposal Act 1968 (1968 No 130): section 6(2)

    Land Act 1948 (1948 No 64): section 185(1)

    Reserves and other Lands Disposal Act 1943 (1943 No 14): section 7(4)

    Reserves and other Lands Disposal Act 1938 (1938 No 19): section 10

    Land Laws Amendment Act 1935 (1935 No 25): sections 6(4), 8(1)