Reserves and Other Lands Disposal Act 1933

Reserves and Other Lands Disposal Act 1933

Public Act1933 No 45
Date of assent22 December 1933

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 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 the eighteenth day of July, nineteen hundred and eighteen, taken for thermal purposes, and the control of such land is now vested in the Whakatane County Council pursuant to the provisions of the Reserves Act 1977: 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 Reserves Act 1977, 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 Spring 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 forty-eight 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 ten acres three roods thirty-eight 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 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.

    The Scenery Preservation Act 1908 was repealed, as from 1 April 1954, by section 107(1) Reserves and Domains Act 1953 (1953 No 69). That Act was in turn repealed, as from 1 April 1978, by section 125(1) Reserves Act 1977 (1977 No 66).

3 Taking certain lands for the Thames Water-race and amending a description with regard thereto
  • Whereas by Proclamation published in the Gazette of the twenty-ninth day of August, eighteen hundred and ninety-five, 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 one rood twenty-five perches, two roods two and seven-tenths perches, and two 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 three roods twenty-six perches included in the schedule thereto.

    (3) The District Land Registrar for the Auckland Land Registration District is herbey 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 Reserves Act 1977, or in any other Act, the payment during the three financial years ended the thirty-first day of March, nineteen hundred and thirty-three, by the Westshore Domain Board to Charles Richard Gardiner, a member of the said Board, of the sum of three hundred and fifty-two dollars and thirty-eight cents 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.

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

    The words three hundred and fifty-two dollars and thirty-eight cents were substituted, as from 10 July 1967, for the words one hundred and seventy-six pounds three shillings and ninepence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

5 Validating a certain payment by the Pongaroa Scenic Board
  • Notwithstanding anything to the contrary in the Reserves Act 1977, or in any other Act, the payment during the four financial years ended the thirty-first day of March, nineteen hundred and thirty-three, by the Pongaroa Scenic Board to Max Kayser, a member of the said Board, of the sum of sixteen dollars and forty-five cents 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.

    The Scenery Preservation Act 1908 was repealed, as from 1 April 1954, by section 107(1) Reserves and Domains Act 1953 (1953 No 69). That Act was in turn repealed, as from 1 April 1978, by section 125(1) Reserves Act 1977 (1977 No 66).

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

6 Validating certain transactions in regard to Otamakapua No 1A Block (McGregor Block)
  • Whereas by memorandum of lease dated the twenty-second day of August, nineteen hundred and six, 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 sixteen 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 fifty years from and inclusive of the twentieth day of June, nineteen hundred and six, all that piece of land situated in the Provincial District of Wellington, containing one thousand seven hundred and forty 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 the eighth day of April, nineteen hundred and thirty-two, and registered in the office of the District Land Registrar of the Land Registration District of Wellington on the eighth day of April, nineteen hundred and thirty-two, 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 to-day'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 the twenty-second day of August, nineteen hundred and six, 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 his 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 the twenty-fifth day of March, nineteen hundred and twenty, and is subject to the provisions of the Forests Act 1949: And whereas it is desirable that the said land should be set aside as a scenic reserve subject to the provisions of the Reserves Act 1977, as recommended by the Board constituted under that Act: Be it therefore enacted as follows:—

    (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 Reserves Act 1977.

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

    All that area in the Marlborough Land District, containing two hundred and thirty-six 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.

    The Scenery Preservation Act 1908 was repealed, as from 1 April 1954, by section 107(1) Reserves and Domains Act 1953 (1953 No 69). That Act was in turn repealed, as from 1 April 1978, by section 125(1) Reserves Act 1977 (1977 No 66).

    The Forests Act 1921-22 (1921 No 43) was repealed, as from 1 January 1950, by section 73(1) Forests Act 1949 (1949 No 19).

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 the eighth day of May, nineteen hundred and nineteen, as and for a provisional State forest, and is now subject to the provisions of the Forests Act 1949: And whereas it is desirable that the said land should be set apart as scenic reserve subject to the provisions of the Reserves Act 1977, as recommended by the Board constituted under the last-mentioned Act: Be it therefore enacted as follows:—

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

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

    All that area in the Marlborough Land District, containing four hundred and fifty 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.

    The Scenery Preservation Act 1908 was repealed, as from 1 April 1954, by section 107(1) Reserves and Domains Act 1953 (1953 No 69). That Act was in turn repealed, as from 1 April 1978, by section 125(1) Reserves Act 1977 (1977 No 66).

    The Forests Act 1921-22 (1921 No 43) was repealed, as from 1 January 1950, by section 73(1) Forests Act 1949 (1949 No 19).

9 Authorizing 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 to (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 thirteen thousand dollars: 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 five thousand dollars the land known as the Makaraka Domain, being Section 6, Block III, Turanganui Survey District, containing an area of forty-three acres two roods thirty perches, more or less; (b) by a cash payment to the club of the sum of three thousand dollars from the funds at present standing to the credit of the Makaraka Domain Account; (c) by payment to the club of the sum of five thousand dollars 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 five years at a rental of three hundred dollars 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 five thousand dollars, by way of special loan under the Local Bodies Loans Act 1956, 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 one hundred and five acres two 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.

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

    The Local Bodies' Loans Act 1926 (1926 No 14) was repealed, as from 1 April 1957, by section 135(1) Local Authorities Loans Act 1956 (1956 No 63). That Act was in turn repealed, as 1 July 1998, by section 17(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).

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, &c, 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 8, Wellington Land Registry containing one hundred and one acres and twenty-six 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 twenty-nine and thirty 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 the twenty-fifth day of March, nineteen hundred and twenty, 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 1949: And whereas it is desirable that the said land should be set apart as a scenic reserve, subject to the reserve provisions of the Reserves Act 1977, 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 Reserves Act 1977.

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

    All that area in the Nelson Land District, containing by admeasurement two hundred and seventy-seven acres two roods twenty-seven 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.

    The Forests Act 1921-22 (1921 No 43) was repealed, as from 1 January 1950, by section 73(1) Forests Act 1949 (1949 No 19).

    The Scenery Preservation Act 1908 was repealed, as from 1 April 1954, by section 107(1) Reserves and Domains Act 1953 (1953 No 69). That Act was in turn repealed, as from 1 April 1978, by section 125(1) Reserves Act 1977 (1977 No 66).

13 Authorizing 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 one 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 thirty 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 1956, the Reserves Act 1977, or in any other Act, the Christchurch City Council is hereby authorized 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 thirty years from the first day of October, nineteen hundred and thirty-three.

    (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 fifteen 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 2081.6 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.

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

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

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 the twelfth day of July, nineteen hundred and twenty-three, and is now subject to the provisions of the Forests Act 1949: 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 Reserves Act 1977.

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

    All that area in the Otago Land District containing by admeasurement thirty-seven acres two roods six 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 5349.9 links; towards the east by a public road 49.5 links; towards the south by other part of Section 28, 4721.1 links; and towards the west by Section 14 Block IX, Woodland Survey District, 1616.5 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.

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

    The Forests Act 1921-22 (1921 No 43) was repealed, as from 1 January 1950, by section 73(1) Forests Act 1949 (1949 No 19).

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

    Section 15 was repealed, as from 25 August 1943, by section 7(4) Reserves and Other Lands Disposal Act 1943 (1943 No 14).

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

    Section 16 was repealed, as from 17 December 1968, by section 6(2) 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 the eighth day of May, nineteen hundred and nineteen, the land firstly hereinafter described was set apart as a provisional State forest, and is now subject to the provisions of the Forests Act 1949: And whereas by Proclamation published in the Gazette of the fifteenth day of February, nineteen hundred and twelve, 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 Reserves Act 1977: 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 one thousand nine hundred 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 the eighth day of May, nineteen hundred and nineteen. 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 one hundred and sixty 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 the fifteenth day of February, nineteen hundred and twelve. 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.

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

    The Forests Act 1921-22 (1921 No 43) was repealed, as from 1 January 1950, by section 73(1) Forests Act 1949 (1949 No 19).

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 twenty thousand dollars has been reduced to the sum of three thousand dollars by public subscription and by concessions made by the mortgagee in order that the said land may be preserved as show-grounds 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 three thousand dollars over the said land.

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

    All that area in the Taranaki Land District, containing fifty-two acres two roods twenty-eight 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.

    The words twenty thousand dollars and three thousand dollars were substituted, as from 10 July 1967, for the words ten thousand pounds and one thousand five pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

19 Authorizing 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 five hereof is vested in His Majesty, but is subject to a renewable lease for a period of thirty-three years from the first day of January, nineteen hundred and twenty-five, 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 six thousand four hundred dollars, which amount includes the sum of two thousand two hundred dollars, 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 one thousand six hundred dollars 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 one thousand one hundred dollars, and also to rebuild at a cost of one hundred dollars 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 thirty-three years from the first day of January, nineteen hundred and twenty-five, 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 five hereof shall be four thousand two hundred dollars, and the annual rental payable shall be two hundred and ten dollars.

    • (b) Such new lease shall contain a condition for the repayment by the lessee of the sum of one thousand three hundred dollars (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 1952, 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 one thousand six hundred dollars, 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 one thousand two hundred dollars.

    (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 one hundred and eighty acres three roods thirteen 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.

    The words six thousand four hundred dollars, two thousand two hundred dollars, one thousand six hundred dollars, one thousand one hundred dollars, one hundred dollars, two hundred and ten dollars, one thousand tree hundred dollars and one thousand two hundred dollars were substituted, as from 10 July 1967, for the words three thousand two hundred pounds, one thousand one hundred pounds, eight hundred pounds, five hundred and fifty pounds, fifty pounds, one hundred and five pounds, six hundred and fifty pounds and six hundred pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

    The Land Transfer Act 1915 was repealed, as from 1 January 1953, by section 245(1) Land Transfer Act 1952 (1952 No 52).

20 Authorizing 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 the tenth day of July, eighteen hundred and eighty-four, Section 78, Block III, Tahoraite Survey District, Hawke's Bay Land District, containing four acres two roods ten 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 Reserves Act 1977, the Governor-General may grant to the Dannevirke Rugby Football Sub-union, Incorporated, a lease over an area of approximately one acre three roods fourteen 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 twenty-one years, and upon such terms and conditions as he thinks fit to impose.

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

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]

    Section 22 was repealed, as from 26 October 1935, by section 8 Land Laws Amendment Act 1935 (1935 No 25).

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

    Section 23 was repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

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

    Section 24 was repealed, as from 26 October 1935, by section 6(4) 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
  • Section one hundred and nineteen of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1921-22, is hereby amended by repealing subsections two, three, and four thereof, and substituting the following:—

    (2) Whenever the said education reserve, or portion or portions of it, are offered for selection under any statutory authority the then value of the aforesaid improvements, or so much of them as are situated on the portion or portions offered, shall be recovered, either by the lessee paying the amount in cash or executing a mortgage in favour of His Majesty for payment over such period and at such rate of interest and subject to such covenants and conditions as the North Auckland Land Board determines.

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

    Section 26 was repealed, as from 16 September 1938, by section 10 Reserves and Other Lands Disposal Act 1938 (1938 No 19).