Whereas the land described in subsection (4) forms part of a reserve vested in the Corporation of the Borough of Onehunga in trust for municipal purposes, and is subject to the provisions of the Public Reserves, Domains, and National Parks Act 1928:
And whereas the said land adjoins a reserve vested in the said Corporation in trust for a cemetery, known as the Waikaraka Cemetery, firstly described in subsection (5), which is subject to the provisions of the Cemeteries Act 1908, and it is desirable that the said land should be added to the said Waikaraka Cemetery:
And whereas the said land is situated within the Manukau Harbour and will require to be reclaimed before it may be used for cemetery purposes, and the Onehunga Borough Council has commenced such reclamation works and also the work of improving and developing the lands described in subsection (5) out of moneys in its District Fund Account:
And whereas the said Council desires to obtain authority to raise a loan of 15,000 pounds, without submitting the proposal to a poll of ratepayers, to reimburse the District Fund Account for all moneys expended therefrom upon the said reclamation since 1 November 1935, and to enable the work of reclamation and of improvement and development of the lands described in subsections (4) and (5) to be further proceeded with:
And whereas the said Council desires to establish a separate account into which shall be paid all moneys derived from the said land and from the said Waikaraka Cemetery and from the land secondly described in subsection (5), being a reserve vested in the said Corporation for the purpose of public recreation subject to the provisions of the Public Reserves, Domains, and National Parks Act 1928, the funds in the separate account to be applied solely in or towards payment of the annual charges in respect of the above-mentioned loan and in or towards the costs of maintenance, management, and improvement of all the aforesaid lands, and for no other purpose:
Be it therefore enacted as follows:
(1) Notwithstanding anything to the contrary in the Public Reserves, Domains, and National Parks Act 1928 and the Cemeteries Act 1908, the reservation for municipal purposes over the land described in subsection (4) is hereby declared to be changed to a reservation for a cemetery, and the said land is hereby added to and declared to be part of the Waikaraka Cemetery.
(2) The Onehunga Borough Council may, by special order and without taking the steps prescribed by sections 9 to 13 of the Local Bodies' Loans Act 1926, raise a special loan, not exceeding 15,000 pounds, for the purpose of repaying to the said Council all costs, charges, and expenses paid and incurred by the said Council since 1 November 1935, out of its District Fund Account for the improvement and development of the lands described in subsections (4) and (5) and for the purpose of the future improvement and development of the said lands.
(3) Notwithstanding anything to the contrary in the Public Reserves, Domains, and National Parks Act 1928, the Cemeteries Act 1908, or in any other Act, the Onehunga Borough Council is hereby authorised to establish a separate account, to be known as “The Waikaraka Cemetery and Recreation-ground Trust Account”
, at such bank as the said Council may from time to time appoint, into which shall be paid all moneys whatsoever received by the said Council in respect of the lands described in subsections (4) and (5), and the funds in the said account shall be expended in or towards the payment of the annual charges on any loan raised under the authority of the last preceding subsection and in or towards the maintenance, management, and improvement of the said lands and for no other purpose:
provided that, pending the expenditure of the funds of the said account in the manner aforesaid, the said Council may invest such funds in such securities as shall from time to time be authorised by law for the investment of trust funds or may deposit such funds at interest with the said Council.
(4) The area of municipal reserve to be added to the Waikaraka Cemetery is particularly described as follows:
All that area in the North Auckland Land District in the Borough of Onehunga, containing by admeasurement 5 acres and 22 perches, more or less, being Lot 6 on Plan Number 25356, deposited in the office of the District Land Registrar at Auckland, and being portion of an area vested in the Corporation of the Borough of Onehunga in fee simple for municipal purposes by the Onehunga Borough Vesting Act 1911: as the same is more particularly delineated on the plan marked L and S 2/403A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.
(5) The Waikaraka Cemetery and the recreation reserve referred to in this section are particularly described as follows:
Firstly, all that area in the North Auckland Land District, in the Borough of Onehunga, containing by admeasurement 10 acres 2 roods 25 perches and six-tenths of a perch, more or less, being Sections M 61, S 44, S 45, S 46 and parts N 61, N 44, N 45, and N 46, near the Town of Onehunga, being the whole of the land comprised in certificate of title, Volume 24, folio 298, and part of the land comprised in certificate of title, Volume 24, folio 300, Auckland Registry: bounded towards the north by parts Sections N 61, N 44, N 45, and N 46, near the Town of Onehunga (Waikaraka Recreation Reserve); towards the south-east generally by the Manukau Harbour; towards the west and south-east generally by Lot 6 on Plan Number 25356, deposited in the office of the District Land Registrar at Auckland; and again towards the west generally by Lots 4 and 5 on Plan Number 25356 aforesaid, and Alfred Street: as the same is more particularly delineated on the plan marked L and S 2/403B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red; and
Secondly, all that area in the North Auckland Land District, in the Borough of Onehunga, containing by admeasurement 32 acres 2 roods 36 perches and four-tenths of a perch, more or less, being Sections 47 and 48 and parts of Sections N 61, N 44, N 45, and N 46, near the Town of Onehunga, and being portion of the land comprised in certificate of title, Volume 24, folio 300, Auckland Registry: bounded towards the north by Neilson Street; towards the east generally by a public road, and a Borough Reserve below high-water mark; towards the south-east generally by the Manukau Harbour; towards the south generally by the other parts of Sections N 46, N 45, N 44, and N 61, near the Town of Onehunga (Waikaraka Cemetery Reserve); and towards the west generally by Alfred Street: as the same is more particularly delineated on the plan marked L and S 2/403C, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.