Whereas by Proclamation published in the Gazette on the fourth day of November, nineteen hundred and thirty-seven, all those pieces or parcels of land situate in the Borough of Devonport, containing one acre one rood ten perches and thirty-six hundredths of a perch, being Lots 1, 2, 3, 12, 17, 25, and 55, DP 19255, and being part Allotment 1, Section 1, Takapuna Parish (coloured blue), one acre fourteen perches and two-hundredths of a perch, being Lots 14, 24, 27, 53, and 56, DP 19255, and being part Allotment 1, Section 1, Takapuna Parish (coloured red), three acres two roods seven perches and six-hundredths of a perch, being Lots 11, 15, 23, 26, 29, 30, 31, 37, 38, 39, 41, 42, 44, 45, 46, 47, 48, and 58, DP 19255, and being part Allotment 1, Section 1, Takapuna Parish (coloured yellow), and one acre thirty-six perches and six-hundredths of a perch being Lots 60, 67, 68, 69, and 70, DP 19255, and being part Allotment 1, Section 1, Takapuna Parish, and part reclaimed land (coloured red), all situated in Block VI, Rangitoto Survey District (Auckland RD), Borough of Devonport (SO 29185), in the North Auckland Land District; as the same are more particularly delineated on the plan marked PWD 97059, deposited in the office of the Minister of Public Works at Wellington, and thereon coloured as above mentioned, were pursuant to the powers conferred by the Public Works Act 1981, and section thirty two of the Statutes Amendment Act 1936, taken by the Crown for housing purposes as from and after the eighth day of November, nineteen hundred and thirty-seven: And whereas at that date the said lands formed part of the lands mentioned in section two of the Borough of Devonport Empowering and Endowment Act 1890 (hereinafter referred to as the said Act), and were vested in the Mayor, Councillors, and Burgesses of the Borough of Devonport (hereinafter called the Corporation) for an estate in fee-simple upon trust for municipal purposes: And whereas by section one hundred and fifty six of the Municipal Corporations Act 1933, it is provided that where land is vested in a Municipal Corporation in trust for any particular purpose or purposes, whether pursuant to an Act or any deed of trust or otherwise howsoever, all moneys paid on the sale of such land and received as purchase-money thereof must be applied in or towards the purchase of other lands to be held for the same purposes as affected the land taken or sold: And whereas the Corporation is desirous of expending the sum of ten thousand two hundred dollars paid to it in respect of the taking of the lands above described in or towards the erection or purchase of municipal buildings: Be it therefore enacted as follows:—
(1) The Corporation may expend the whole or any part of the moneys received in respect of the taking of such land in or towards the erection or purchase of municipal buildings.
(2) The Corporation shall establish a sinking fund to be administered by the Public Trustee by paying to the Public Trustee an annual sum of seventy-seven dollars and eighty-six and two-third cents on the first day of September in each year commencing on the first day of September, nineteen hundred and thirty-nine, for a period of fifty years, and the fund so created shall upon the expiration of the said period be held and applied in accordance with the provisions of the said Act.
(3) Any surplus moneys remaining in the hands of the Corporation after the erection or purchase of such buildings shall be used and applied in accordance with the provisions of the said Act.
The reference to “ten thousand two hundred dollars”
, and “seventy-seven dollars and eighty-six and two thirds cents”
were substituted, as from 10 July 1967, for a reference to “five thousand one hundred pounds”
, and “thirty-eight pounds eighteen shillings and eightpence”
pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).
The Public Works Act 1928 (1928 No 21) was repealed, as from 1 February 1982, by section 248(1) Public Works Act 1981 (1981 No 35).