Reserves and other Lands Disposal Act 1938

22 Validating a burial in private ground and providing for the setting aside of private burial grounds for the Burnett family
  • (1) Notwithstanding anything to the contrary in the Cemeteries Act 1908, or any other Act, the burial of the body of the late Catherine MacKay Burnett in the land described in subsection (6) is hereby declared to have been lawfully made.

    (2) From and after the passing of this Act the said land shall be deemed to be a private burial ground to be called and known by the name of the Burnett Family Private Burial-ground as if it had been declared to be a private burial ground under section 2 of the Cemeteries Amendment Act 1912, and the provisions of that Act shall apply to such land in all relevant respects. The lineal descendants of the late Andrew Burnett, formerly of Aorangi, Cave, in the County of Mackenzie, and of his wife, the late Catherine Burnett, and the husbands or wives of any of the said lineal descendants of Andrew Burnett and of his wife, Catherine Burnett, shall be the only class of persons who may now or hereafter be buried in the said Burnett Family Private Burial-ground.

    (3) Notwithstanding anything to the contrary in the Cemeteries Act 1908, or any other Act, it is hereby declared that after his death, whenever the same shall occur, the burial of the body of Thomas David Burnett may be made in the land referred to in subsection (7).

    (3A) Notwithstanding section 36(3) of the Burial and Cremations Act 1964 or subsection (4) of this section, the bodies of Donald Mount Cook Burnett and Caitriana Mackay Beatock Baker may be buried in the land referred to in subsection (7) of this section.

    (4) The body of no other person shall be buried in the said land.

    (5) Notwithstanding that the said land at present forms part of an area held by the said Thomas David Burnett under a pastoral licence issued pursuant to the provisions of Part 6 of the Land Act 1924, the Governor-General may by notice in the Gazette, describing the land by its metes and bounds, declare such land to be set apart in perpetuity as a private burial ground for the said Thomas David Burnett, and thereupon the said land shall cease to be subject to the pastoral licence under which it is at present held, and the provisions of the Cemeteries Amendment Act 1912 shall apply to the said land.

    (6) The land to which subsections (1) and (2) relate is particularly described as follows:

    All that area in the Canterbury Land District, containing by admeasurement 3 acres 6 perches and eight-tenths of a perch, more or less, and being part of Rural Section 25376, situated in Block IX, Pareora Survey District, and bounded as follows: towards the north generally by other part of Rural Section 25376, 718.0 links, 138.7 links, 496.1 links, 412.75 links, 1 461.0 links, and 177.9 links; towards the east by a public road, 62.78 links; and towards the south generally by other part of Rural Section 25376, 152.0 links, 1 475.7 links, 494.04 links, and 536.0 links: as the same is more particularly delineated on the plan marked L and S 2/607A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

    (7) The land to which subsections (3), (4), and (5) relate is described as follows:

    All that area in the Canterbury Land District, containing 2 acres, more or less, being part of Run Number 83, situated in Block X, Cass Survey District, and bounded by lines within the limits of an area bounded towards the north by an east and west line from Trig L to the Tasman River; towards the east by a line joining the said Trig L with the north-east corner of Reserve 2874; towards the south-east by the north-western boundary of the said Reserve 2874; and towards the west generally by the Tasman River: as the latter area is more particularly delineated on the plan marked L and S 2/607B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

    Section 22(3A): inserted, on 13 January 1984, by section 7 of the Reserves and Other Lands Disposal Act 1983 (1983 No 148).