Reserves and other Lands Disposal Act 1938

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 1938.

2 Authorizing the grant of additional land to the registered proprietors of Allotment 68, Parish of Waikomiti, North Auckland Land District, as compensation for a shortage in area

Whereas the original survey of Allotment 68, Parish of Waikomiti, North Auckland Land District, showed the area of that allotment to be forty acres, and a Crown grant of the allotment based on the said survey was made on the twelfth day of October, eighteen hundred and fifty-seven: And whereas more recent surveys disclose the correct area of the allotment to be twenty-five acres two roods and twenty-five perches, and it is equitable that the registered proprietors of the allotment should be compensated in respect of the error so made: And whereas the said registered proprietors have agreed to accept eleven acres one rood and twenty-nine perches of Crown land hereinafter described as full compensation, and it is expedient that authority should be given accordingly: Be it therefore enacted as follows:—
(1) The land described in subsection two hereof is hereby vested for an estate in fee-simple in the registered proprietors of the said Allotment 68 in full compensation in respect of the survey error hereinbefore referred to, and the District Land Registrar at Auckland, upon application made to him in that behalf by the Chief Surveyor at Auckland, is hereby empowered and directed to issue, free of charge, to the said registered proprietors a certificate of title for the said land.
(2) The Crown land to which this section relates is particularly described as follows:—
All those areas in the said Parish of Waikomiti, being firstly, portion of Allotment 69, containing seven acres and five perches, and, secondly, Allotment 389, containing four acres one rood and twenty-four perches: as the same are shown respectively on plans numbered 23151 and 21731 deposited in the Office of the Chief Surveyor at Auckland.

3 Defining the status of certain lands in Kopuru Parish, North Auckland Land District

Whereas by Proclamation published in the Auckland Provincial Government Gazette of the eighth day of June, eighteen hundred and seventy, Lot 4 of Allotment 2, and Allotment 50, Parish of Kopuru, were reserved for the purposes of common-school education within the Province of Auckland, and by notice published in the Gazette of the sixteenth day of December, eighteen hundred and seventy-eight, the said reserves were apportioned for the purposes of secondary and primary education respectively: And whereas by Proclamation published in the Gazette of the twenty-fourth day of March, eighteen hundred and ninety-eight, certain lands which were in fact the said Lot 4 of Allotment 2, part of the said Allotment 50, part of a public road, and certain Crown land, being Lot 5 of Allotment 2, Parish of Kopuru, but which were described as Allotment 50 of the said parish, were purported to have been reserved as an endowment for primary education: And whereas, on the eleventh day of November, nineteen hundred and eight, certificate of title, Volume 154, folio 91, Auckland Registry, was issued to the School Commissioners of the Province of Auckland for portion of the area so purported to have been reserved: And whereas the land comprised in the said certificate of title was subdivided, and by Warrant published in the Gazette of the twentieth day of March, nineteen hundred and twenty-four, the reservation so purported to have been made was purported to have been cancelled over one of such subdivisions described as Lot 22 of Allotment 50, Parish of Kopuru, and Allotment 125, Parish of Kopuru, was purported to have been reserved as an endowment for primary education in lieu thereof: And whereas the said Lot 22 was subsequently purported to have been reserved for recreation purposes, and by Order in Council published in the Gazette of the twenty-second day of October, nineteen hundred and twenty-five, was purported to have been added to the Kopuru Town Domain: And whereas there are at present two areas described as Allotment 2, Parish of Kopuru, and it is deemed advisable to renumber the said Lots 4 and 5, and to redescribe the said Lot 22: And whereas it is also desirable to revoke the Proclamation secondly above mentioned and to define the status of certain lands: Be it therefore enacted as follows:—
(1) The said Proclamation published in the Gazette of the twenty-fourth day of March, eighteen hundred and ninety-eight, is hereby revoked.
(2) The said Lots 4 and 5 and the said Lot 22 shall hereafter be known as Allotments 149, 150, and Lot 22, DP 17979, of Allotment 149, Parish of Kopuru, respectively.
(3) The said Lot 22 is hereby declared to be a reserve for public recreation and to have formed part of the Kopuru Town Domain since the twenty-second day of October, nineteen hundred and twenty-five.
(4) The said Allotments 125 and 150 are hereby reserved as endowments for secondary education and shall be deemed to have been so reserved since the twelfth day of March, nineteen hundred and twenty-four, and the eighteenth day of March, eighteen hundred and ninety-eight, respectively.
(5) The District Land Registrar at Auckland is hereby empowered and directed to cancel certificates of title, Volume 154, folio 91, and Volume 629, folio 263, Auckland Registry, and to issue separate certificates of title for Allotments 149, 150, and 50, Parish of Kopuru, as the same are shown on a plan deposited in the office of the Chief Surveyor at Auckland under Number 29481, and to do all other things necessary to give effect to the provisions of this section.

4 Validating a Warrant and Orders in Council relating to Allotment 142, Kopuru Parish, North Auckland Land District

Whereas by Proclamation published in the Auckland Provincial Government Gazette of the eighth day of June, eighteen hundred and seventy, Allotment 50, Parish of Kopuru, was reserved for the purposes of common-school education within the Province of Auckland, and by notice published in the Gazette of the sixteenth day of December, eighteen hundred and seventy-eight, the said reserve was apportioned for the purposes of primary education: And whereas by Warrant published in the Gazette of the fifteenth day of June, eighteen hundred and ninety-three, a portion (now known as Allotment 142, Parish of Kopuru) of the said Allotment 50 was purported to have been reserved for public recreation, and by Orders in Council published in the Gazette of the twenty-seventh day of July, eighteen hundred and ninety-three, the land so reserved was declared to be subject to the Reserves Act 1977, and powers were delegated to the Chairman, Councillors, and Inhabitants of the Hobson County as the Kopuru Town Domain Board: And whereas there was no authority for the reservation of the said Allotment 142 for public recreation, and it is deemed expedient to validate the said Warrant and the said Orders in Council: Be it therefore enacted as follows:—
The said Warrant in so far as it relates to Allotment 142, Parish of Kopuru, and the said Orders in Council are hereby validated and declared to have been lawfully made, and the District Land Registrar at Auckland is hereby empowered and directed to make such entries, alterations, and amendments in and to his records, and to do all other things necessary to give effect to the provisions of this section.
The Public Domains Act 1881 (1881 No 26) was substituted, as from 4 August 1908 pursuant to section 1(2) Public Reserves and Domains Act 1908 (1908 No 156). That reference was in turn substituted, as from 1 April 1929, by a reference to the Public Reserves, Domains, and National Parks Act 1928 pursuant to section 103 Public Reserves, Domains, and National Parks Act 1928 (1928 No 36). That reference 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).

5 Revoking the reservation over and the vesting of part Allotment 15, Karioi Parish, Auckland Land District, and redescribing and again reserving the said allotment and revesting portion thereof in the Raglan County Council

Whereas notices published in the Gazette of the eleventh day of January, eighteen hundred and eighty-three, and of the twenty-second day of February of that year, set out respectively the temporary and permanent reservations of Allotment 15, Parish of Karioi, Auckland Land District, for the purposes of a pilot and signal station: And whereas by Order in Council made under the authority of section fifteen of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1914, and published in the Gazette of the fourth day of March, nineteen hundred and fifteen, part of the said allotment was vested in the Raglan County Council: And whereas by Proclamation published in the Gazette of the third day of July, nineteen hundred and twenty-four, an area of seventeen perches and three-tenths of a perch, being part of the said allotment, was erroneously regarded as road and purported to have been closed, and by section fifty-nine of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1924, was purported to have been added to the said allotment: And whereas a new survey, as shown on a plan numbered 24725 in the office of the District Land Registrar at Auckland, discloses that the area of the said allotment was erroneously shown in earlier surveys and it is desirable to revoke the said temporary and permanent reservations, the said Order in Council, and, in so far as it affects the said area of seventeen perches and three-tenths of a perch, the said Proclamation, and to repeal the said sections fifteen and fifty-nine, and to redescribe and again reserve the said allotment and revest portion thereof in the said County Council as from the date of the original vesting: Be it therefore enacted as follows:—
(1) The said temporary and permanent reservations, the said Order in Council, and, in so far as it relates to the said area of seventeen perches and three-tenths of a perch, the said Proclamation are hereby revoked.
(2) The said allotment as described in subsection six hereof is hereby reserved for the purposes of a pilot and signal station subject to the provisions of the Reserves Act 1977, and shall be deemed to have been so reserved since the twenty-second day of February, eighteen hundred and eighty-three.
(3) The portion of the said allotment described in subsection seven hereof is hereby vested in the Raglan County Council in trust for the said purposes and shall be deemed to have been so vested since the fourth day of March, nineteen hundred and fifteen:
Provided that if at any time a Harbour Board is constituted to control the Whaingaroa Harbour the said land shall be deemed to be vested in the Board in trust for the said purposes.
(4) The District Land Registrar and Chief Surveyor at Auckland are hereby empowered and directed to make such entries, alterations, and amendments in and to their records, and to do all other things necessary to give effect to the provisions of this section.
(5) Section fifteen of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1914, and section fifty-nine of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1924, are hereby consequentially repealed.
(6) The land to which subsection two relates is particularly described as follows:—
All that area in the Auckland Land District, Raglan County, containing by admeasurement two hundred and fifty-six acres two roods twelve perches and one-tenth of a perch, and being Allotment 15, Karioi Parish: as the same is more particularly delineated on a plan numbered 29126, and deposited in the office of the Chief Surveyor at Auckland, and therein edged red.
(7) The land to which subsection three relates is particularly described as follows:—
All that area in the Auckland Land District, Raglan County, containing by admeasurement two hundred and forty-nine acres two roods twelve perches and one-tenth of a perch, more or less, being part Allotment 15, Karioi Parish, bounded as follows: on the north-east generally by part Te Kopua Block, Section 15A, Block I, Karioi Survey District, and the Te Tarata Creek; on the south-east by a public road, Allotment 170, Karioi Parish, by a public road, by Lot 2, Deposited Plan 13913, being Allotment 4A and part Allotment 4, Karioi Parish, and again by a public road; on the south-west by Allotment N 14, Karioi Parish; and on the north-west by other part Allotment 15, Karioi Parish, which portion consists of a strip one chain wide above mean high-water mark of the Tasman Sea: as the same is more particularly delineated on a plan marked L and S 6/1/56, and deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged 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).

6 Section 9 of the Reserves and other Lands Disposal Act 1937, amended

Section nine of the Reserves and other Lands Disposal Act 1937, is hereby amended as from the date of the passing of that Act by omitting the description set forth in subsection three thereof, and substituting the following description:—
All that area in the Auckland Land District, Piako County, containing by admeasurement nineteen hundred and six acres two roods twenty-six perches, more or less, being Lots 1, 2, 3, 4, and 7 on a plan numbered 2170, deposited in the office of the District Land Registrar at Auckland, and being portion of Section 2, Block VIII, Waitoa Survey District, and part of the eastern portion of Te Tautiti Number 1 Block, and portion of Wharekahu, Kahamiroi, Ruahine Numbers 1 and 2, Ahikope Number 1, and Totarapapa Blocks, and being the whole of the land comprised in certificate of title, Volume 477, folio 122, Auckland Registry, together with a strip of land lying between the south-western boundaries of Lots 1 and 2 aforesaid and the north-eastern boundary of Lot 7 aforesaid, such strip of land being shown as a road on Plan 2170 aforesaid, and being portion of Section 2, Block VIII, Waitoa Survey District, contained in certificate of title, Volume 92, folio 171, Auckland Registry, and part of the eastern portion of Te Tautiti Number 1 Block contained in certificate of title, Volume 20, folio 38, Auckland Registry: as the same is more particularly delineated on a plan marked L and S 58282A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

7 Cancelling the reservation over certain education endowment lands in Auckland Land District, and setting them apart as permanent State forest

Whereas the lands hereinafter described are reserved as endowments for primary education: And whereas the said lands are not suitable for farming purposes, and it is therefore not expedient that they should be leased under the provisions of the Education Lands Act 1949: And whereas the said lands are situated between various areas which have been set apart as permanent State forests: And whereas it is desirable that the said lands should be brought under the provisions of the Forests Act 1949, so that they may be administered and dealt with in all respects as permanent State forest: Be it therefore enacted as follows:—
(1) The reservation as endowments for primary education over the lands hereinafter described is hereby cancelled, and the said lands are hereby set apart as permanent State forest under and subject to the provisions of the Forests Act 1949.
(2) The lands to which this section relates are described as follows:—
All those lands situated in the Auckland Land District, being firstly, Section 1A, Block X, Waihi South Survey District, containing an area of two thousand and twenty acres, more or less, being the whole of the land comprised in certificate of title, Volume 155, folio 155, Auckland Registry; and Section 1, Block XI, Waihi South Survey District, containing an area of sixteen hundred and thirty acres, more or less, being the whole of the land comprised in certificate of title, Volume 381, folio 22, Auckland Registry: as the same are more particularly delineated on the plan marked L and S 22/856, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red; and, secondly, Section 6, Block VI, Rotoma Survey District, containing an area of four hundred and four acres three roods and eighteen perches, more or less, being the whole of the land comprised in certificate of title, Volume 367, folio 29, Auckland Registry: and Section 9, Block VI, Rotoma Survey District, containing an area of six hundred and three acres, more or less, being the whole of the land comprised in certificate of title, Volume 208, folio 159, Auckland Registry: as the same are more particularly delineated on the plan marked L and S 22/856A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.
The Education Reserves Act 1928 (1928 No 33) was substituted, as from 1 January 1950, by a reference to the Education Lands Act 1949 pursuant to section 21 Education Lands Act 1949 (1949 No 24).
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 Vesting Section 451, Town of Hamilton West, in the Waikato Diocesan Trust Board

Whereas Section 451, Town of Hamilton West, Auckland Land District, containing one rood, more or less, is the site of a church erected by the Church of England: And whereas in the year eighteen hundred and seventy-four an application was made by the church authorities for a Crown grant in respect of the said section, but the application was overlooked: And whereas from the year following the said church authorities have remained in undisturbed possession and occupation of the said section: And whereas no title for the said section has ever been issued, and it is deemed equitable that the said section should be vested in the Waikato Diocesan Trust Board: Be it therefore enacted as follows:—
The said section is hereby vested in the Waikato Diocesan Trust Board for an estate in fee-simple.

9 Authorizing issue of new lease of Lot 12, DP 8673, Wellington Registry, without payment of present value of lessors' reversionary interest in certain improvements

Whereas the land hereinafter described is vested in the Governors of the Wellington College and Girls' High School (hereinafter called the lessors) for an estate in fee-simple in trust as an endowment for the said college and school : And whereas the land was leased by the lessors to certain trustees for the Apostolic Church of Wellington (hereinafter called the lessees) for a term of years expiring on the thirty-first day of March, nineteen hundred and fifty-eight: And whereas the lessees, on the acquisition of leasehold rights over the land, were wrongly of opinion that the said rights included perpetual rights of renewal of the lease, and caused a church building to be erected on the land: And whereas the lease includes no right of renewal and the said improvements will revert to the lessors at the termination of the lease: And whereas the lessees desire to surrender the current lease and obtain in lieu thereof a new lease with perpetual rights of renewal, but before a new lease may be granted the lessors are entitled to be paid the present value of their reversionary interest in the improvements: And whereas it is considered equitable that a new lease should be granted without the lessees being required to make or the lessors to demand payment in respect of the said improvements: And whereas the lessors are agreeable and it is expedient that legislative authority should be given accordingly: Be it therefore enacted as follows:—
(1) The lessors may accept a surrender of the current lease over the land hereinafter described and grant a new lease thereof pursuant to the provisions of the Public Bodies Leases Act 1969.
(2) Notwithstanding the provisions of any Act or rule of law, the lessees shall not be obliged to pay to the lessors and the lessors shall not be obliged to demand from the lessees the present value of the reversionary interest of the lessors in the said improvements.
(3) The land to which this section relates is particularly described as follows:—
All that area in the City of Wellington, containing twenty-one perches and eleven-hundredths of a perch, more or less, being part Section 272 on the public map of the Town of Wellington, and being also part of Lot 12 on a plan deposited in the office of the District Land Registrar at Wellington under number 8673, and being the whole of the land comprised in memorandum of lease numbered 21408 registered in the said office, and being also part of the land comprised in certificate of title, Volume 340, folio 54, Wellington Registry.
The Public Bodies Leases Act 1908 (1908 No 240) was repealed, as from 1 January 1970, by section 28(a) Public Bodies Leases Act 1969 (1969 No 141).

10 Section 26 of the Reserves and other Lands Disposal Act 1933, repealed

Section twenty-six the Reserves and other of Lands Disposal Act 1933, is hereby repealed.

11 Validating sale and purchase of Flock House Station

Whereas by section thirty-two of the Reserves and other Lands Disposal Act 1936 (hereinafter called the said Act), the trustees of the New Zealand Sheepowners' Acknowledgment of Debt to British Seamen Fund were authorized and empowered to sell to the Crown and the Crown was authorized to acquire the land described in subsection four of the said section (known as the Flock House Station) together with any other real or any personal property owned by the said trustees that was used in any way whatsoever in connection with the said station: And whereas the said land and the live and dead stock and other personal property used in connection with the said station were owned by the New Zealand Sheepowners' Acknowledgment of Debt to British Seamen Fund and not by the trustees of the said Fund: And whereas the sale and purchase of the said land and of the aforesaid live and dead stock and other personal property has been completed: And whereas it is expedient to validate the said sale and purchase: Be it therefore enacted as follows:—
The sale of the land described in subsection four of section thirty-two of the said Act and of the aforesaid live and dead stock and other personal property owned by the New Zealand Sheepowners' Acknowledgment of Debt to British Seamen Fund and the acquisition thereof on behalf of His Majesty the King are hereby validated.

12 Abolishing the Moumahaki and Weraroa Endowments

[Repealed]
Sections 12 and 13 were repealed, as from 1 January 1949, by section 185 Land Act 1948 (1948 No 64).

13 Making sections 359 and 360 of the Land Act 1924, applicable to the Buller Coal Field and the Westport Colliery Reserves

[Repealed]
Sections 12 and 13 were repealed, as from 1 January 1949, by section 185 Land Act 1948 (1948 No 64).

14 Cancelling the reservation over portion of the Kopuru Domain and authorizing the disposal thereof

Whereas the Kopuru Domain comprises an area of one thousand and eighty-seven acres two roods two perches, more or less, and is controlled by the Hobson County Council acting as a Domain Board pursuant to the provisions of Part 2 of the Public Reserves, Domains, and National Parks Act 1928: And whereas in order to improve the access to the domain the Council has formed a new road, and in connection therewith it will be necessary to proclaim a small portion of the domain for road purposes together with portion of an adjoining freehold property, being part Lot 9 of Allotment 92, Parish of Kopuru, on a plan deposited in the Land Registry Office at Auckland as Number 261: And whereas the owner for the time being of the said freehold property is prepared to consent to part of his property being proclaimed as a road, provided he is allowed to acquire that portion of the domain described in subsection three hereof: And whereas the said portion is not required for recreation purposes, and it is considered desirable to cancel the reservation over such portion and to authorize its disposal to the said adjoining owner: Be it therefore enacted as follows:—
(1) The reservation for recreation purposes over that portion of the Kopuru Domain described in subsection three hereof, the subjection of the said land to the provisions of Part 2 of the Public Reserves, Domains, and National Parks Act 1928, and the vesting of the control of the said land in the Kopuru Domain Board are hereby cancelled.
(2) Upon the payment to the Kopuru Domain Board by the owner of the freehold land hereinbefore referred to of such amount as the Minister of Lands may determine, the Governor-General may, by Warrant under his hand, authorize the issue to the said owner of a certificate of title for the land described in subsection three hereof.
(3) The land to which subsections one and two hereof relate is particularly described as follows:—
All that area in the North Auckland Land District, containing by admeasurement seven acres three roods thirty-five perches, more or less, being part Allotment 92 Parish of Kopuru, and being part of the land contained in certificate of title, Volume 74, folio 171, Auckland Registry, and bounded as follows: towards the north-west by Lot 9, DP 261, being part Allotment 92, Parish of Kopuru, bearing 56° 27′ for a distance of 911.9 links; towards the north-east by other part of the said Allotment 92, bearing 22° 0′ 20″ for a distance of 596.5 links; towards the south-east by Lot 7, DP 261, being part Allotment 90, Parish of Kopuru, bearing 220° for a distance of 1295.1 links; and towards the south-west by Allotment 141, Parish of Kopuru, bearing 331° 44′ for a distance of 913.5 links: as the same is more particularly delineated on the plan marked L and S 1/264, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red (North Auckland Plan 28303).
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).

15 Revesting in the Union Bank of Australia certain land in city of Christchurch

Whereas by memorandum of transfer registered in the Land Registry Office at Christchurch as number 220187 certain land was transferred by the Union Bank of Australia, Limited, to the Crown: And whereas the land hereinafter described was included in the memorandum of transfer in error, and it is now desired to rectify the error by revesting the land in the bank without payment: Be it therefore enacted as follows:—
(1) The land hereinafter described is hereby vested in the Union Bank of Australia, Limited, and the District Land Registrar at Christchurch is hereby empowered to issue free of charge to the bank a certificate of title for such land together with the balance of the land comprised in certificate of title, Volume 232, folio 37, Canterbury Registry, and to make such amendments to his records and to do such other things as may be necessary to give effect to this section.
(2) The land to which this section relates is particularly described as follows:—
All that area in the Canterbury Land District, containing by admeasurement twenty-seven one-hundredths of a perch, more or less, and being part of Lot 1, Deposited Plan 11103 (part Town Section 724), situated in the City of Christchurch, and bounded as follows: commencing at a point on the western boundary of Lot 1, Deposited Plan 11103, 62.71 links from the south-western corner of the said Lot 1, Deposited Plan 11103; thence bounded towards the south, east, and north by other part of Lot 1, Deposited Plan 11103, 1.49 links, 105.3 links, and 1.73 links to the western boundary of Lot 1 of the aforementioned plan; thence returning to the point of commencement along the said western boundary 105.3 links: as the same is more particularly delineated on the plan marked PWD 100252, deposited in the office of the Minister of Public Works at Wellington, and thereon coloured red.

16 Validating an advance granted by the Lands Development Board

Notwithstanding the provisions of section seven of the Land Laws Amendment Act 1929, the action of the Lands Development Board, established by section three of that Act, in authorizing an advance of one thousand two hundred dollars to the lessee of Sections 194, 195, and 198, Okura Parish, North Auckland Land District, for and the purpose of erecting a dwellinghouse on the said land is hereby validated.
The words “one thousand two hundred dollars” were substituted, as from 10 July 1967, for the words “six hundred pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

17 Authorizing the Waiuku Town Board to expend the revenue from certain land in managing, administering, and improving the Massey Park Domain and other land set apart for recreation purposes, and under the control of the Board

[Repealed]
Section 17 was repealed, as from 25 October 1963, by section 9(2) Reserves and Other Lands Disposal Act 1963 (1963 No 128).

18 Extending the leasing powers of the Waihi Borough Council in respect of certain lands in the Waihi Beach Township, and declaring certain other lands in the said Township to be recreation reserves

Whereas by a Proclamation published in the Gazette of the eighteenth day of March, nineteen hundred and twenty, the land described in the Schedule thereto was taken for the purposes of a public recreation and pleasure ground and vested in the Corporation of the Borough of Waihi: And whereas by section seventeen of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1922, the Waihi Borough Council was authorized, subject to the approval of the Minister of Lands, to set aside such portions of the said land as it might think fit and to let the same as building-sites by way of lease for any term not exceeding ten years, and to let for any term not exceeding five years any dwellinghouse then erected on any part of the said land: And whereas it is desirable that provision should be made for the issue of more satisfactory leases over the portions of the said land so set aside for letting as building-sites, and that certain other land as hereinafter described should be held by the said Council as recreation-grounds or pleasure-grounds under the provisions of the Municipal Corporations Act 1954: Be it therefore enacted as follows:—
(1) The land described in subsection six hereof, being portions of the land taken by the said Proclamation as aforesaid, is hereby set apart for the purposes of public recreation and pleasure grounds, and shall be held, administered, and controlled by the Waihi Borough Council for such purposes in accordance with the provisions of the Municipal Corporations Act 1954.
(2) Except as provided by this section, no leases shall be granted by the Council after the passing of this Act of any portion of the land taken by the said Proclamation and not set aside under the last preceding subsection under the provisions of section seventeen of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1922. Leases of any portion of that land for the purposes of building-sites may, however, be offered by the Council for sale by public auction for a term of twenty-one years with a provision in accordance with Schedules 1 and 2 to the Public Bodies' Leases Act 1908, that on the expiration of the term the lessee shall have an option either to accept a renewed lease in accordance with the said Schedule 1, or to have a new lease offered for sale by auction in accordance with the said Schedule 2. The upset rent shall be such as the Council may determine, and the Council may require the purchaser of the lease to pay to the Council or to the previous lessee (if any) the value (to be determined by the Council in such manner as it may think fit) of any buildings, fixtures, or other improvements on the land.
(3) The lessee of any lease granted under the provisions of the said section seventeen may at any time within three years from the passing of this Act, or not later than three months before the date of expiration of his lease, whichever is the earlier, apply to the Council for leave to surrender his lease and to receive in exchange therefor a new lease of the whole or of part of the land comprised in the lease proposed to be surrendered. Such new lease shall be for a term of twenty-one years and the lessee shall have the same option as the lessee of a lease granted under the last preceding subsection. The rent reserved under the new lease shall be determined by the Council, but should the lessee object to such rent within thirty days of notice of such determination having been given to him by the Council, then and in every such case the rent shall be determined by valuation made in accordance with the provisions of paragraphs four to eight of Schedule 1 to the Public Bodies Leases Act 1908.
(4) Should the lessee of any lease granted under the provisions of the said section seventeen fail to apply within the time limited by the last preceding subsection for leave to surrender his lease and to receive a new lease in exchange therefor in the manner hereinbefore provided, then and in every such case on the expiration by effluxion of time of the term of his lease, the Council may proceed to offer for sale by public auction a lease of the land concerned for the term and with the provision as set forth in subsection two hereof. The upset rent shall be such sum as the Council may determine, and the Council may require the purchaser of the lease to pay to the Council or to the former lessee the value (to be determined by the Council in such manner as it thinks fit) of any buildings, fixtures, or other improvements on the land.
(5) The provisions of sections six to thirteen of the Public Bodies Leases Act 1908, shall, so far as they are consistent with the provisions of this section, apply to any lease granted or sold in accordance with the provisions hereof.
(6) The land set apart for the purposes of public recreation and pleasure grounds under the provisions of subsection one hereof is particularly described as follows:—
All that area in the Auckland Land District in the Borough of Waihi, situated in Block III, Waihi North Survey District, containing by admeasurement thirteen acres two roods eight perches, more or less, being part of Waihi Number 2 Block and part of Waihi Number 3 Block: bounded towards the west, north-west, and north-east by Lot 1 on Plan Number 22757 deposited in the office of the District Land Registrar at Auckland; towards the east generally by part of Waihi Number 2 Block and part of Waihi Number 3 Block (Esplanade on DP 17197); towards the south generally by Waihi Beach Road; again towards the west generally by Lots 13, 12, 11, 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1 of Block II on Plan Number 17197 deposited as aforesaid; again towards the south generally by Lot 1 of Block II aforesaid, part of Waihi Number 3 Block and part of Waihi Number 2 Block (The Terrace on DP 17197), and Lot 1 of Block I on the aforesaid DP 17197; again towards the east generally by Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9 of Block I on aforesaid DP 17197; and again towards the south generally by part of Waihi Number 3 Block (Seaview Road on DP 17197).
Also all that area containing by admeasurement four acres three roods thirty-eight perches, more or less, being part of Waihi Number 3 Block and part of Waihi Number 5 Block: bounded towards the north generally by Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of Block IV on Plan Number 17197 deposited in the office of the District Land Registrar at Auckland; towards the east generally by Waihi Beach Road; towards the south generally by Lots 32, 31, 30, 29, 26, 25, 24, 23, 22, 21, 20, 19, 18, 17, and 16 of Block IV on the aforesaid DP 17197; and towards the west generally by Lot 1 on Plan Number 22757 deposited as aforesaid.
Also all that area containing by admeasurement two acres three roods thirty-five perches, more or less, being part of Waihi Number 3 Block and part of Waihi Number 5 Block: bounded towards the west generally by Waihi Beach Road, Lots 5 and 4 of Block V on Plan Number 17197 deposited in the office of the District Land Registrar at Auckland, again Waihi Beach Road, and Lots 3, 2, and 1 of Block V on the aforesaid DP 17197; towards the north generally by Waihi Beach Road; towards the east generally by part of Waihi Number 3 Block and part of Waihi Number 5 Block (Esplanade on DP 17197); and towards the south generally by Lots 11, 9, 8, 7, and 6 of Block V on the aforesaid DP 17197.
Also all that area containing by admeasurement three acres three roods twenty-five perches and four-tenths of a perch, more or less, being part of Waihi Number 5 Block, shown as Lot 60 on Plan Number 26781 lodged in the office of the District Land Registrar at Auckland.
Also all that area containing by admeasurement seven acres three roods eleven perches, more or less, being part of Waihi Number 2 Block, part of Waihi Number 3 Block, and part of Waihi Number 5 Block: bounded towards the north-east generally by the sea; towards the south generally by Lot 3 on Plan Number 22757 deposited in the office of the District Land Registrar at Auckland; towards the south-west generally by part of Waihi Number 5 Block, part of Waihi Number 3 Block, and part of Waihi Number 2 Block (Esplanade on the aforesaid Plan Number 26781 and DP 17197); and towards the north generally by Lot 1 on aforesaid DP 22757; save and excepting an intersecting public road (Waihi Beach Road).
As the same are more particularly delineated on the plan marked L and S 25/786, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red (Auckland Plan SO 29664).
The Municipal Corporations Act 1933 (1933 No 30) was 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 Bodies Leases Act 1908 (1908 No 240) was repealed, as from 1 January 1970, by section 28(a) Public Bodies Leases Act 1969 (1969 No 141).

19 Validating an agreement between the Waikato Land Settlement Society, Incorporated, and the Crown

Whereas the Waikato Land Settlement Society, Incorporated (hereinafter referred to as the Society), being a Society duly incorporated under the Incorporated Societies Act 1908, has as one of its objects the settlement of unemployed and indigent persons on land purchased or otherwise acquired by the Society: And whereas the Society is the owner of certain freehold and leasehold interests in land situated in the Auckland Land Registration District and of certain stock, implements, chattels, and other assets, and has disposed of parts of the said land, together with certain stock, implements, and other chattels, to certain purchasers under agreements of sale and purchase: And whereas the purchasers have executed in favour of the Society certain instruments by way of security over the said stock, implements, and other chattels to secure the amounts payable under the said agreements of sale and purchase: And whereas by an agreement dated the twenty-fifth day of May, nineteen hundred and thirty-eight, and made between the Society of the one part and His Majesty the King of the other part (a copy of which is deposited in the Head Office, Lands and Survey Department, Wellington, under Number 5001), it was agreed that the Crown should take over and administer the lands and other assets of the Society as from the first day of June, nineteen hundred and thirty-eight, and that as from that date the liability of the Society to the Crown for the sum of seventy thousand dollars and interest thereon should be cancelled and certain other liabilities of the Society should become liabilities of the Crown: And whereas the said agreement is conditional on the passing of validating legislation, and the parties to the agreement have agreed to the provisions hereinafter contained: Be it therefore enacted as follows:—
(1) Subject to the provisions of this section, the said agreement is hereby validated and declared to have been lawfully made.
(2) All interests of the Society in the land, or under the agreements of sale and purchase, instruments by way of security, or other documents, or in the stock, implements, and other chattels, or in the other property to which the said agreement relates, are hereby vested in His Majesty the King.
(3) The District Land Registrar at Auckland is hereby authorized to make such entries in the registers and to do such other things as may be necessary to give full effect to the provisions of the last preceding subsection in so far as it relates to any interests in land. For the purposes of this subsection a certificate by the Minister of Lands to the effect that any interest in land has been vested in His Majesty under this section shall be accepted by the Registrar as sufficient evidence of that fact.
(4) All lands vested in His Majesty under this section shall be deemed to have been acquired under the Small Farms Act 1932-33 (hereinafter referred to as the principal Act), and with respect to all lands heretofore disposed of by the Society the provisions of the principal Act shall apply as if the lands had been disposed of under that Act. For the purposes of this section the terms Board and Minister have the same meanings respectively as in the principal Act.
(5) Notwithstanding anything to the contrary in the principal Act, but without limiting any other powers of disposal, it is hereby declared that any of the said lands may be disposed of, to any person qualified to receive a lease under section eight of the principal Act, by way of agreement of sale and purchase at such price and upon such terms and conditions as the Board thinks fit, being as nearly as may be the terms and conditions of the agreements heretofore made by the Society with its purchasers, but so that—
- (a) The price for the land with interest thereon shall be payable by instalments at regular intervals, each of the instalments consisting partly of principal and partly of interest:
- (b) A separate current account shall be kept of all principal and interest owing by the purchaser to the Crown in respect of stock, implements, and other chattels as distinct from the price for the land, but the moneys in the current account shall be collaterally secured on the land:
- (c) Except with the consent of the Minister, acting on the recommendation of the Board, the purchaser shall not be entitled to a title to the land until the price of the land and all interest thereon and all moneys in the current account have been paid or satisfied.
(6) The Board may at any time during the currency of any agreement of sale and purchase heretofore made by the Society arrange with the purchaser for the cancellation of the agreement and the substitution therefor of a new agreement of sale and purchase in accordance with this section. For the purposes of this subsection any instruments or documents in force between the parties may be cancelled and new ones may be substituted therefor.
(7) Where an arrangement is made under the last preceding subsection, the Board may, if it deems it just and equitable so to do, having regard to any losses suffered by the purchaser by reason of disease among his stock, reduce to such extent as it thinks fit the liability of the purchaser to the Crown in respect of his stock.
(8) Except with the prior consent of the Minister, acting on the recommendation of the Board, the person to whom any land has heretofore been disposed of by the Society, or the person to whom any land vested in His Majesty under this section is hereafter disposed of, or any person claiming through or under any such person shall not be capable at any time after the issue of a certificate of title to the land of alienating, mortgaging, charging, or leasing the land or any part thereof, or of creating (otherwise than by will) any right, title, estate, or interest (whether legal or equitable) in the land or any part thereof. Every certificate of title issued under this section shall have written thereon a memorial that it is issued subject to the restrictions imposed by this subsection.
(9) The last preceding subsection is in substitution for section thirty-one of the Reserves and other Lands Disposal Act 1936, and that section is hereby accordingly repealed.
(10) Any agreement, deed, memorandum of satisfaction, or other instrument required to be executed by or on behalf of His Majesty for the purposes of this section may be signed by the Under-Secretary for Lands or by his deputy and shall be as valid and effectual if so signed as if executed by or on behalf of His Majesty.
Subsection (4) was amended, as from 29 September 1939, by section 2(2) Small Farms Amendment Act 1939 (1939 No 21) by omitting the words “(Relief from Unemployment)” from the Act title “Small Farms (Relief from Unemployment) Act 1932-33”.
The words “seventy thousand dollars” were substituted, as from 10 July 1967, for the words “thirty-five thousand pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

20 Dissolving body corporate known as Queenstown Racecourse Trustees, and transferring their assets and liabilities to Frankton Aerodrome Board

Whereas by the Queenstown Racecourse Reserve Act 1879, an area of one hundred and thirty-nine acres three roods nine perches in the Town of Frankton, and in Block I, Shotover Survey District, Otago Land District, was vested in a body corporate known as the Trustees of the Queenstown Racecourse, to be held by it for the purposes of the said Act: And whereas the trustees had authority under the said Act to lease the whole or any part of the reserve not required for the purposes of a racecourse: And whereas the reserve has not been used for racing for many years, and the trustees granted a lease over the reserve on terms and conditions providing that the lessee should be entitled to compensation for boundary-fences only from any incoming tenant, and that in the event of the land not being again leased the lessee should not be entitled to any compensation for improvements: And whereas the lease has expired and, as for reasons hereinafter appearing the reserve has not been again offered for lease, the former lessee is not legally entitled to any compensation for improvements: And whereas at the request of the trustees and with the approval of the local authorities of the district action has been taken to cancel the vesting of the reserve in the said body corporate and to change the purpose of the reservation from a reserve for a racecourse to a reserve for a site for an aerodrome: And whereas the control of such reserve is now vested in the Frankton Aerodrome Board pursuant to the provisions of section seventeen of the Public Reserves, Domains, and National Parks Act 1928: And whereas it is desirable that the said body corporate should be dissolved, that all its assets and liabilities should be transferred to and vested in the said Aerodrome Board, that the said Board should be empowered to deal with any claim for compensation for improvements submitted by the former lessee of the reserve if it should think fit to do so, and that the Queenstown Racecourse Reserve Act 1879, should be repealed: Be it therefore enacted as follows:—
(1) The body corporate known as the Trustees of the Queenstown Racecourse, as constituted under the provisions of the Queenstown Racecourse Reserve Act 1879, is hereby dissolved, and all assets and liabilities of the said body corporate are hereby transferred to and vested in the Frankton Aerodrome Board as constituted by the Order in Council published in the Gazette of the second day of December, nineteen hundred and thirty-seven.
(2) The said Frankton Aerodrome Board is hereby authorized to deal in such manner as it may think fit with any claim for compensation for improvements submitted by the former lessee of the reserve, and to make such payment (if any) as it may deem to be reasonable and equitable under the circumstances of the case, and in connection therewith to take into consideration and set off any arrears of rent that may be owing by the lessee in respect of his occupation of the reserve.
(3) The Queenstown Racecourse Reserve Act 1879, is hereby repealed.
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 Restriction on construction of drains, etc, likely to endanger Tarawera River improvement-works

[Repealed]
Section 21 was repealed, as from 1 April 1957, by section 20(1) Rangitaiki Land Drainage Act 1956 (1956 No 34).

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 Burial and Cremation Act 1964, or any other Act, the burial of the body of the late Catherine MacKay Burnett in the land described in subsection six hereof 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 Burial and Cremation Act 1964, 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) hereof.
(3A) Notwithstanding section 36(3) of the Burial and Cremation 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 license 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 license 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 one and two hereof relate is particularly described as follows:—
All that area in the Canterbury Land District, containing by admeasurement three acres six 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, 1461.0 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, 1475.7 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 three, four, and five hereof relate is described as follows:—
All that area in the Canterbury Land District, containing two 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.
Subsection (3A) was inserted, as from 13 January 1983, by section 7 Reserves and Other Lands Disposal Act 1983 (1983 No 148).
The Cemeteries Act 1908 (1908 No 19) was repealed, as from 1 April 1965, by section 61(1) Burial and Cremation Act 1964 (1964 No 75).
The Land Act 1924 (1924 No 31) was repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

23 Validating a certain payment by the Waikawa Domain Board

Notwithstanding anything to the contrary in the Local Authorities (Members' Contracts) Act 1934, or in any other Act, the payment of twenty dollars made during the financial year ended on the thirty-first day of March, nineteen hundred and thirty-seven, by the Waikawa Domain Board to Thomas Edward Wybrow in respect of a contract carried out by him while a member of the said Board is hereby validated and declared to have been lawfully made by the said Board and to have been lawfully received by the said Thomas Edward Wybrow.
The words “twenty dollars” were substituted, as from 10 July 1967, for the words “ten pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

24 Authorizing trustees of will of late Sir John Logan Campbell to expend certain trust funds

The trustees of the will of the late Sir John Logan Campbell are hereby empowered to expend from the funds held by them as trustees towards the cost of the works authorized by subsection two of section two of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1912, the sum of thirty thousand dollars.
The words “thirty thousand dollars” were substituted, as from 10 July 1967, for the words “fifteen thousand pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

25 Validating payments made by the Woodend Domain Board

Notwithstanding anything to the contrary in the Public Reserves, Domains, and National Parks Act 1928, or in any other Act, the payments of thirty-one dollars and eighty-five cents made during the financial year ended on the thirty-first day of March, nineteen hundred and thirty-seven, and sixteen dollars and eighty cents made during the financial year ended on the thirty-first day of March, nineteen hundred and thirty-eight, by the Woodend Domain Board to Barnard John Archer in respect of services rendered by him as the Board's Secretary while a member of the said Board are hereby validated and declared to have been lawfully made by the said Board and to have been lawfully received by the said Barnard John Archer.
The words “thirty-one dollars and eighty-five cents” and “sixteen dollars and eighty cents” were substituted, as from 10 July 1967, for the words “fifteen pounds eighteen shillings and sixpence” and “eight pounds and eight shillings” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).
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).

26 Providing for the care, management, and protection of the national park areas along Te Anau - Milford Sound Road

[Repealed]
Section 26 was repealed, as from 1 April 1953, by section 65(1) National Parks Act 1952 (1952 No 54).

27 Authorizing an exchange of lands between His Majesty and Auckland City Council, and validating a transfer of land to the Council

Whereas it was provided by sections thirty-two and thirty-three of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1924, that the parcels of land described therein, being lands of the Crown and of the Corporation of the City of Auckland, might be exchanged, that an agreement for exchange of certain lands in Auckland City should be validated and that compensation should be determined by a Compensation Court to be constituted under the Public Works Act 1981: And whereas the said section thirty-two further provided for possession of the lands to be exchanged being taken by or on behalf of the Crown and by the Auckland City Council respectively not later than the thirtieth day of November, nineteen hundred and twenty-five: And whereas possession was not taken as so provided: And whereas it has been agreed that the land of the Auckland City Council described in paragraph one of subsection eleven of the said section thirty-two should be exchanged for other land of the Crown: And whereas the area of land described in subsection six of the said section thirty-three has been transferred to the Auckland City Council by the vendors as described in such section: Be it therefore enacted as follows:—
(1) The transfer of the area of land described in subsection six of section thirty-three of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1924, from Alfred Edward Francis Gilbert and Augustus Henry Gilbert, of Auckland, Printers, to the Auckland City Council is hereby validated.
(2) The Auckland City Council is hereby authorized to transfer to His Majesty the King free from encumbrances the land described in paragraph one of subsection eleven of section thirty-two of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1924.
(3) On completion of the transfer to His Majesty of the land which the Auckland City Council is authorized to transfer under the provisions of the last preceding subsection, the Governor-General may by Warrant under his hand authorize the issue of a certificate of title for an estate in fee-simple free from encumbrances to the Corporation of the Mayor, Councillors, and Citizens of the City of Auckland for the land described in subsection six hereof.
(4) The District Land Registrar for the Land Registration District of Auckland is hereby empowered and directed to register all transfers, titles, and other documents necessary to give effect to the provisions of the last two preceding subsections without payment of any fees whatsoever.
(5) Sections thirty-two and thirty-three of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1924, are hereby repealed.
(6) The land to which subsection three hereof relates is particularly described as follows:—
All that area in the North Auckland Land District, containing thirteen perches, more or less, being parts of Allotments 4 and 5 of Section 4, City of Auckland, and bounded as follows: towards the north by part Allotment 5 of Section 4, City of Auckland, shown on a plan numbered 27010, and deposited in the office of the District Land Registrar at Auckland; towards the east by O'Connell Street; towards the south by Chancery Lane; and towards the west generally by Chancery Lane, part Allotment 4 of Section 4, City of Auckland, shown on plan numbered 22795 deposited as aforesaid, and Lots 4 and 3 on plan numbered 19507 deposited as aforesaid, being part of Allotment 4 of Section 4, City of Auckland: as the same is more particularly delineated on the plan numbered 29775, deposited in the office of the Chief Surveyor at Auckland, and thereon bordered red.
The Public Works Act 1908 (1908 No 160) was repealed, as from 6 October 1928, by section 346 Public Works Act 1928 (1928 No 21). That Act was in turn repealed, as from 1 February 1982, by section 248(1) Public Works Act 1981 (1981 No 35).

28 Validating the borrowing of certain moneys by the Westshore Domain Board, and validating payments of interest and repayment of principal

Notwithstanding anything to the contrary in the Public Reserves, Domains, and National Parks Act 1928, or in any other Act or rule of law, the actions of the Westshore Domain Board in borrowing from the Napier Thirty Thousand Club, a society duly incorporated under the Incorporated Societies Act 1908, the sum of four hundred and nineteen dollars and forty-two and a half cents during the financial year ended on the thirty-first day of March, nineteen hundred and thirty-one, and in paying interest thereon and in repaying principal in respect thereof (including the payment by the said Board of the sum of three hundred and twenty-five dollars and eighty cents, being a sum paid to the said Board under the authority of subsection two of section forty-one of the Public Reserves, Domains, and National Parks Act 1928, for the improvement of the Westshore Domain) are hereby validated and declared to have been lawful.
The words “four hundred and nineteen dollars and forty-two and a half cents” and “three hundred and twenty-five dollars and eighty cents” were substituted, as from 10 July 1967, for the words “two hundred and nine pounds fourteen shillings and threepence” and “one hundred and sixty-two pounds and eighteen shillings” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).
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).

29 Validating the borrowing of certain moneys by the South Egmont Local Committee of the Egmont National Park Board, and validating past payments and empowering future payments of principal and interest

Notwithstanding anything to the contrary in the Egmont National Park Act 1924, or in any other Act or rule of law, the actions of the South Egmont Local Committee of the Egmont National Park Board in borrowing sums amounting to four hundred dollars during the financial year ended the thirty-first day of March, nineteen hundred and thirty-six, and in paying interest thereon and in repaying principal in respect thereof are hereby validated and declared to have been lawful- and the said committee is hereby authorized and empowered from time to time to make further repayments of principal and until the sums borrowed are repaid to make periodical payments of interest in respect of the principal outstanding.
The words “four hundred dollars” were substituted, as from 10 July 1967, for the words “two hundred pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

30 Validating certain payments by the Brighton Domain Board

Notwithstanding anything to the contrary in the Public Reserves, Domains, and National Parks Act 1928, or in any other Act, the payment of thirty-five dollars and sixty cents made during the financial year ended the thirty first day of March, nineteen hundred and thirty-eight, by the Brighton Domain Board to John Thornley, a member of the Board, and the payment of seven dollars and twenty cents made during the same year by the said Board towards the expenses of certain organizations providing entertainment at the domain, are hereby validated and declared to have been lawfully made, and the payment to the said John Thornley is hereby declared to have been lawfully received by him.
The words “thirty-five dollars and sixty cents” and “seven dollars and twenty cents” were substituted, as from 10 July 1967, for the words “seventeen pounds and sixteen shillings” and “three pounds and twelve shillings” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).
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).

31 Authorizing the Minister of Public Works to construct the Lake Forsyth outlet to the sea and provisions incidental thereto

[Repealed]
Section 31 was repealed, as from 21 October 1955, by section 21(1) Reserves and Other Lands Disposal Act 1955 (1955 No 49).

32 Providing for the transfer to Gisborne Land Registry of certificates of title wrongly registered in Hawke's Bay Registry

Whereas since the first day of January, eighteen hundred and ninety-seven, the land hereinafter described has been within the boundaries of the Gisborne Land Registration District: And whereas the said land was included in a Warrant under the hand of the Governor forwarded in error to the District Land Registrar for the Hawke's Bay Land Registration District on the twenty-fourth day of July, nineteen hundred and fifteen, and, pursuant to that Warrant, certificates of title under the Land Transfer Act 1952, were issued for the land, and instruments of various kinds affecting the land were thereafter registered in the Land Registry Office of the Hawke's Bay Land Registration District: And whereas the said land is now comprised in the certificates of title hereinafter referred to: And whereas the said Warrant under the hand of the Governor should have been forwarded to the District Land Registrar for the Gisborne Land Registration District and all instruments affecting the land should have been registered in the Land Registry Office of that district: And whereas it is desirable to provide for the rectification of the registers in the manner hereinafter set out: Be it therefore enacted as follows:—
(1) The District Land Registrar for the Hawke's Bay Land Registration District shall transmit to the District Land Registrar for the Gisborne Land Registration District certified copies of certificates of title, HB Volume 4, folios 79 and 80, Hawke's Bay Registry, and also all instruments or copies of instruments in his possession affecting the land to which this section relates or, where they also affect other land, certified copies thereof, and the District Land Registrar for the Gisborne Land Registration District shall include the copies of the certificates of title and other documents so forwarded to him in the register kept by him under the provisions of the Land Transfer Act 1952, and thenceforth the said certificates of title and the instruments theretofore registered or entered on the register in relation to the said land shall have the same force and effect as if they had in the first instance been issued, registered, or entered, as the case may be, by the District Land Registrar for the Gisborne Land Registration District.
(2) The land to which this section relates is particularly described as follows:—
All those parcels of land containing together fifty-one acres, more or less, being Sections 4 and 5, Block XVI, on the public map of the Opoiti Survey District.
The Land Transfer Act 1908 (1908 No 99) was repealed, as from 1 October 1915, by section 2 Land Transfer Acts Compilation Act 1915 (1915 No 35). Appendix B of the repealing Act replaced the 1908 Act with a compiled Act enacted under the title of The Land Transfer Act 1915. That Act was in turn repealed, as from 1 January 1953, by section 245(1) Land Transfer Act 1952 (1952 No 52).

33 Declaring Crown land on Farewell Spit a reserve for the preservation of flora and fauna, authorizing the reservation as a sanctuary of areas below high-water mark in the vicinity, and providing for the care and protection of all the same

[Repealed]
The Land Act 1924 (1924 No 31) was repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).
The Justices of the Peace Act 1927 (1927 No 37) was substituted, as from 1 April 1958, by a reference to the Summary Proceedings Act 1957 by section 214(1) Summary Proceedings Act 1957 (1957 No 87).
The words “two hundred dollars” were substituted, as from 10 July 1967, for the words “one hundred pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).
Section 33 was repealed, as from 21 December 1977, by section 14 Reserves and Other Lands Disposal Act 1977 (1977 No 104).

34 Vesting land fronting Wellington Railway-station in the Corporation of the City of Wellington for street purposes

Whereas the land hereinafter described was, with other land, taken for the purposes of the Wellington Napier Railway by a Proclamation published in the Gazette of the twenty-fourth day of November, eighteen hundred and eighty-one: And whereas the said land has been laid out in streets on which carriageways, footways, and gardens have been constructed as shown on the plan marked LO 4781, deposited in the office of the Minister of Railways at Wellington, and thereon coloured burnt sienna, neutral, and pink and green, and such land is not now required for railway purposes: And whereas it is expedient that the said land be vested in the Mayor, Councillors, and Citizens of the City of Wellington (hereinafter referred to as the Corporation) upon trust for the purposes of a street, subject, however, to certain conditions as hereinafter provided: Be it therefore enacted as follows:—
(1) Notwithstanding anything to the contrary in the Municipal Corporations Act 1954, or any other Act, the land described in subsection three hereof is hereby vested in the Corporation upon trust for the purposes of a street, subject to the following conditions:—
- (a) Except with the prior consent in writing of the Minister of Railways, no building, structure, or erection of any kind whatsoever shall be built, erected, or placed upon the said land:
- (b) Except with the prior consent in writing of the Minister of Railways, no alteration shall be made in the layout of the carriageways, footways, or gardens on the said land:
- (c) The gardens and footways from time to time on the said land shall be maintained by the said Corporation at its own expense:
- (d) The carriageways from time to time on the said land shall be maintained by the said Corporation and half the cost of maintenance shall be paid by the Government Railways Department.
(2) The District Land Registrar for the Land Registration District of Wellington is hereby directed and empowered to issue a certificate of title in respect of the said land in favour of the Corporation for the purposes of and subject to the conditions set out in this section.
(3) The land to which this section relates is particularly described as follows:—
All that area in the City of Wellington, containing by admeasurement one acre and thirty-five perches and nine-tenths of a perch, more or less, being part of the Thorndon Reclamation, and being part of the land comprised and described in certificate of title, Volume 443, folio 66, Wellington Registry: as the same is more particularly delineated on the plan marked LO 5363, deposited in the office of the Minister of Railways at Wellington, and thereon coloured yellow.
The Municipal Corporations Act 1933 (1933 No 30) was 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).

35 Special provision for application of proceeds from sale of trees on the Okotuku Domain

Notwithstanding anything to the contrary in the Reserves Act 1977, the Okotuku Domain Board is hereby empowered to apply the proceeds from the sale of certain trees now growing on the Okotuku Domain, or such part of such proceeds as it may think fit, in or towards the construction of horse-boxes on the said domain.
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).

36 Vesting Section 13, Block XIV, Town of Manaia, in His Majesty as an addition to the Manaia Domain

Whereas the land hereinafter described is vested in the Manaia Town Board as a site for a public library and as an endowment for town purposes: And whereas the said land is not required as a site for a public library, and it is desirable that it should be added to the Manaia Domain in order that it may be used as portion of the site of public swimming-baths which are to be constructed in the Town of Manaia: And whereas it is desirable to make suitable provision in that behalf: Be it therefore enacted as follows:—
(1) The land described in subsection three hereof is hereby declared to be vested in His Majesty the King as a recreation reserve, to be subject to the provisions of Part 2 of the Public Reserves, Domains, and National Parks Act 1928, and to form portion of the Manaia Domain.
(2) The District Land Registrar for the Land Registration District of Taranaki is hereby empowered and directed to make such entries in the register-book and in the outstanding certificate of title for the said land as may be necessary to give effect to the provisions of this section.
(3) The land to which this section relates is particularly described as follows:—
All that area in the Taranaki Land District, containing by admeasurement one rood, more or less, being Section 13, Block XIV, Town of Manaia, and being all the land comprised in certificate of title, Volume 9, folio 16, Taranaki Registry.
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).

37 Authorizing the Wellington City Council to use portion of the Town Belt for a motor camp

Notwithstanding anything to the contrary contained in a deed dated the seventeenth day of March, eighteen hundred and seventy-three, made between the Superintendent of the Province of Wellington of the one part and the Mayor, Councillors, and Citizens of the City of Wellington as then constituted of the other part, or in any Act, the Wellington City Council is hereby authorized and empowered to set apart and use for a motor camp such portion of the Town Belt in the City of Wellington, not exceeding ten acres, as the Minister of Lands may approve, and for the development, maintenance, and control thereof the Council may spend out of its District Fund such sum or sums in any year as it may think fit, and the said Council may fix such charges for the use of the said motor camp as it thinks fit.

38 Vesting part of Waterloo Quay in the Corporation of the City of Wellington as a street and provisions incidental thereto

Whereas the land hereinafter described is at present vested in the Wellington Harbour Board: And whereas, consequent upon certain arrangements which are being entered into between the said Board, the Wellington City Council, and His Majesty the King, it is desirable that the said land should be vested in the Corporation of the Mayor, Councillors, and Citizens of the City of Wellington (hereinafter referred to as the Corporation) as a street: And whereas it is expedient to make provision as hereinafter provided: Be it therefore enacted as follows:—
(1) The land hereinafter described is hereby vested in the Corporation for the purposes of a street.
(2) The Wellington Harbour Board and Corporation Land Act 1880, is hereby amended as follows:—
- (a) By repealing subsection two of section four:
- (b) By omitting from paragraph one of Schedule 1 the following words “All that piece or parcel of land in the City of Wellington, known as Waterloo Quay, as the same is shown in red on the plan marked PWD 7942, and deposited in the Public Works Office, Wellington”.
(3) His Majesty the King, the Wellington Harbour Board, and the Mayor, Councillors, and Citizens of the City of Wellington are hereby authorized and empowered to execute and to carry out the provisions of a deed of agreement, the terms of which have been already arranged and a draft copy of which is deposited in the office of the Minister of Railways at Wellington, marked and numbered LO 430.
(4) All railway-lines now constructed, and all lines hereafter constructed pursuant to the agreement authorized by the last preceding subsection, across, upon, or along Waterloo Quay, including therein the whole of its length from Whitmore Street to its junction with the street now being formed, the latter being known as Aotea Quay, and also across, upon, or along side roads and streets connecting the said Waterloo Quay with the wharves shall be deemed to form part of a Government Railway:
Provided that the provisions of subsection one of section fifty-six of the Government Railways Act 1926, shall not apply with respect to any such railway-lines.
(5) The land to which this section relates is described as follows:—
All that area in the Wellington Land District, in the City of Wellington, containing by admeasurement six acres one rood two perches, more or less, being part of the land known as Waterloo Quay, and being part of the land referred to in paragraph one of Schedule 1 to the Wellington Harbour Board and Corporation Land Act 1880: as the same is more particularly delineated on the plan marked SO 20314, deposited in the Office of the Chief Surveyor at Wellington, and thereon coloured red.
Also all that area in the Wellington Land District, in the City of Wellington, containing by admeasurement sixteen one-hundredths of a perch, more or less, being the land described in Schedule 6 to the Wellington Harbour Board Reclamation and Empowering Act 1898, being part of Section 2, Block I, Thorndon Reclamation, and being all the land comprised in certificate of title, Volume 103, folio 17, Wellington Registry: as the same is more particularly delineated on the plan marked SO 20314, deposited in the Office of the Chief Surveyor at Wellington, and thereon coloured yellow.
Subsection (5) was amended, as from 29 September 1939, by section 5 Reserves and other Lands Disposal Act 1939 (1939 No 23) by substituting the descriptions of the relevant land.

39 Declaring certain Crown land to be education endowment and authorizing Taranaki Land Board to incorporate the same in education-endowment leases of adjoining land

Whereas the land hereinafter described formerly comprised portion of the Manaia Branch Railway Reserve, and was declared Crown land by a Proclamation published in the Gazette of the twenty-fourth day of September, nineteen hundred and thirty-one: And whereas the said land adjoins and intersects certain other land set apart as an endowment for primary education and leased to certain lessees: And whereas it is desirable that the said land should also be set apart as an endowment for primary education and that it should be incorporated in the said leases: And whereas it is expedient that special authority should be provided in that behalf: Be it therefore enacted as follows:—
(1) Notwithstanding anything to the contrary in any Act, the land described in the Schedule to this Act is hereby declared to be set apart as an endowment for the purpose of primary education. The Taranaki Land Board may incorporate such part of the said land as it thinks fit with any of the adjoining primary-education-endowment land leased as aforesaid and make any consequential adjustment of rent required, and thereupon the land so incorporated shall be held on the same tenure and upon the same terms and conditions and shall be subject to the same rights, titles, interests, and encumbrances as the other land comprised in the lease affected thereby.
(2) A certificate under the hand of the Commissioner of Crown Lands for the Land District of Taranaki shall be sufficient authority to the District Land Registrar of the Land Registration District of Taranaki to make appropriate entries in respect of such incorporation on the respective leases retained in his office and on the outstanding copies thereof, and to do such other things as may be necessary to give full effect to the provisions of this section.

40 Validating a certain payment by the Papanui Domain Board

Notwithstanding anything to the contrary in the Local Authorities (Members' Contracts) Act 1934, or in any other Act, the payment of forty dollars made during the financial year ended the thirty-first day of March, nineteen hundred and thirty-eight, by the Papanui Domain Board to Raymond Victor Clarke in respect of a contract carried out by him while a member of the said Board is hereby validated and declared to have been lawfully made by the said Board and to have been lawfully received by the said Raymond Victor Clarke.
The expression “forty dollars” was substituted, as from 10 July 1967, for the expression “twenty pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

Schedule
Land situated in the Taranaki Land District to which section 39 relates.

Section	Block	Survey District of	Area
			A	R	P
Part 45	XV	Kaupokonui	3	0	18.1
‥ 45...................................................................	‥	‥...................................................................	1	1	19.4
‥ 46...................................................................	‥	‥...................................................................	3	0	7
‥ 46...................................................................	‥	‥...................................................................	10	3	11
47 and Part 48	‥	‥...................................................................	1	2	35.8
Part 48	‥	‥...................................................................	2	3	0.8
79...................................................................	III	Waimate...................................................................	1	1	14.1
80...................................................................	‥	‥...................................................................	1	1	13.3
81...................................................................	‥	‥...................................................................	2	1	37
82...................................................................	‥	‥...................................................................	2	3	16.6
83...................................................................	‥	‥...................................................................	2	1	26.5
84...................................................................	‥	‥...................................................................	1	2	36.1

As the same is delineated on the plan marked L and S 23/360, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured red and blue.

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Reserves and other Lands Disposal Act 1938

Reserves and other Lands Disposal Act 1938

Contents

1 Short Title

2 Authorizing the grant of additional land to the registered proprietors of Allotment 68, Parish of Waikomiti, North Auckland Land District, as compensation for a shortage in area

3 Defining the status of certain lands in Kopuru Parish, North Auckland Land District

4 Validating a Warrant and Orders in Council relating to Allotment 142, Kopuru Parish, North Auckland Land District

5 Revoking the reservation over and the vesting of part Allotment 15, Karioi Parish, Auckland Land District, and redescribing and again reserving the said allotment and revesting portion thereof in the Raglan County Council

6 Section 9 of the Reserves and other Lands Disposal Act 1937, amended

7 Cancelling the reservation over certain education endowment lands in Auckland Land District, and setting them apart as permanent State forest

8 Vesting Section 451, Town of Hamilton West, in the Waikato Diocesan Trust Board

9 Authorizing issue of new lease of Lot 12, DP 8673, Wellington Registry, without payment of present value of lessors' reversionary interest in certain improvements

10 Section 26 of the Reserves and other Lands Disposal Act 1933, repealed

11 Validating sale and purchase of Flock House Station

12 Abolishing the Moumahaki and Weraroa Endowments

13 Making sections 359 and 360 of the Land Act 1924, applicable to the Buller Coal Field and the Westport Colliery Reserves

14 Cancelling the reservation over portion of the Kopuru Domain and authorizing the disposal thereof

15 Revesting in the Union Bank of Australia certain land in city of Christchurch

16 Validating an advance granted by the Lands Development Board

17 Authorizing the Waiuku Town Board to expend the revenue from certain land in managing, administering, and improving the Massey Park Domain and other land set apart for recreation purposes, and under the control of the Board

18 Extending the leasing powers of the Waihi Borough Council in respect of certain lands in the Waihi Beach Township, and declaring certain other lands in the said Township to be recreation reserves

19 Validating an agreement between the Waikato Land Settlement Society, Incorporated, and the Crown

20 Dissolving body corporate known as Queenstown Racecourse Trustees, and transferring their assets and liabilities to Frankton Aerodrome Board

21 Restriction on construction of drains, etc, likely to endanger Tarawera River improvement-works

22 Validating a burial in private ground and providing for the setting aside of private burial-grounds for the Burnett family

23 Validating a certain payment by the Waikawa Domain Board

24 Authorizing trustees of will of late Sir John Logan Campbell to expend certain trust funds

25 Validating payments made by the Woodend Domain Board

26 Providing for the care, management, and protection of the national park areas along Te Anau - Milford Sound Road

27 Authorizing an exchange of lands between His Majesty and Auckland City Council, and validating a transfer of land to the Council

28 Validating the borrowing of certain moneys by the Westshore Domain Board, and validating payments of interest and repayment of principal

29 Validating the borrowing of certain moneys by the South Egmont Local Committee of the Egmont National Park Board, and validating past payments and empowering future payments of principal and interest

30 Validating certain payments by the Brighton Domain Board

31 Authorizing the Minister of Public Works to construct the Lake Forsyth outlet to the sea and provisions incidental thereto

32 Providing for the transfer to Gisborne Land Registry of certificates of title wrongly registered in Hawke's Bay Registry

33 Declaring Crown land on Farewell Spit a reserve for the preservation of flora and fauna, authorizing the reservation as a sanctuary of areas below high-water mark in the vicinity, and providing for the care and protection of all the same

34 Vesting land fronting Wellington Railway-station in the Corporation of the City of Wellington for street purposes

35 Special provision for application of proceeds from sale of trees on the Okotuku Domain

36 Vesting Section 13, Block XIV, Town of Manaia, in His Majesty as an addition to the Manaia Domain

37 Authorizing the Wellington City Council to use portion of the Town Belt for a motor camp

38 Vesting part of Waterloo Quay in the Corporation of the City of Wellington as a street and provisions incidental thereto

39 Declaring certain Crown land to be education endowment and authorizing Taranaki Land Board to incorporate the same in education-endowment leases of adjoining land

40 Validating a certain payment by the Papanui Domain Board

ScheduleLand situated in the Taranaki Land District to which section 39 relates.

Schedule
Land situated in the Taranaki Land District to which section 39 relates.