Reserves and other Lands Disposal Act 1939

12 Cancelling Orders in Council relating to the Pilot Reserve, and validating and amending Orders in Council relating to the Lighthouse and Signal-station Reserve in the Town of Napier
  • Whereas by virtue of section 2 of the Napier Harbour Board Act 1876 the lands described in subsections (4) and (5) were vested in the Napier Harbour Board for the use, benefit, and endowment of the Harbour of Napier:

    And whereas section 3 of that Act authorised the Governor-General, on behalf of the Crown, from time to time or at any time upon giving 1 month's notice in writing to the Board to enter upon and take possession of those lands:

    And whereas it is desirable that certain portions of the lands should be vested in the Board freed and discharged from the right of re-entry in favour of the Crown as contained in section 3 of the said Act:

    And whereas it is also desirable that certain portions of the said lands should be declared to be Crown land available for disposal under the Land Act 1924:

    And whereas the consent of all interested parties has been obtained to the proposed dealings with the said lands:

    And whereas by Order in Council dated 27 July 1938, and published in the Gazette of 28 July 1938, the vesting in the Board of the land described in subsection (4) was purported to have been cancelled:

    And whereas by a further Order in Council dated 27 July 1938, and published in the Gazette of 28 July 1938, the said land was purported to be again vested in the said Board for the same purposes as it was originally reserved, freed and discharged, however, from the right of re-entry in favour of the Crown as contained in section 3 of the Napier Harbour Board Act 1876:

    And whereas doubts have arisen as to the validity of the said Orders in Council, and it is expedient that they should be cancelled and provision made as hereinafter appears for the removal of the right of re-entry in favour of the Crown as hereinbefore referred to not only over the land described in the said Orders in Council, but also over the rest of the land to which such right obtained:

    And whereas by Orders in Council dated 1 September 1938, and published in the Gazette of 8 September 1938, the vesting in the Board of the land described in subsection (5), save and excepting thereout Lot 4 as shown on a plan deposited in the Land Registry Office at Napier as Number 6634, was purported to have been cancelled, and the reservation over that land was purported to have been cancelled, and the land was purported to have been declared Crown land available for disposal under the Land Act 1924:

    And whereas doubts have arisen as to the validity of the last-mentioned Orders in Council, and it is expedient that such doubts should be removed:

    And whereas it is desirable that, in addition to the said Lot 4, a further area, known as Lot 7, should remain vested in the said Board and that the said Orders in Council should be amended accordingly:

    Be it therefore enacted as follows:

    (1) Amendment(s) incorporated in the Act(s).

    (2) The said Orders in Council dated 27 July 1938 and published in the Gazette of 28 July 1938 cancelling the vesting in the Napier Harbour Board of the land described in subsection (4) and revesting the said land in the said Board are hereby revoked and declared to have been of no force or effect.

    (3) The said Orders in Council dated 1 September 1938 and published in the Gazette of 8 September 1938 are and are hereby declared to have been at all times since the date thereof effective to vest in the Crown as Crown land available for disposal under the Land Act 1924 and forever freed and discharged from the trusts and reservations imposed by section 2 of the Napier Harbour Board Act 1876 the land described in subsection (5), save and excepting thereout part of the said land, being Lots 4 and 7 as shown on a plan deposited in the Land Registry Office at Napier as Number 6634; and it is hereby further declared that the said Orders in Council are and have been of no force and effect so far as they relate to the said Lot 7, and the said Orders in Council are hereby amended accordingly.

    (4) The land to which subsection (2) relates is particularly described as follows:

    All that parcel of land situate in the Town of Napier, Hawke's Bay Land District, being a public reserve known as the Pilot Reserve containing by admeasurement 2 roods and 16 perches, more or less: bounded towards the north by Waghorn Street, 110 links; towards the east by Town Section Number 518, 280 links; and towards the south-east, south-west, and north-west by Napier Harbour Board Endowment Reserve: be all the aforesaid linkages more or less: as the same is delineated on the plan marked L and S 6/10/22C, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

    (5) The land to which subsection (3) relates is particularly described as follows:

    All that parcel of land situate in the Town of Napier, Hawke's Bay Land District, being a public reserve known as the Lighthouse and Signal-station Reserve, containing by admeasurement 14 acres, more or less: bounded to the north and east by Hawke Bay; to the south by Suburban Sections 69, 70, 71, 72, and 82, 3 160 links; to the west by Suburban Section 68, 535 links: as the same is delineated on the plan marked L and S 6/10/22D, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.