Reserves and other Lands Disposal Act 1940

Reprint
as at 1 March 2002

Coat of Arms of New Zealand

Reserves and other Lands Disposal Act 1940

Public Act1940 No 13
Date of assent30 August 1940
Commencement30 August 1940

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by Land Information New Zealand.


Contents

Title

1 Short Title

2 Cancelling the reservation over certain education endowment land in Gisborne Land District, setting it apart as a reserve for water conservation purposes, and vesting it in the Corporation of the Borough of Opotiki

3 Vesting in Christchurch City Corporation certain land at Spreydon in trust for plantation purposes, creating pedestrian rights of way thereover and over certain other land owned by the Corporation, and provisions incidental thereto

4 Cancelling the reservation over an education endowment in the Town of Pongaroa, setting it apart as a reserve for plantation purposes, and vesting it in the Corporation of the County of Akitio

5 Closing roads in the District of Suburban South, Nelson Deeds Registration District, incorporating them in certificate of title, Vol 28, folio 296, Nelson Registry, and validating the said certificate of title

6 Vesting Block III, Town of Opunake, in His Majesty as an addition to the Opunake Domain

7 Authorising Dunedin City Council to transfer portion of the original bed of the Water of Leith

8 Cancelling the reservation for scenic purposes over Reserve 3724, Block IX, Opihi Survey District, and setting the land apart as a recreation reserve

9 Adding land to the Hamilton Domain

10 Adding land to the Wyndham Recreation Reserve

11 Cancelling reservation as a redoubt site over Allotment 107, Township of Harapepe

12 Validating an agreement between the Wellington City Council, the State Advances Corporation of New Zealand, and the Minister of Public Works in respect of certain land

13 Cancelling the reservation over certain education endowment land in Southland Land District and setting it apart as a reserve for camping purposes

14 Authorising inclusion of additional clause in certain leases over Sections 25, 26, and 27, Block XV, Kurow Survey District

15 Authorising Bank of New Zealand to pay to Pohara Domain Board balance of certain liquidation account

16 Conferring powers on Public Trust in respect of lands vested in it under the Auckland Education Reserves Act 1912

17 Special provision with respect to rental payable under licence to occupy portion of the Lake Okataina Scenic Reserves [Repealed]

18 Validating leases entered into between His Majesty the King and the Paeroa Borough Council in respect of the Ngahina Wharf, and authorising the leasing of the wharf for further terms [Repealed]

19 Cancelling the reservation over the Pukekaroro Domain and declaring the land to be a scenic reserve

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

21 Authorising the cancellation of a forfeiture of special tenure lease of certain land in the Hawke's Bay Land District

22 Revoking reservations over certain education endowment lands and declaring them to be subject to the Scenery Preservation Act 1908

23 Authorising leasing of portion of the Pukeroa Reserve, Rotorua, to the Waikato Hospital Board

24 Cancelling the reservation over and reconstituting the Waiho Gorge Domain, and reserving certain land for aerodrome purposes

25 Special provisions with respect to lands exempted from the provisions of sections 144 to 152 of the Mining Act 1926

26 Cancelling the reservation over certain education endowment lands and declaring them to be subject to Part 1 of the Housing Act 1919

27 Authorising the granting of a lease to W H H Roche under the provisions of the Public Bodies' Leases Act 1908

28 Abolishing Wanganui River Trust and Board, and provisions incidental thereto [Repealed]

Schedule
Lands to which section 22 relates


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

1 Short Title
  • This Act may be cited as the Reserves and other Lands Disposal Act 1940.

2 Cancelling the reservation over certain education endowment land in Gisborne Land District, setting it apart as a reserve for water conservation purposes, and vesting it in the Corporation of the Borough of Opotiki
  • Whereas the land hereinafter described is reserved as an endowment for primary education:

    And whereas the land is required as an addition to the water conservation areas vested in and owned by the Corporation of the Borough of Opotiki (hereinafter called the Corporation), and it is desirable that the said land should be set apart for water conservation purposes and vested in the Corporation:

    Be it therefore enacted as follows:

    (1) The reservation as an endowment for primary education over the land hereinafter described is hereby cancelled, and the said land is hereby set apart as a reserve for water conservation purposes and vested in the Corporation in trust for such purposes.

    (2) The land to which this section relates is particularly described as follows:

    All that area in the Gisborne Land District, containing by admeasurement 62 acres 2 roods 18 perches, more or less, being Section 4, Block VIII, Opotiki Survey District (formerly known as Part Section 3 of the said Block VIII), being part of the land comprised in certificate of title, Volume 69, folio 228, Gisborne Registry, and bounded as follows: On the north generally by Part Section 3, Block VIII, Opotiki Survey District; on the east by Section 2, Block XIII, Waiawa Survey District; and on the south generally by Section 12, Block XIII, Waiawa Survey District; and by Lot 1, DP 15744 AK, being part Allotment 341, Waioeka Parish: as the same is more particularly delineated on the plan marked L and S 6/1/649, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red (Gisborne plan 4078, blue).

3 Vesting in Christchurch City Corporation certain land at Spreydon in trust for plantation purposes, creating pedestrian rights of way thereover and over certain other land owned by the Corporation, and provisions incidental thereto
  • Whereas the land described in subsection (6) is vested in His Majesty the King for the purposes of the Housing Act 1919 and forms part of the Housing Subdivision in the City of Christchurch known as the Wychbury Block, which said block is described in subsection (8):

    And whereas the land described in subsection (7) is vested in the Corporation of the City of Christchurch (hereinafter called the Corporation) for the purpose of a plantation reserve:

    And whereas the areas described in subsections (6) and (7) together form a connecting strip of land 40 feet in width between Lyttelton Street and Winsor Crescent, the latter being a new street in the Wychbury Block aforesaid:

    And whereas it is desired that the land described in subsection (6) should be removed from the operation of the Housing Act 1919, and that it should be vested in the Corporation in trust as a plantation reserve:

    And whereas it is also desired that rights of pedestrian access over the land described in subsection (6) should be reserved to the Crown and the Crown's tenants in the Wychbury Block, that similar rights should be created over the land described in subsection (7), and that certain rights and powers in respect of control and maintenance should be granted to the Corporation:

    Be it therefore enacted as follows:

    (1) The land described in subsection (6) is hereby declared to be no longer set apart for the purposes of the Housing Act 1919 and is hereby vested in the Corporation in trust as a plantation reserve.

    (2) There are hereby created free and full rights of way and passage at all times, but on foot only, over the lands described in subsections (6) and (7) in favour of His Majesty the King as owner of the land described in subsection (8), and his tenants, servants, employees, and licensees and his successors in title.

    (3) An access pathway between Lyttelton Street and Winsor Crescent shall be laid out by the Corporation over the lands described in subsections (6) and (7) for the purpose of providing access and passage at all times to the inhabitants of the City of Christchurch and the general public, and such access pathway shall be used only by foot passengers and shall be constructed and maintained in such a manner as shall be suitable for that purpose.

    (4) The Corporation may expend moneys from time to time and at all times out of its funds in the improvement, maintenance, repair, and upkeep of the said access pathway.

    (5) The District Land Registrar for the Land Registration District of Canterbury is hereby empowered and directed to make such entries in the register books, and generally to do all things necessary to give effect to the provisions of this section.

    (6) The land vested in the Corporation in trust as a plantation reserve under the provisions of subsection (1) is particularly described as follows:

    All that area in the Canterbury Land District, containing by admeasurement nineteen and two-tenths perches, more or less, and being Part Lot 1, Deposit Plan 10970, and Part Lot 13, Deposit Plan 1944, Part Rural Section 76, situated in the City of Christchurch, and bounded as follows: Towards the north-east by Winsor Crescent, 60.61 links; towards the south-east by other part of Lot 1, Deposit Plan 10970, and other part of Lot 13, Deposit Plan 1944, 197.9 links; towards the south-west by Lot 1, Deposit Plan 11126, 60.61 links; and towards the north-west by other part of Lot 13, Deposit Plan 1944, 197.9 links: as the same is more particularly delineated on the plan marked L and S 30/228/3, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

    (7) The land already vested in the Corporation for the purpose of a plantation reserve as hereinbefore referred to is particularly described as follows:

    All that area in the Canterbury Land District, containing by admeasurement thirty-nine and one-tenth perches, more or less, and being Lot 1, Deposit Plan 11126, Part Rural Section 76, situated in the City of Christchurch, and bounded as follows: Towards the north-east by Part Lot 13, Deposit Plan 1944 (being portion of the land described in the last preceding subsection), 60.61 links; towards the south-east by part of Lot 15, Deposit Plan 1944, 403.41 links; towards the south-west by Lyttelton Street, 60.61 links; and towards the north-west by part of Lot 15, Deposit Plan 1944, 403.41 links: as the same is more particularly delineated on the plan marked L and S 30/228/3A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered green.

    (8) The housing subdivision known as the Wychbury Block is particularly described as follows:

    All that area in the Canterbury Land District, containing by admeasurement 13 acres 1 rood thirty-six and five-tenths perches, and being Part Lots 12, 13, 18, 19, 20, 21, and 22, DP 1944; Lot 6, DP 5318; Lot 1, DP 6688; Part Lot 15, DP 7388; Lot 4, DP 8569; and Part Lot 1, DP 10970, all being Part Rural Section 76 situated in the City of Christchurch: as the same is more particularly delineated on the plan marked L and S 30/228/3B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered yellow.

4 Cancelling the reservation over an education endowment in the Town of Pongaroa, setting it apart as a reserve for plantation purposes, and vesting it in the Corporation of the County of Akitio
  • Whereas the land hereinafter described is reserved as an endowment for primary education:

    And whereas the said land is required for plantation purposes, and it is desirable that it should be set apart for those purposes and vested in the Corporation of the County of Akitio:

    Be it therefore enacted as follows:

    (1) The reservation as an endowment for primary education over the land hereinafter described is hereby cancelled and the said land is hereby set apart as a reserve for plantation purposes and vested in the Corporation of the County of Akitio in trust for such purposes.

    (2) The land to which this section relates is particularly described as follows:

    All that area in the Wellington Land District, containing by admeasurement 2 roods, more or less, being Section 4, Block V, Township of Pongaroa, and being all the land comprised in certificate of title, Volume 121, folio 276, Wellington Registry.

5 Closing roads in the District of Suburban South, Nelson Deeds Registration District, incorporating them in certificate of title, Vol 28, folio 296, Nelson Registry, and validating the said certificate of title
  • Whereas Crown grants were issued for Sections V, Part VI, 10, 28, and 29, in the District of Suburban South, Nelson Deeds Registration District, between the year 1852 and the year 1862:

    And whereas the Crown grants issued for the said sections showed certain roads partly adjoining and partly intersecting the said sections:

    And whereas in the year 1906 a plan was prepared for the purpose of closing portions of the aforesaid roads:

    And whereas the closing action, although consented to by all the interested parties at the time, was not completed, but the portions of road marked to be closed on the aforesaid plan were included within the area of certain land for which a certificate of title was issued by the District Land Registrar:

    And whereas doubts have arisen as to the validity of the inclusion of such roads in the certificate of title issued as aforesaid, and it is expedient that such doubts should be removed:

    Be it therefore enacted as follows:

    (1) The portions of road hereinafter described are hereby declared to be closed, to be incorporated in certificate of title, Volume 28, folio 296, Nelson Registry, and to have been vested in the respective registered proprietors shown on the said certificate of title as from 16 July 1906, being the date of the issue thereof.

    (2) The portions of road closed as aforesaid are hereby designated as Sections 90, 91, 92, 93, 94, and 95, in the District of Suburban South.

    (3) The District Land Registrar for the Land Registration District of Nelson is hereby empowered and directed to amend the description of the land contained in certificate of title, Volume 28, folio 296, by the addition of the said section numbers, and the said certificate of title when so amended shall be deemed to be valid in all respects as from the date of the issue thereof.

    (4) The portions of road closed and incorporated in certificate of title, Volume 28, folio 296, as aforesaid, and the section number now allocated to each such portion, are set out hereunder:

    Area of each portion of road closed Adjoining or passing throughSection number now allocated
    arp   
    2219 Section 10 and Part Section VI90
    0003 Part Section VI91
    0025 Sections 10 and 2892
    2233 Section 2893
    0308 Sections 28 and V94
    4009 Sections 28 and 2995

    Situated in the District of Suburban South, in Blocks IV and VIII, Waimea Survey District, Nelson Land District: As the same are delineated on the plan deposited in the office of the Chief Surveyor at Nelson, under number 9081, and thereon coloured green.

6 Vesting Block III, Town of Opunake, in His Majesty as an addition to the Opunake Domain
  • Whereas the land hereinafter described is harbour endowment land vested in the Mayor, Councillors, and Burgesses of the Borough of Opunake under the provisions of section 6 of the Opunake Harbour Act 1938:

    And whereas the said land is not required as a harbour endowment, and it is desirable that it should be added to the Opunake Domain in order that it may be used for recreation purposes:

    Be it therefore enacted as follows:

    (1) The land described in subsection (3) 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 Opunake Domain.

    (2) The District Land Registrar for the Land Registration District of Taranaki is hereby empowered and directed to make such entries in the appropriate registers as may be necessary to give full 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 2 acres 3 roods 13 perches, more or less, being Sections 1 to 11 (both inclusive), Block III, Town of Opunake.

7 Authorising Dunedin City Council to transfer portion of the original bed of the Water of Leith
  • Whereas the land hereinafter described forms portion of the original bed of the stream known as the Water of Leith, and has become vested in the Corporation of the City of Dunedin as the owner of the Town Belt adjoining:

    And whereas the said land has never been used and is not required as part of the Town Belt, but has for many years been in use and occupation as portion of a residential property in Edina Street in the City of Dunedin:

    And whereas it is desirable that the owner of the residential property aforesaid should be enabled to take title to the said land, but there is no authority enabling the Corporation to execute a transfer of the land:

    Be it therefore enacted as follows:

    (1) The District Land Registrar for the Land Registration District of Otago is hereby empowered, on the production of such plan and other evidence as he may require, to issue a certificate of title for the land hereinafter described in favour of the Mayor, Councillors, and Citizens of the City of Dunedin.

    (2) Notwithstanding anything to the contrary in any Act or rule of law, the Corporation of the City of Dunedin is hereby empowered to transfer, with or without consideration as it thinks fit, the said land to the adjoining owner, Jane Smith Hopkins, or her successor in title, freed and discharged from any trusts, reservations, and restrictions affecting the same, and the District Land Registrar is hereby empowered to accept and register such transfer.

    (3) The land to which this section relates is particularly described as follows:

    All that area in the Otago Land District situated in Block XXXII, Town of Dunedin, containing by admeasurement five and fifty-five hundredths perches, more or less, being part of the original bed of the stream known as the Water of Leith, and bounded as follows: Commencing at a point on the northern boundary of Edina Street in the said town and proceeding thence in a south-easterly direction along the northern boundary of the said street by a line bearing 111º39′42″, 11.3 links; thence in a northerly direction by lines bearing 64º20′, 32.9 links, 41º55′, 22.3 links, 30º03′, 34 links, 25º12′, 11.9 links, 7º19′, 9.8 links, 1º57′, 14.9 links; thence in a north-westerly direction by a line bearing 291º39′42″, 17.8 links; thence in a south-westerly direction by lines bearing 216°20′30″, 86.42 links, and 201°39′42″, 30.7 links to the point of commencement: be all the aforesaid linkages a little more or less: As the same is delineated on the plan marked L and S 22/747/174, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

8 Cancelling the reservation for scenic purposes over Reserve 3724, Block IX, Opihi Survey District, and setting the land apart as a recreation reserve
  • Whereas the land hereinafter described was by Proclamation published in the Gazette of 22 June 1905 taken for the purposes of scenery preservation under the Public Works Act 1894, and the Scenery Preservation Act 1903, and is now subject to the provisions of the Scenery Preservation Act 1908:

    And whereas it is desirable that the said land should be set apart as a recreation reserve in order that it may be added to a public domain which is being provided in the locality out of land donated to the Crown for that purpose:

    Be it therefore enacted as follows:

    (1) The reservation for scenic purposes over the land hereinafter described is hereby revoked, and the said land is hereby declared to be a recreation reserve under and subject to the provisions of the Public Reserves, Domains, and National Parks Act 1928.

    (2) The land to which this section relates is particularly described as follows:

    All that area in the Canterbury Land District, containing by admeasurement 62 acres and 35 perches, more or less, and being Reserve 3724, situated in Block IX, Opihi Survey District, and bounded as follows: Towards the north generally by Part Rural Section 7554, 334.5 links, 455.4 links, 464.0 links, 575.6 links, 673.2 links, 732.2 links, 770.6 links, 412.4 links, 419.4 links, 470.7 links, 696.0 links, 332.4 links, 549.4 links, 375.3 links, and 481.3 links; towards the north-east by the abutment of a road, 52.2 links; towards the south-east generally by Part Rural Section 7 554, 501.2 links, 368.9 links, 545.0 links, 355.2 links, 664.4 links, and 3 467.0 links; and towards the south-west by Part Rural Section 7554, 1 575.8 links; as the same is more particularly delineated on the plan marked L and S 1/1088, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

9 Adding land to the Hamilton Domain
  • Whereas it is desirable that the Crown land hereinafter described should be added to the Hamilton Domain and brought under the provisions of section 2 of the Hamilton Domains Act 1911:

    And whereas there is no statutory authority enabling the said land to be brought under the provisions of the said section 2, and it is desirable to provide accordingly:

    Be it therefore enacted as follows:

    (1) The land hereinafter described is hereby declared to form part of the Hamilton Domain subject to Part 2 of the Public Reserves, Domains, and National Parks Act 1928 and shall be administered by the Hamilton Domain Board under the provisions of that Act and subject to section 2 of the Hamilton Domains Act 1911.

    (2) Schedule 1 of the Hamilton Domains Act 1911 is hereby extended by incorporating therein a reference to the land hereinafter described.

    (3) The land to which this section relates is particularly described as follows:

    All that area in the Borough of Hamilton, containing by admeasurement 33 perches and sixty-three one-hundredths of a perch, more or less, being Lots 2 and 3 on plan numbered 27803, deposited in the office of the District Land Registrar, at Auckland, being parts of Allotments 11 and 11A, Hamilton West Town Belt.

10 Adding land to the Wyndham Recreation Reserve
  • Whereas the land hereinafter described is Crown land, and adjoins the Wyndham Recreation Reserve:

    And whereas it is desirable that the said land should be added to the said reserve and vested in the Wyndham Town Board, subject to the provisions of the Wyndham Recreation Reserve Act 1877:

    Be it therefore enacted as follows:

    (1) The land hereinafter described is hereby declared to form part of the Wyndham Recreation Reserve and to be vested in the Wyndham Town Board, subject to the provisions of the Wyndham Recreation Reserve Act 1877, and all the provisions of that Act shall apply to such land as if it had been included in the Schedule thereto.

    (2) The land to which this section relates is particularly described as follows:

    All that area in the Southland Land District, containing by admeasurement 8 acres 2 roods 8 perches, more or less, being Sections 81 and 82, Block VI, Town of Wyndham: as the same is more particularly delineated on the plan marked L and S 1/363, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

11 Cancelling reservation as a redoubt site over Allotment 107, Township of Harapepe
  • Whereas by a Warrant published in the Gazette of 12 August 1868, Allotment 107, Township of Harapepe, Auckland Land District, containing an area of 10 acres, was reserved as a site for a redoubt:

    And whereas it has been ascertained that the whole of the said reserve is comprised within the boundaries of Allotments 160 and 160A, Parish of Pirongia, and Allotment 6, Village of Harapepe:

    And whereas a Crown grant dated 16 December 1871, and warrant certificates of title dated 18 July 1877, and 1 December 1910, respectively, were issued for the said Allotments 160 and 160A, Parish of Pirongia, and the said Allotment 6, Village of Harapepe:

    And whereas for the purpose of validating the said Crown grant and warrant certificates of title it is expedient that the reservation of the said Allotment 107, Township of Harapepe, should be cancelled as from 15 December 1871:

    Be it therefore enacted as follows:

    The reservation of Allotment 107, Township of Harapepe, as a site for a redoubt is hereby cancelled as from 15 December 1871.

12 Validating an agreement between the Wellington City Council, the State Advances Corporation of New Zealand, and the Minister of Public Works in respect of certain land
  • Whereas certain land situated off Wilton Road, in the City of Wellington, and comprising approximately 21 acres, is vested in the Mayor, Councillors, and Citizens of the City of Wellington for the purpose of workers' dwellings:

    And whereas the Wellington City Council, the State Advances Corporation of New Zealand, and the Minister of Public Works have agreed that the said land shall be acquired, subject to certain conditions, for housing purposes pursuant to the provisions of the Public Works Act 1928 and section 32 of the Statutes Amendment Act 1936:

    And whereas an agreement, a copy of which is deposited in the office of the Minister of Public Works under No A 339, has been made between the aforesaid parties:

    And whereas it is desirable that all doubts as to the powers of the said parties to enter into the agreement be removed:

    Be it therefore enacted as follows:

    The said agreement is hereby declared to be valid and binding in all respects, and shall have full force and effect according to the tenor thereof, and the parties thereto shall be deemed to have been duly empowered to enter into and execute the same, and to have had full power to do all things necessary to give full force and effect to the said agreement.

13 Cancelling the reservation over certain education endowment land in Southland Land District and setting it apart as a reserve for camping purposes
  • Whereas the land hereinafter described forms portion of a large area reserved as an endowment for primary education:

    And whereas a motor camping ground is being established on the said land, and it is desirable that it should be set apart as a reserve for camping purposes:

    Be it therefore enacted as follows:

    (1) The reservation for primary education endowment purposes over the land hereinafter described is hereby cancelled, and the said land is hereby set apart as a reserve for camping purposes under and subject to the provisions of the Public Reserves, Domains, and National Parks Act 1928.

    (2) The land to which this section relates is particularly described as follows:

    All that area in the Southland Land District, containing by admeasurement 52 acres 3 roods 6 perches, more or less, being Section 2 (Part Run 301B), Block I, Manapouri Survey District: as the same is more particularly delineated on the plan marked L and S 8/10/113, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

14 Authorising inclusion of additional clause in certain leases over Sections 25, 26, and 27, Block XV, Kurow Survey District
  • Whereas the land described in paragraph (a) of subsection (2) is vested in His Majesty, but is subject to a renewable lease dated 14 September 1938, issued under the provisions of Part 3 of the Land Act 1924, and such lease is now held by Frank Newton, of Kurow, farmer:

    And whereas the lands described in paragraph (b) of subsection (2) are vested in His Majesty, but are subject to renewable leases dated 13 July 1938, issued under the provisions of Part 3 of the Land Act 1924, and such leases are now held by George Gardner Wilson, of Kurow, farmer:

    And whereas the Minister of Public Works has erected over or along the land comprised in the said leases electric lines for the transmission of electrical energy from the Waitaki Power Scheme:

    And whereas the said Minister proposes at some future date to erect further electric lines over or across the land comprised in the said leases, and it is desirable that the route of such further electric lines should be kept clear of buildings:

    And whereas for certain considerations the said lessees have agreed with the said Minister that any further buildings which they may desire to construct on the land comprised in their leases will be erected only on sites to be approved by the said Minister, and have further agreed to the insertion in their leases of a clause making suitable provision in that behalf:

    Be it therefore enacted as follows:

    (1) The District Land Registrar for the Land Registration District of Otago is hereby empowered and directed—

    • (a) to insert in the leases over the lands hereinafter described the following clause:

      And the lessee hereby covenants that before erecting any building or part of a building on the land comprised in the within lease he shall obtain the consent in writing of the Minister of Public Works.

    • (b) to call up the duplicate copies of the said leases and to insert therein the said clause.

    (2) The lands to which this section relates are particularly described as follows:

    • (a) all that area in the Otago Land District, containing by admeasurement 6 acres 1 rood 19 perches, more or less, being Section 25, Block V, Kurow Survey District, and being all the land comprised in renewable lease number 272, registered in the District Land Registry at Dunedin under Volume 290, folio 37:

    • (b) all that area in the Otago Land District, containing by admeasurement 5 acres 3 roods 36 perches, more or less, being Section 26, Block V, Kurow Survey District, and being all the land comprised in renewable lease number 271, registered in the District Land Registry at Dunedin under Volume 290, folio 40.

      Also all that area in the Otago Land District, containing by admeasurement 10 acres and 16 perches, more or less, being Section 27, Block V, Kurow Survey District, and being all the land comprised in renewable lease number 270, registered in the District Land Registry at Dunedin under Volume 290, folio 39.

15 Authorising Bank of New Zealand to pay to Pohara Domain Board balance of certain liquidation account
  • Whereas pursuant to a special resolution passed on 28 January 1920 the Golden Bay Bacon, Pork, and Poultry Curing and Freezing Company, Limited, went into voluntary liquidation, and Arthur Whelan, of Takaka, sawmiller (hereinafter called the liquidator), was appointed liquidator:

    And whereas the liquidator paid dividends to shareholders totalling 5 shillings and 7 pence in the pound, but died on 19 January 1939, without having completed his appointment as liquidator and without having disbursed to shareholders the balance of the funds of the company held on his behalf in the Bank of New Zealand amounting to 136 pounds 11 shillings and 11 pence:

    And whereas the expenses in connection with the appointment of a new liquidator would be considerable, and it is the desire of the shareholders that the said sum should be paid to the Pohara Domain Board:

    Be it therefore enacted as follows:

    The Bank of New Zealand is hereby authorised and directed to pay to the Pohara Domain Board the said sum of 136 pounds 11 shillings and 11 pence now standing to the credit of the Golden Bay Bacon, Pork, and Poultry Curing and Freezing Company, Limited (in liquidation), to be applied by the Board in accordance with the provisions of Part 2 of the Public Reserves, Domains, and National Parks Act 1928.

16 Conferring powers on Public Trust in respect of lands vested in it under the Auckland Education Reserves Act 1912
  • Whereas the land described in Schedule 1 of the Auckland Education Reserves Act 1912 (hereinafter called the said land), is vested in the Public Trustee by virtue of section 2 of that Act as a reserve for education purposes:

    And whereas the said land is leased to various lessees, and all the leases (with the exception of the memorandum of lease referred to in section 5 of the said Act) expire during the year 1941:

    And whereas the said Act gives the Public Trustee certain limited powers of leasing in respect of the said land, but it is expedient, in order that the property should be effectively administered, that his powers of leasing should be extended and further powers in respect of the said land should be conferred:

    Be it therefore enacted as follows:

    (1) On the expiry by effluxion of time or on the determination in any other manner of any lease affecting any part of the said land Public Trust may resume possession of the land affected and may take such legal remedies as may be necessary in order to enable it to take and resume such possession.

    (2) In addition to its powers under the Auckland Education Reserves Act 1912 Public Trust may,—

    • (a) lease or let the whole or any part of the said land or any buildings or any part of such buildings now or hereafter erected on the said land at will or for such period or periods and subject to such terms and conditions (including the right to take fines, premiums, and foregifts, or any of them) as it thinks fit:

    • (b) accept, on such terms and conditions as it thinks fit, a surrender of any lease or tenancy granted under this section:

    • (c) at any time or times during the currency of a lease or tenancy granted under this section, reduce the rent payable thereunder, or compromise with the lessee or tenant for any rent due by him or in respect of the breach by him of any covenant in the lease or tenancy:

    • (d) repair, renovate, or reinstate the whole or any part of any building or erection now or hereafter erected on the said land:

    • (e) insure against risk of loss or damage by fire, earthquake, accident, or other contingency, any property of whatever kind administered by it under the Auckland Education Reserves Act 1912 or this section, or against any other risk of loss or damage to which it may be subject in connection with such administration:

    • (f) bring or defend any action or claim in respect of or affecting the said land or any premises now or hereafter erected thereon, or compromise or settle any such action or claim in such manner as it thinks fit:

    • (g) pay all costs and expenses involved in the exercise of any of the powers conferred by this subsection out of accumulated rentals paid in respect of leases or tenancies granted thereunder.

    (3) Notwithstanding the provisions of section 4 of the Auckland Education Reserves Act 1912, the Minister of Education shall in each year determine the amount to be disbursed in accordance with the provisions of that section, and the balance of the rents and profits of the said land, after allowing for such disbursement and for the payment of the costs and expenses authorised by the foregoing provisions of this section, shall be held by Public Trust as a reserve for rebuilding and improvements on the said land, or for contingencies, or for such other purposes connected with the administration of the property to which this section relates as the Minister of Education shall determine.

    (3A) Where Public Trust takes any fine, premium, or foregift under a lease entered into under subsection (2)(a), the amount of any such fine, premium, or foregift shall be deemed to have accrued and become payable on the day on which it is received by Public Trust, and no such amount shall be apportioned over the term of the lease.

    (3B) Notwithstanding anything in subsection (3), Public Trust may from time to time, if so authorised by the Minister of Education, pay over all or any part of the said reserve to the Council of the University of Auckland for any purpose specified in section 4 of the Auckland Education Reserves Act 1912; and all money so paid over by Public Trust shall be applied by the Council for the purpose so specified.

    (4) The said reserve shall be invested by Public Trust in any security in which a trustee may lawfully invest trust funds or in the common fund of Public Trust.

    (5) Public Trust may build or construct buildings or improvements on the said land, and for that purpose may expend moneys held by it in the said reserve:

    provided that no moneys shall be expended under this subsection without the authority in writing of the Minister of Education.

    Section 16 heading: amended, on 1 March 2002, pursuant to section 170(1) of the Public Trust Act 2001 (2001 No 100).

    Section 16(1): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

    Section 16(2): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

    Section 16(2)(a): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

    Section 16(2)(a): amended, on 24 May 1989, by section 3(1) of the Reserves and Other Lands Disposal Act 1989 (1989 No 16).

    Section 16(2)(b): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

    Section 16(2)(e): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

    Section 16(2)(f): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

    Section 16(3): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

    Section 16(3A): inserted, on 24 May 1989, by section 3(2) of the Reserves and Other Lands Disposal Act 1989 (1989 No 16).

    Section 16(3A): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

    Section 16(3B): inserted, on 24 May 1989, by section 3(2) of the Reserves and Other Lands Disposal Act 1989 (1989 No 16).

    Section 16(3B): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

    Section 16(4): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

    Section 16(5): amended, on 1 March 2002, by section 170(1) of the Public Trust Act 2001 (2001 No 100).

17 Special provision with respect to rental payable under licence to occupy portion of the Lake Okataina Scenic Reserves
  • [Repealed]

    Section 17: repealed (with effect on 27 January 1943), on 25 August 1943, by section 7(4) of the Reserves and other Lands Disposal Act 1943 (1943 No 14).

18 Validating leases entered into between His Majesty the King and the Paeroa Borough Council in respect of the Ngahina Wharf, and authorising the leasing of the wharf for further terms
  • [Repealed]

    Section 18: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).

19 Cancelling the reservation over the Pukekaroro Domain and declaring the land to be a scenic reserve
  • Whereas the land hereinafter described is a reserve subject to Part 2 of the Public Reserves, Domains, and National Parks Act 1928 and is known as the Pukekaroro Domain:

    And whereas the said land is unsuitable and has never been used for the purpose of public recreation:

    And whereas it is desirable that the said land should be reserved as a scenic reserve subject to the provisions of the Scenery Preservation Act 1908:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in the Public Reserves, Domains, and National Parks Act 1928, the reservation for the purpose of a public domain over the Pukekaroro Domain as hereinafter described is hereby cancelled, and the said land is hereby declared to be a scenic reserve subject to the provisions of the Scenery Preservation Act 1908.

    (2) The land to which this section relates is particularly described as follows:

    All that area in the North Auckland Land District, being Section S 79, Kaiwaka Parish (Block XIV, Waipu Survey District), and containing by admeasurement 73 acres and 32 perches, more or less: bounded towards the north-west by Sections NW 79, M 79, E 79, 4 493.4 links; towards the north-east by Section 80, 1 638.4 links; towards the south-east by Sections NE 76, S 76, and 113, 4 476.7 links; and towards the south-west by Section 78, 1 638.4 links, all of Kaiwaka Parish aforesaid: be all the aforesaid linkages more or less: As the same is delineated on the plan marked L 1324, deposited in the Head Office, Department of Lands, at Wellington, and thereon bordered red.

20 Cancelling the reservation over certain education endowment lands in Otago 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 particularly suitable for farming purposes, and it is therefore not expedient that they should be leased under the provisions of the Education Reserves Act 1928:

    And whereas for the consolidation and better management of the Blue Mountains State Forest adjoining the said lands it is desirable that the said lands should be brought under the provisions of the Forests Act 1921–22 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 1921–22.

    (2) The lands to which this section relates are particularly described as follows:

    All that area in the Otago Land District containing 278 acres 3 roods and 3 perches, more or less, being Section 1, Block V, and Section 1, Block VI, Rankleburn Survey District, and being all the land contained in certificate of title, Volume 177, folio 179, Otago Registry, and bounded as follows: Towards the north by Run 503, 2 371.8 links, and a public road, 4 455 links; towards the east by a public road and Sections 6 and 2, Block VI aforesaid, 4 050 links; towards the south by a public road, 3 378 links, and Allotment 11, DP 1958, 3 592 links; and towards the west by a public road and Section 2, Block V aforesaid, 2 126.7 links, across a public road; and again towards the west by said Section 2, 1 851 links; be all the aforesaid linkages more or less, and excepting out of the above-described area 2 public roads and 1 closed road, all 100 links wide, allowance for which has been made in the area: as the same is delineated on the plan marked L and S 4/33, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

21 Authorising the cancellation of a forfeiture of special tenure lease of certain land in the Hawke's Bay Land District
  • Whereas the Land Board of the Hawke's Bay Land District, by resolution dated 13 September 1928, forfeited the interest of Harold James Hyde in his lease of the land described in subsection (3) for failure to comply with the conditions of the said lease, and notice of such forfeiture was duly published in the Gazette of 18 April 1929:

    And whereas it is deemed expedient to cancel the said forfeiture:

    Be it therefore enacted as follows:

    (1) The Minister of Lands is hereby empowered by notice in the Gazette to cancel the forfeiture of the lease hereinbefore referred to, and thereupon the said lease and all mortgages and encumbrances (if any) affecting the same shall operate and be deemed to have continued to operate as if the lease had not been forfeited as aforesaid.

    (2) On presentation to him of a copy of the Gazette containing a notice under this section the District Land Registrar for the Hawke's Bay Land Registration District shall make such entries in the Register and on any outstanding instruments as are necessary to give effect to the provisions of this section.

    (3) The land to which this section relates is more particularly described as follows:

    All that area in the Hawke's Bay Land District containing 451 acres, more or less, being Section 3, Block III, Puketapu Survey District, and being part of the land comprised in Register Book HB Volume 40, folio 144, Hawke's Bay Land Registry.

22 Revoking reservations over certain education endowment lands and declaring them to be subject to the Scenery Preservation Act 1908
  • Whereas the lands described in the Schedule are vested in the Crown as endowments for primary education:

    And whereas the said lands carry native bush which should be preserved, and it is therefore desirable that they should be reserved as scenic reserves under and subject to the provisions of the Scenery Preservation Act 1908:

    Be it therefore enacted as follows:

    Notwithstanding anything to the contrary in any Act, the existing reservations over the lands described in the Schedule are hereby revoked, and the said lands are hereby declared to be scenic reserves under and subject to the provisions of the Scenery Preservation Act 1908.

23 Authorising leasing of portion of the Pukeroa Reserve, Rotorua, to the Waikato Hospital Board
  • Whereas the land known as the Pukeroa Domain at Rotorua is a public domain set apart for the public use and enjoyment of the inhabitants of Rotorua:

    And whereas the control of the said domain is vested in the Minister in Charge of Tourist and Health Resorts pursuant to the provisions of the Tourist and Health Resorts Control Act 1908:

    And whereas between the years 1914 and 1918 a military hospital was established on the said domain:

    And whereas it was intended at the time that the domain should eventually again become wholly available for recreation purposes:

    And whereas the hospital erected on the domain is now used as a general hospital, and is controlled by the Waikato Hospital Board:

    And whereas existing circumstances are such that the greater portion of the domain must continue to be used for hospital purposes for an indefinite time:

    And whereas there is no statutory authority for the continued use of the domain for hospital purposes:

    And whereas it has been arranged between the Crown and those concerned that the greater portion of the domain should be leased in perpetuity to the Waikato Hospital Board on special terms and conditions:

    Be it therefore enacted as follows:

    (1) Notwithstanding the provisions of any Act, the Governor-General may by Order in Council declare that such part of the Pukeroa Domain as is required for hospital purposes shall no longer be subject to the control of the Minister in Charge of Tourist and Health Resorts, and on the making of such order the Governor-General may lease the said part of the domain for a term of 999 years to the Waikato Hospital Board at a peppercorn rental and on such terms and conditions as he may think fit:

    provided that should at any time the land so leased be no longer required and used for hospital purposes, then the lease thereover shall immediately determine and the land revert to the Crown for use as a public domain freed from all rights, title, and interest therein on the part of the Waikato Hospital Board.

    (2) The District Land Registrar for the Land Registration District of Auckland is hereby empowered and directed, on the production of such plans and other particulars as he may require, to register any lease executed under the provisions of this section and submitted to him for registration.

24 Cancelling the reservation over and reconstituting the Waiho Gorge Domain, and reserving certain land for aerodrome purposes
  • Whereas an aerodrome has been established on portion of the Waiho Gorge Domain:

    And whereas it is desirable that the said portion, together with certain areas of adjoining Crown land, should be set apart as a reserve for aerodrome purposes:

    And whereas it is desirable that those portions of the domain not required for the aerodrome should continue to be used for recreation purposes, and that certain areas of adjoining Crown land should be made available for those purposes:

    And whereas it is expedient that special provision should be made accordingly:

    Be it therefore enacted as follows:

    (1) The reservation for the purposes of a public domain over the land described in subsection (4) (being the Waiho Gorge Domain) is hereby cancelled, and the appointment of the Waiho Gorge Domain Board is hereby revoked.

    (2) The land described in subsection (5) (being portions of the domain referred to in the last preceding subsection, together with certain areas of adjoining Crown land and closed road) is hereby declared to be a reserve for recreation purposes under and subject to the provisions of Part 2 of the Public Reserves, Domains, and National Parks Act 1928, and to be the Waiho Gorge Domain.

    (3) The land described in subsection (6) (being portion of the domain as referred to in subsection (1), together with certain areas of adjoining Crown land) is hereby declared to be a reserve for aerodrome purposes under and subject to the provisions of Part 1 of the Public Reserves, Domains, and National Parks Act 1928.

    (4) The land to which subsection (1) relates is particularly described as follows:

    All that area in the Westland Land District, containing by admeasurement 46 acres 2 roods, more or less, being Reserve 1015, Block XI, Waiho Survey District: as the same is delineated on the plan marked L and S 1/887, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

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

    All that area in the Westland Land District, containing by admeasurement 37 acres 1 rood and 33 perches, more or less, being Reserve 1015 (formerly part original Reserve 1015, Crown land, and closed road), situated in Block XI, Waiho Survey District: as the same is more particularly delineated on the plan marked L and S 1/887A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

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

    All that area in the Westland Land District, containing by admeasurement 36 acres 3 roods and 10 perches and eight-tenths of a perch, more or less, being Reserve 1804 (formerly part original Reserve 1015, and Crown land), situated in Block XI, Waiho Survey District: as the same is more particularly delineated on the plan marked L and S 1/887B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

25 Special provisions with respect to lands exempted from the provisions of sections 144 to 152 of the Mining Act 1926
  • Notwithstanding anything to the contrary in the Mining Act 1926, or in any other Act, in all cases where Crown land has been exempted from the provisions of sections 144 to 152 of the Mining Act 1926, and where portions of land which has been so exempted are held under residence site or business site licences issued under the provisions of the Mining Act 1926, or any former Mining Act, the following provisions shall apply:

    • (a) whenever the Land Board of the district in which the land is situated is satisfied either that the licensee of any land to which the licence relates is not using the land for the purposes specified in the licence, or that the land to which the licence relates comprises an area larger than that actually required to meet the reasonable requirements of a residence or business site, as the case may be, the Board may, with the consent of the Minister of Lands, by resolution declare the licence to be forfeited either as to the whole or part of the land comprised in such licence, and for the purposes of such forfeiture the provisions of sections 57 to 63 of the Land Act 1924, shall, with the necessary modifications, apply:

    • (b) the production of a copy of the Gazette containing a notice, purporting to be signed by the Minister of Lands, of the total or partial forfeiture of any such licence as aforesaid shall be conclusive evidence that such licence has been lawfully forfeited according to the terms of the notice:

    • (c) in every case of the total or partial forfeiture of any licence under this section, the Commissioner of Crown Lands of the district concerned shall send to the Mining Registrar a notice of such forfeiture, which shall be sufficient authority for the said Registrar to enter upon the register and other records in his office a note of the said forfeiture, and he shall make such entry accordingly:

    • (d) in any case of total or partial forfeiture of a licence under this section, or in any case where the licensee surrenders his licence, either wholly or partially, the Land Board, with the consent of the Minister of Lands, may, on application, grant to the former licensee a lease or licence of the whole or any portion of the land formerly held by him under the licence. Such lease or licence may be granted without competition under any of the provisions of the Land Act 1924, and subject to such special conditions as the Land Board with the consent of the Minister of Lands may impose.

26 Cancelling the reservation over certain education endowment lands and declaring them to be subject to Part 1 of the Housing Act 1919
  • Whereas the lands hereinafter described are reserved as endowments for primary education:

    And whereas it is desirable that the reservation over the said lands should be cancelled and the lands set apart for housing purposes subject to the provisions of Part 1 of the Housing Act 1919:

    Be it therefore enacted as follows:

    (1) The reservations as endowments for primary education over the lands hereinafter described are hereby cancelled, and the said lands are hereby set apart for housing purposes subject to the provisions of Part 1 of the Housing Act 1919.

    (2) The lands to which this section relates are particularly described as follows:

    Firstly, all that area in the North Auckland Land District, containing 2 acres 2 roods 33 perches and seven-tenths of a perch, more or less, being Lots 14 to 23 on Deposited Plan Number 24664, being portion of Allotments 209, 210, 211, 237, and 244 of Section 16 of the Suburbs of Auckland, and being part of the land comprised in certificate of title, Volume 646, folio 209, Auckland Registry.

    Secondly, all that area in the North Auckland Land District containing by admeasurement 3 roods 15 perches and six-tenths of a perch, more or less, being Lots 1, 2, and 3 on Deposited Plan Number 26920, being subdivision of Allotments 1, 2, 3, and 4 of Section 10, Village of Papakura, and being part of the land comprised in certificate of title, Volume 5, folio 136, Auckland Registry.

    Thirdly, all that area in the Gisborne Land District containing 7 acres 3 roods 2 perches, more or less, being Section 212, Gisborne Suburban, situated in the Borough of Gisborne, and being the whole of the land comprised in certificate of title, Volume 46, folio 174, Gisborne Registry.

    Fourthly, all that area in the Wellington Land District, containing 1 rood, more or less, being Section 13, Block XIV, Town of Levin, and being part of the land comprised in certificate of title, Volume 242, folio 172, Wellington Registry.

    Fifthly, all that area in the Wellington Land District, containing 1 rood, more or less, being Section 2, Block III, Town of Levin, and being part of the land comprised in certificate of title, Volume 268, folio 129, Wellington Registry.

    Sixthly, all that area in the Wellington Land District, containing 1 rood, more or less, being Section 2, Block VI, Town of Levin, and being part of the land comprised in certificate of title, Volume 268, folio 130, Wellington Registry.

    Seventhly, all that area in the Wellington Land District, containing 28 acres and 8 perches, more or less, being Suburban Sections 1022, 1024, 1026, 1028, 1030, and 1032, Township of Palmerston, and being the balance of the land comprised in certificate of title, Volume 10, folio 141, Wellington Registry.

    Eighthly, all that area in the Wellington Land District, containing 1 acre 1 rood 20 perches, more or less, being Section 74, Town of Foxton, and being part of the land comprised in certificate of title, Volume 6, folio 64, Wellington Registry.

27 Authorising the granting of a lease to W H H Roche under the provisions of the Public Bodies' Leases Act 1908
  • Whereas the land hereinafter described was held on lease by William Heinrich Hansen Roche, of Westport, storekeeper, for a term of 42 years from 1 January 1895, subject to the provisions of the Westland and Nelson Coalfields Administration Act 1877:

    And whereas provision is made in the Westland and Nelson Coalfields Administration Amendment Act 1926 whereby the lessee of any land situated within the Westport Colliery Reserve may apply to the Land Board of the Nelson Land District for authority to surrender his lease and for the grant in lieu thereof of a new lease for the unexpired term of the surrendered lease in accordance with the provisions of paragraph (g) of section 5 of the Public Bodies' Leases Act 1908:

    And whereas the said William Heinrich Hansen Roche failed through inadvertence to exercise his rights under the Westland and Nelson Coalfields Administration Amendment Act 1926 within the prescribed time:

    And whereas it is desirable that the said William Heinrich Hansen Roche should be granted a new lease of the said land:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in section 2 or section 3 of the Westland and Nelson Coalfields Administration Amendment Act 1926 the Land Board of the Nelson Land District may grant to William Heinrich Hansen Roche, of Westport, storekeeper, a new lease of the land hereinafter described in accordance with the provisions of paragraph (g) of section 5 of the Public Bodies' Leases Act 1908, the term of the said lease to date from 1 January 1937. The said lease shall be deemed to have been granted in pursuance of the powers conferred by sections 2 and 3 of the Westland and Nelson Coalfields Administration Amendment Act 1926 as fully and effectually as if the provisions of those sections had been specifically complied with, and the provisions of the last-mentioned Act shall, in so far as the same are applicable, apply to the said lease.

    (2) The land to which this section relates is particularly described as follows:

    All that area in the Nelson Land District, containing 16 perches and thirty-six one-hundredths of a perch, more or less, being Section 139, Westport Colliery Reserve.

28 Abolishing Wanganui River Trust and Board, and provisions incidental thereto
  • [Repealed]

    Section 28: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991 No 69).


Schedule
Lands to which section 22 relates

Auckland Land District

ALL that area in Raglan County, containing by admeasurement 25 acres, more or less, being Allotment 343, Parish of Pirongia, and being all the land comprised in certificate of title, Volume 61, folio 8, Auckland Registry.

Also all that area in Raglan County, containing by admeasurement 25 acres, more or less, being Allotment 342, Parish of Pirongia, and being all the land comprised in certificate of title, Volume 61, folio 9, Auckland Registry.

Hawke's Bay Land District

All that area in Weber County, containing by admeasurement 12 acres, more or less, being part of Section 8 (ER), Block XVI, Weber Survey District, and being part of the land comprised in certificate of title, Volume 84, folio 75, Hawke's Bay Registry. Bounded commencing at a point on the north-eastern corner of Section 12, Block XVI, Weber Survey District, thence towards the north-west by Section 11, Block XVI, Weber Survey District, bearing 34°11′, distance 824.2 links, to the right bank of the Waihi Stream; thence towards the north generally by the right bank of the said stream to its intersection with a produced roadside bearing 209°34′; thence by the said produced roadside bearing 29°34′, distance approximately 100 links, to the left bank of the said stream; thence towards the east generally by the left bank of the said stream to its intersection with the northern boundary produced of the aforesaid Section 12; thence towards the south-west by the crossing of the said stream and by other part of the aforesaid Section 8, bearing 287°17′, distance 875.9 links, to the point of commencement: be all the aforesaid measurements a little more or less: As the same is more particularly delineated on the plan marked L and S 726A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Reserves and other Lands Disposal Act 1940. The reprint incorporates all the amendments to the Act as at 1 March 2002, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Public Trust Act 2001 (2001 No 100): section 170(1)

    Resource Management Act 1991 (1991 No 69): section 362

    Reserves and Other Lands Disposal Act 1989 (1989 No 16): section 3

    Reserves and other Lands Disposal Act 1943 (1943 No 14): section 7(4)