Whereas by section 20 of the Petone and Lower Hutt Gas-lighting Act 1922 the land described in the Schedule of that Act was vested in the Petone and Lower Hutt Gas-lighting Board (in this section referred to as the Board):
And whereas some time since it was agreed between the Petone Borough Council (in this section referred to as the Council) and the Board that certain other land adjoining the land vested in the Board by the said Act, and being the property of the Corporation of the Mayor, Councillors, and Burgesses of the Borough of Petone (in this section referred to as the Corporation), should be exchanged for part of the land so vested in the Board, but no memoranda of transfer have been executed in pursuance of the said agreement:
And whereas the Council has lately agreed to sell back to the Board the land agreed as aforesaid to be acquired on behalf of the Corporation:
And whereas the Board desires to acquire for its own purposes certain other land, the property of the Corporation:
And whereas parts of such last-mentioned land, and part of the land agreed to be exchanged by the Council in pursuance of the said agreement, are held by the Corporation for recreation purposes, but are not required and are unsuitable therefor:
And whereas certain parts of the land vested in the Board by the said Act have been laid out as public streets, and in fact form parts respectively of the public streets known as Udy Street and Bouverie Street, in the Borough of Petone:
And whereas the laying out of the part of the land so vested in the Board that forms part of Udy Street as aforesaid has severed another part of the land so vested in the Board, and the part so severed is contiguous to certain other land held by the Corporation for recreation purposes, and is of small value and useless to the Board, and the Board has agreed to transfer the part so severed to the Corporation:
And whereas it is expedient to authorise and validate the transactions hereinbefore mentioned, and to declare to be public street the land so laid out as aforesaid, and to declare that so long as the land described in subsection (7) remains vested in the Board the existing division of the last-mentioned land shall be deemed not to be a subdivision within the meaning of section 128 of the Public Works Act 1928:
And whereas the Council desires to lay out as part of Udy Street aforesaid certain other land, being part of another area held by the Corporation for recreation purposes, and it is expedient that such land should be so laid out:
And whereas the Council and the Board have caused to be prepared, and have lodged for deposit in the Land Registry Office at Wellington, under Number 12629, a plan (in this section referred to as the deposited plan) of the several pieces of land hereinbefore mentioned:
Be it therefore enacted as follows:
(3) The land described in paragraph (a) of subsection (1) shall, until the sale thereof to the Board is completed, be deemed to be the property of the Corporation, and at any time before the Board fulfils, observes, and performs all such terms of the contract of sale as are to be fulfilled, observed, or performed by the Board, the Board shall, if so requested by the Council, and at the Council's expense, execute and deliver to the Council a valid and registrable memorandum of transfer of that land to the Corporation.
(9) Upon the transfer to the Corporation of the said Lot 9, pursuant to the last preceding subsection, the said Lot 9 shall be held by the Corporation for recreation purposes:
provided that inasmuch as the said Lot 9 abuts upon certain land now used by the Corporation for recreation purposes, the said Lot 9 shall be capable of being dealt with and disposed of in all respects as if it had been acquired by the Corporation at the same time and in the same manner and together with the land upon which it abuts as aforesaid.
(10) Neither the Council nor the Board, nor any member or officer of the Council or of the Board, shall be liable to any action or penalty, whether at the suit of the Crown or any subject, in respect of any act or omission heretofore done or made, and which would have been lawful when done or made if this Act had then been in force.