Reserves and other Lands Disposal Act 1944

Reprint
as at 27 November 1947

Coat of Arms of New Zealand

Reserves and other Lands Disposal Act 1944

Public Act1944 No 22
Date of assent5 December 1944
Commencement5 December 1944

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 Authorising the sale of railway land to the Auckland Electric-power Board

3 Closing foreshore roads, Whangaruru Harbour, and vesting the same in the Whangarei Harbour Board

4 Closing a road and declaring certain land in Block IV, Waikohu Survey District, Gisborne Land District, to be Crown land

5 Cancelling the reservation as an endowment for primary education over certain land in Wellington Land District and adding the said land to the Carnival Park Domain

6 Cancelling the reservation as an endowment for primary education over certain land in the Town of Featherston and declaring the land to be subject to Part 1 of the Housing Act 1919

7 Vesting certain land at Tapawera, Nelson Land District, in His Majesty as a public domain

8 Cancelling the reservation as an endowment for primary education over certain land in the Canterbury Land District, setting it apart as a reserve for plantation purposes, and vesting it in the Corporation of the County of Ashburton

9 Authorising the Geraldine Borough Council to sell certain land

10 Authorising the Timaru Borough Council to sell certain land

11 Cancelling the reservation over the Piha Domain and vesting the land in the Auckland Centennial Memorial Park Board

12 Vesting the control of certain land in the Christchurch Domain Board

13 Vesting in His Majesty the land occupied by the abandoned Whau Whau Branch Railway, North Auckland Land District

14 Recreation reserve land in Rotorua Borough declared subject to the Public Reserves, Domains, and National Parks Act 1928

15 Authorising closing of portion of unformed road at Lake Rotoma and its leasing to the Boy Scouts Association

16 Authorising the Waihi Borough Council to acquire certain land at Waihi Beach, and making special provision with respect to such land

17 Cancelling the reservation over Section 3, Town of Bulwer, Nelson Land District, and authorising the sale of the land

18 Vesting certain land in Greymouth Harbour Board for harbour and dock purposes

19 Vesting portions of the Tapanui commonage and an agricultural and pastoral reserve at Tapanui in His Majesty the King as a public domain

20 Vesting portion of the Tapanui commonage in the Otago Hospital Board

21 Authorising revocation of reservation over portion of Kaipupu Scenic Reserve, Marlborough Land District

22 Authorising Wellington City Council to let portions of Newtown Library building


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 1944.

2 Authorising the sale of railway land to the Auckland Electric-power Board
  • Whereas the land hereinafter described is part of the old railway workshops site at Newmarket and is vested in His Majesty the King subject to certain leasehold and other interests:

    And whereas the purchase by the Crown of the King's Wharf electric-power station has made it necessary for the Auckland Electric-power Board (hereinafter referred to as the Board) to acquire a new site for a distribution centre, and the said land is the best site available for that purpose:

    And whereas the said land is no longer required for railway purposes:

    And whereas it is desirable to transfer the said land to the Board for the purpose of establishing a distribution centre:

    And whereas there is no authority enabling the said land to be transferred subject to existing leases and other interests affecting the same, and it is desirable to make suitable provision in that behalf:

    Be it therefore enacted as follows:

    (1) In consideration of the payment by the Board of the sum of 16,651 pounds to the Minister of Railways the Minister is, notwithstanding anything to the contrary in any Act, hereby empowered to transfer the said land to the Board. The Board is hereby likewise empowered to accept the said land and in consideration therefor to pay the aforesaid sum to the Minister.

    (2) The said land shall continue to be subject to all existing leases and other interests, whether registered or unregistered, affecting the same at the date of transfer. References to His Majesty the King, to the Minister of Railways, to any nominated officer of the Railways Department, or to servants or workmen employed by the Railways Department in any document granting any such lease or other interest shall hereafter, so far as the circumstances may require, be read as references to the Board or to its officers, servants, or workmen.

    (3) Nothing in this section shall limit or prejudicially affect the rights of the lessee or grantee, as the case may be, under any such lease or other interest.

    (4) The District Land Registrar for the Land Registration District of Auckland is hereby empowered and directed, upon receipt of a certificate from the Minister of Railways certifying that the purchase money for the said land has been paid, to issue a certificate of title for the said land in the name of the Auckland Electric-power Board, subject, however, to all existing leasehold interests registered against the said land, and generally to make such entries in the register books as may be necessary to give effect to the provisions of this section.

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

    Firstly, all that area in the North Auckland Land District, containing by admeasurement 2 acres 3 roods 18 perches and sixty-one hundredths of a perch, more or less, being Lots 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, and 64 on Deposited Plan 27467, being part of Allotment 1, Section 11, Suburbs of Auckland, and being all the land comprised in certificate of title, Volume 711, folio 328, all the land comprised in certificate of title, Volume 708, folio 351, and part of the land comprised in certificate of title, Volume 792, folio 188, Auckland Registry: as the same is more particularly delineated on the plan marked LO 7557, deposited in the office of the Minister of Railways, at Wellington, and thereon coloured sepia, yellow, and blue respectively (Auckland plan SO 33083).

    Secondly, all that area in the North Auckland Land District containing by admeasurement 2 roods 22 perches and eight-tenths of a perch, more or less, being portion of Allotments 1 and 2 of Section 11, Suburbs of Auckland, on Deposited Plan 26330, and being part of the land comprised in certificate of title, Volume 792, folio 188, Auckland Registry: as the same is more particularly delineated on the plan marked LO 7556, deposited in the office of the Minister of Railways, at Wellington, and thereon coloured yellow (Auckland plan SO 33291).

3 Closing foreshore roads, Whangaruru Harbour, and vesting the same in the Whangarei Harbour Board
  • Whereas the lands hereinafter described are unformed roads on the foreshore of the Whangaruru Harbour:

    And whereas the control of the said harbour is vested in the Whangarei Harbour Board, and it is desirable that the said roads should be closed and the land comprised therein vested in the said Board subject to certain conditions:

    Be it therefore enacted as follows:

    (1) The portions of unformed foreshore road hereinafter described are hereby closed, and the land comprised therein is hereby vested in the Whangarei Harbour Board as endowment land.

    (2) The closing and vesting in the said Board of the portions of unformed foreshore road as aforesaid shall not affect any Maori fishing rights, and the Board shall keep open and maintain on the land so vested in it a roadway of a width of 18 feet to the Whangaruru Wharf.

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

    All those areas in the North Auckland Land District, containing by admeasurement a total of 16 acres and 30 perches, more or less, being unformed roads adjoining part of Section 1, Block XII, Russell Survey District, Section 1, and parts of Section 2, Block II, Whangaruru Survey District, part of Koihanga Block, and land vested in the Whangarei Harbour Board by section 4 of the Whangarei Harbour Board Vesting Act 1928: as the same are more particularly delineated on the plan numbered 30999, deposited in the office of the Chief Surveyor at Auckland, and thereon coloured red.

    Section 3(2): amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).

4 Closing a road and declaring certain land in Block IV, Waikohu Survey District, Gisborne Land District, to be Crown land
  • Whereas in the year 1905 certain lands were claimed by the Crown as accretion following a gradual change in the course of the Waipaoa River:

    And whereas parts of such accretion were described as Sections 36A, 41A, and 42A of Block IV, Waikohu Survey District, as delineated on a plan deposited in the Lands and Survey Office at Gisborne under number 1602, and were disposed of to the owners of adjoining land:

    And whereas between the years 1905 and 1908 further accretions took place and were claimed by the Crown:

    And whereas such further accretions were described as road reserve and Sections 41B and 42B of Block IV, Waikohu Survey District, as delineated on the aforesaid plan number 1602:

    And whereas doubts have arisen as to whether part of such further accretions containing an area of approximately 2 acres 3 roods was not in fact rightfully portion of certain freehold land being part of the Rangatira No 1 Block:

    And whereas it has since been ascertained that part of the lands now described as Sections 41A and 41B, Block IV, Waikohu Survey District, comprises a legal road:

    And whereas it is desirable that such road should be closed:

    And whereas it is desired that the aforesaid Sections 41B and 42B should be disposed of by the Crown to the owners of the adjoining land:

    And whereas the registered proprietor of the part of Rangatira No 1 Block hereinbefore referred to has no objection to such proposed disposal:

    And whereas it is desirable that the said Sections 41B and 42B should be declared Crown land in order to resolve any doubts that may exist as to the authority of the Crown to dispose of them:

    Be it therefore enacted as follows:

    (1) That portion of the legal road hereinbefore referred to lying within the boundaries of Sections 41A and 41B, Block IV, Waikohu Survey District, is hereby declared to be closed.

    (2) Sections 41B and 42B, Block IV, Waikohu Survey District, containing areas of 5 acres 2 roods 7 perches and 3 acres 1 rood 12 perches respectively, are hereby declared to be Crown land available for disposal under the provisions of the Land Act 1924.

    (3) The District Land Registrar for the Land Registration District of Gisborne is hereby empowered and directed to make such entries in the register books and generally to take such action in connection with any outstanding certificate of title for any land affected by this section as may seem to him to be necessary to give effect to its provisions.

5 Cancelling the reservation as an endowment for primary education over certain land in Wellington Land District and adding the said land to the Carnival Park Domain
  • Whereas the land hereinafter described is reserved as an endowment for primary education:

    And whereas it is desirable that such reservation should be cancelled and that the said land should be brought under the provisions of Part 2 of the Public Reserves, Domains, and National Parks Act 1928 as an addition to the Carnival Park Domain:

    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 declared to be reserved for recreation purposes, 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 Carnival Park Domain.

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

    All that area in the Wellington Land District, containing by admeasurement 1 acre 2 roods and 5 perches, more or less, being part of Subdivision 2 of Section 2, Block VII, Mangahao Survey District, being all the land in plan numbered 12904 deposited in the office of the District Land Registrar at Wellington, and being part of the land comprised in certificate of title, Volume 488, folio 276, Wellington Registry.

6 Cancelling the reservation as an endowment for primary education over certain land in the Town of Featherston and declaring the land to be subject to Part 1 of the Housing Act 1919
  • Whereas the land hereinafter described is reserved as an endowment for primary education:

    And whereas it is desirable that such reservation should be cancelled and that the said land should be 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 reservation as an endowment for primary education over the land hereinafter described is hereby cancelled, and the said land is hereby set apart for housing purposes, subject to the provisions of Part 1 of the Housing Act 1919.

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

    All that area in the Wellington Land District situated in the Borough of Featherston, containing by admeasurement 1 acre, more or less, being Section 104, Town of Featherston, and being part of the land comprised in certificate of title, Volume 29A, folio 17, Wellington Registry: as the same is more particularly delineated on the plan marked L and S 30/228/77, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

7 Vesting certain land at Tapawera, Nelson Land District, in His Majesty as a public domain
  • Whereas in the year 1920 the residents of Tapawera and the surrounding district acquired the land hereinafter described as a memorial park and public recreation ground:

    And whereas the said land was vested in 5 trustees, of whom 3 are deceased and the other 2 have left the district:

    And whereas in order to provide for the future control and management of the park it is the desire of the people concerned that the land comprised therein should be made a public domain:

    And whereas power is lacking for the surviving trustees to transfer the land to the Crown:

    And whereas under the circumstances it is desirable to make suitable provision in that behalf:

    Be it therefore enacted as follows:

    (1) The land described in subsection (3) is hereby vested in His Majesty the King as a public domain under and subject to the provisions of Part 2 of the Public Reserves, Domains, and National Parks Act 1928, and shall hereafter be known as the Tapawera Memorial Park Domain.

    (2) The District Land Registrar for the Land Registration District of Nelson is hereby directed to make such entries in the register book and on 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 Nelson Land District containing by admeasurement 4 acres 3 roods and 28 and four-tenths perches, more or less, being Lot 19 on Plan 2610, Part Section 72, Upper Motueka District, Block IX, Wai-iti Survey District, and being all the land comprised in certificate of title, Volume 69, folio 187, Nelson Registry: as the same is delineated on the plan marked L and S 1/1124, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

8 Cancelling the reservation as an endowment for primary education over certain land in the Canterbury Land District, setting it apart as a reserve for plantation purposes, and vesting it in the Corporation of the County of Ashburton
  • Whereas the land hereinafter described is reserved as an endowment for primary education:

    And whereas the said land is unsuitable for farming, and it is desirable that it should be set apart as a reserve for plantation purposes and vested in the Corporation of the County of Ashburton:

    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 Ashburton in trust for such purposes.

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

    All that area in the Canterbury Land District containing by admeasurement 10 acres, more or less, being Reserve 1900, situated in Block VIII, Alford Survey District, and being the whole of the land contained in certificate of title, Volume 106, folio 238, Canterbury Registry: as the same is more particularly delineated on the plan marked L and S 20/133, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

9 Authorising the Geraldine Borough Council to sell certain land
  • Whereas by a Warrant issued pursuant to section 38 of the Land Act 1877 Amendment Act 1884, dated 10 July 1885, and published in the Gazette of 16 July, the land hereinafter described was reserved for an endowment in aid of the Town Board funds for the benefit of the Town of Geraldine:

    And whereas the said land is now vested in the Corporation of the Borough of Geraldine:

    And whereas it is expedient that the Geraldine Borough Council should be empowered to sell the said land and to apply the proceeds in the purchase of other land for municipal purposes:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in any Act the Geraldine Borough Council is hereby empowered to sell the said land freed and discharged from the trusts, reservations, and restrictions affecting the same.

    (2) The net proceeds from the sale shall be applied in the purchase of other land for municipal purposes.

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

    All that area in the Canterbury Land District, containing by admeasurement 1 rood, more or less, being Town Section 253, Town of Geraldine, situated in the Borough of Geraldine, and being part of the land comprised in certificate of title, Volume 121, folio 9, Canterbury Registry: as the same is more particularly delineated on the plan marked L and S 22/4103, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

10 Authorising the Timaru Borough Council to sell certain land
  • Whereas the land hereinafter described was vested in the Corporation of the Borough of Timaru in trust for municipal purposes by section 4 of the Ordinance of the Superintendent and Provincial Council of the Province of Canterbury intituled the Municipal Corporations Reserves Ordinance 1868:

    And whereas it is expedient that the Timaru Borough Council should be empowered to sell the said land and to apply the proceeds in the purchase of other land for municipal purposes:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in any Act, the Timaru Borough Council is hereby empowered to sell the said land freed and discharged from the trusts, reservations, and restrictions affecting the same.

    (2) The net proceeds from the sale shall be applied in the purchase of other land for municipal purposes.

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

    All that area in the Canterbury Land District, containing by admeasurement 1 rood 3 perches and one-tenth of a perch, more or less, being Lots 1 and 2 on Deposited Plan 11165, part Reserve 851, formerly Town Section 440, situated in the Borough of Timaru, and being part of the land comprised in certificate of title, Volume 336, folio 226, Canterbury Registry: as the same is more particularly delineated on the plan marked L and S 53727C, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

11 Cancelling the reservation over the Piha Domain and vesting the land in the Auckland Centennial Memorial Park Board
  • 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 Piha Domain:

    And whereas the said land lies within the boundaries of the scenic park referred to in the Auckland Centennial Memorial Park Act 1941, and it is desirable that it should be vested in the Auckland Centennial Memorial Park Board established under the provisions of section 3 of that Act:

    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 Piha Domain as hereinafter described is hereby cancelled, and the said land is hereby vested in the Auckland Centennial Memorial Park Board and shall be held and administered by that Board for the purposes of a scenic park under and subject to the provisions of the Auckland Centennial Memorial Park Act 1941.

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

    All that area in the Waitemata County, North Auckland Land District, containing by admeasurement 141 acres 3 roods and 13 perches, more or less, being part of Allotment 39, Parish of Karangahape: as the same is more particularly delineated on the plan marked L and S 1/624, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (North Auckland plan SO 33295).

12 Vesting the control of certain land in the Christchurch Domain Board
  • Whereas the land hereinafter described has been transferred to His Majesty the King for the purposes of a recreation reserve subject to Part 1 of the Public Reserves, Domains, and National Parks Act 1928:

    And whereas it is desirable that the said land should be brought under the provisions of Part 2 of the Public Reserves, Domains, and National Parks Act 1928, and that the control of the said land should be vested in the Christchurch Domain Board constituted for the purposes of the Christchurch Domains Act 1904:

    Be it therefore enacted as follows:

    (1) The land hereinafter described is hereby declared to be subject to the provisions of Part 2 of the Public Reserves, Domains, and National Parks Act 1928, and it shall hereafter form part of the lands of which the control is vested in the Christchurch Domain Board under section 2 of the Christchurch Domains Act 1904.

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

    All that area in the Canterbury Land District containing by admeasurement 7 acres 1 rood 6 perches, more or less, being Reserve 4477, situated in Blocks III and IV, Halswell Survey District; also all that area in the Canterbury Land District containing by admeasurement 11 acres 3 roods 32 perches, more or less, being Reserve 4478, situated in Block III, Halswell Survey District: as the same are more particularly delineated on the plan marked L and S 1/562D, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

13 Vesting in His Majesty the land occupied by the abandoned Whau Whau Branch Railway, North Auckland Land District
  • Whereas by the Railways Authorization Act 1884 the Governor was empowered to enter into a contract in the name and on behalf of Her Majesty for the construction of a branch line of railway from the main line of the Whangarei-Kamo Railway to the Whau Whau Colliery, and by the said Act the Whangarei Coal-mining Company, Limited (hereinafter called the company), was liable to pay to Her Majesty the difference between the estimated and the actual cost of such construction:

    And whereas the company duly acquired the necessary land from the adjoining owners for the construction of the said branch line, but did not actually take title to the several parcels of land so acquired:

    And whereas the parcels of land so acquired contain together an area of 7 acres 1 rood 17 perches and eight-tenths of a perch, more or less, and are described as part of Allotments 2 and 12, Whangarei Parish, and Part Ketenikau Block, Block VIII, Purua Survey District, North Auckland Land District, being Lots numbered 1 to 11 inclusive on plan LT 31314, lodged in the office of the District Land Registrar at Auckland, a copy of which plan is deposited in the office of the Minister of Works at Wellington under Number PWD 118561:

    And whereas on completion of the construction of the branch line there was due and owing to the Crown by the company the sum of 1,177 pounds 2 shillings and 11 pence:

    And whereas by deed of mortgage registered Number 106311 the company mortgaged to Donald John McLeod, of Melbourne, Insurance Manager, and Thomas Taylor Masefield, Ironfounder, Alexander McGregor, Master Mariner, William Scott Wilson, Journalist, and Frank Jagger, Timber Merchant, all of Auckland, all its right, title, estate, and interest in the said branch line to secure the principal sums and interest more particularly set out in the said mortgage, subject, however, to the payment to the Crown of the said sum of 1,177 pounds 2 shillings and 11 pence:

    And whereas on the company having made default in payment of the principal moneys and interest secured by the said deed of mortgage, the mortgagees in exercise of their powers under the mortgage caused the said branch line to be submitted for sale through the Registrar of the Supreme Court at Auckland:

    And whereas at such sale the mortgagees were declared the purchasers, and the Registrar by deed of conveyance registered Number 110574 conveyed and assured unto the mortgagees all the estate, right, title, and interest of the company in the said branch line, subject, however, to the payment to the Crown of the said sum of 1,177 pounds 2 shillings and 11 pence:

    And whereas by deed of mortgage dated 1 November 1889, registered Number 113208, the said Donald John McLeod, Thomas Taylor Masefield, Alexander McGregor, William Scott Wilson, and Frank Jagger, mortgaged to Her Majesty the Queen all their estate, right, title, and interest in the said branch line to secure the payment to Her Majesty of the said sum of 1,177 pounds 2 shillings and 11 pence and interest thereon as in the said deed of mortgage appearing:

    And whereas the mortgagors having made default in payment of the principal moneys and interest secured by the said deed of mortgage registered Number 113208, Her Majesty, in exercise of the power of sale under the mortgage, caused the said branch line to be submitted for sale through the Registrar of the Supreme Court at Auckland:

    And whereas at such sale Her Majesty was declared the purchaser, and the Registrar, by deed of conveyance dated 16 July 1895, registered Number 131535, conveyed and assured unto Her Majesty all the estate, right, title, and interest of the mortgagors in the said branch line:

    And whereas the said branch line has long since ceased to be used for the purpose for which it was constructed and is now dismantled:

    And whereas, although the legal estate in the said several parcels of land purchased by the company as aforesaid is still in the names of the successors to the respective owners from whom the same were purchased, His Majesty has a good and equitable title to the same:

    And whereas it is desirable to validate the said deed of conveyance registered Number 131535, and to extinguish the title of the successors to the original owners from whom the several parcels of land on which the said branch line was constructed were purchased:

    Be it therefore enacted as follows:

    (1) The said deed of conveyance registered Number 131535 is hereby declared to be and to have been valid and effectual for all purposes as if it had contained a full and complete description of the said Lots 1 to 11 on LT Plan 31314, on which the said branch line was built, and the said Lots 1 to 11 are hereby declared to have been vested in Her Majesty on 16 July 1895, freed and discharged from all right, title, estate, and interest vested in the respective former owners.

    (2) The said Lots 1 to 11 on LT Plan 31314 are hereby declared to be Crown land available for sale or other disposition under the Land Act 1924, and the District Land Registrar and Registrar of Deeds for the Land Registration District of Auckland is hereby empowered and directed to make such entries in the register books and generally to take such action in connection with any outstanding title or titles for any land affected by this section as may seem to him to be necessary to give effect to its provisions.

14 Recreation reserve land in Rotorua Borough declared subject to the Public Reserves, Domains, and National Parks Act 1928
  • Whereas the land hereinafter described is reserved for recreation purposes:

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

    And whereas it is desired that the said land should be administered under the provisions of the Public Reserves, Domains, and National Parks Act 1928:

    Be it therefore enacted as follows:

    (1) The vesting of the control of the land hereinafter described in the Minister in Charge of Tourist and Health Resorts and the subjection of the said land to the provisions of the Tourist and Health Resorts Control Act 1908 are hereby cancelled, and the said land shall hereafter be dealt with and administered as 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 Auckland Land District, Borough of Rotorua, containing by admeasurement 153 acres and 17 perches, more or less, being part of Lot 2 on a plan deposited in the office of the District Land Registrar at Auckland under Number 23567, and being part of Section 32 Suburbs of Rotorua, and part of Section 10, Block I, Tarawera Survey District, and bounded as follows: commencing at a point on a public road at the northernmost corner of a quarry taken by Proclamation published in the Gazette of 24 February 1916, at page 559, registered under Number 3776 (Auckland Registry), towards the south and southwest generally by the aforesaid quarry, Part Tihi-o-Tonga B Block, the abutment of a public road, and again by Part Tihi-o-Tonga B Block and Tihi-o-Tonga C No 1 Block, by lines bearing 244°19′ distance 309.2 links, bearing 150°46′ distance 159.6 links, bearing 304°50′ distance 4518.7 links, and bearing 279°37′ distance 398.3 links; towards the west, north, and west generally by Sections 65, 64, and 63 of the suburbs of Rotorua, by lines bearing 9°35′ distance 2003.2 links, bearing 99°34′ distance 1634.6 links, bearing 9°36′ distance 1165.5 links, bearing 29°21′ distance 1165.8 links; towards the east generally by a public road, bearing 124°16′ distance 607.0 links, bearing 171°58′ distance 273.5 links, bearing 111°05′ distance 260.5 links, bearing 217°19′ distance 94.1 links, bearing 127°06′ distance 658.2 links, bearing 171°50′30″ distance 1090.2 links, bearing 173°50′ distance 416.3 links; towards the east, north, and west generally by another part of Lot 2 on deposited plan Number 23567 aforementioned by lines bearing 254°27′ distance 151.4 links, bearing 202°07′30″ distance 2239.4 links, bearing 175°26′ distance 564.9 links, bearing 182°34′ distance 255.9 links, bearing 156°00′ distance 222.2 links, bearing 89°21′ distance 334.4 links, bearing 23°38′30″ distance 444.8 links, bearing 100°26′ distance 414.4 links, bearing 353°38′ distance 209.1 links, bearing 280°40′ distance 458.2 links, bearing 190°02′ distance 202.0 links, bearing 203°38′30″ distance 356.7 links, bearing 269°21′ distance 204.2 links, bearing 336°00′ distance 132.8 links, bearing 2°34′ distance 238.5 links, bearing 355°26′ distance 547.3 links, bearing 22°07′30″ distance 2166.4 links, bearing 74°27′ distance 85.7 links; thence towards the east generally by the last-mentioned public road by lines bearing 173°50′ distance 607.2 links, bearing 183°48′ distance 793.6 links, bearing 137°16′ distance 257.2 links, bearing 177°38′ distance 903.0 links, bearing 185°54′ distance 967.7 links, bearing 166°54′ distance 19.5 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 22/4308, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

15 Authorising closing of portion of unformed road at Lake Rotoma and its leasing to the Boy Scouts Association
  • Whereas between Lake Rotoma and the Matahi Lagoon in Block XI, Rotoma Survey District, Auckland Land District, there is an unformed road of considerable width:

    And whereas the whole of such road is not and is never likely to be required for road purposes:

    And whereas it is desired that portion of the said road should be closed in order that it may be leased to the Boy Scouts Association on special conditions as a site for a Scout Camp:

    And whereas it is expedient to make suitable provision in that behalf:

    Be it therefore enacted as follows:

    (1) The Governor-General may by Proclamation declare such portion as he thinks fit of the unformed road between Lake Rotoma and the Matahi Lagoon to be closed.

    (2) The Minister of Lands may grant a lease over the land comprised in such closed road to the Boy Scouts Association (New Zealand Branch), Incorporated. The term of such lease shall not exceed 21 years, and the terms and conditions thereof shall be such as the said Minister thinks fit to impose.

16 Authorising the Waihi Borough Council to acquire certain land at Waihi Beach, and making special provision with respect to such land
  • Whereas by a Proclamation published in the Gazette of 18 March 1920 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 the said land is commonly known and described as the Waihi Beach Reserve:

    And whereas under the provisions of section 17 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1922, and section 18 of the Reserves and other Lands Disposal Act 1938, certain portions of the said land have been set aside for leasing as building sites, and certain other portions have been set apart for the purposes of public recreation and pleasure grounds:

    And whereas it is desired to acquire an adjoining area of approximately 34 acres as an addition to the said Waihi Beach Reserve:

    And whereas the purchase price of the said 34 acres is expected to amount to the sum of 3,200 pounds or thereabouts, and it is expedient that the Waihi Borough Council should be authorised to raise a loan without a poll to meet the cost of acquisition, and the costs of roading, surveying, and generally developing the land:

    And whereas it is also expedient that provision be made as hereinafter appearing for the leasing of portion or portions of the said land as building sites, for the setting apart of other portions thereof as public recreation and pleasure grounds, and generally for the administration and use of the said land:

    Be it therefore enacted as follows:

    (1) The Waihi Borough Council is hereby authorised to take, purchase, or otherwise acquire the land hereinafter described, and such authority shall extend and apply so as to authorise, if necessary, the acquisition of a slightly greater area than 34 acres.

    (2) For the purpose of acquiring such land, and to meet the costs of surveying, roading, and generally developing the same, the said Council is hereby further authorised to raise a special loan under the Local Bodies' Loans Act 1926, by special order, and without taking the steps prescribed by sections 9 to 13 of that Act.

    (3) On the acquisition of the said land the Council may, subject to the approval of the Minister of Lands, and notwithstanding anything to the contrary in the Municipal Corporations Act 1933, set aside such portions of the said land as it thinks fit and let the same as building sites by way of leases to be offered and issued in accordance with the provisions of subsection (2) of section 18 of the Reserves and other Lands Disposal Act 1938.

    (4) The Governor-General may by Order in Council declare any portion or portions of the said land to be set apart for the purposes of public recreation and pleasure grounds to be held, administered, and controlled by the Waihi Borough Council for such purposes in accordance with the provisions of the Municipal Corporations Act 1933.

    (5) The land to which the foregoing provisions of this section relate may be described as follows:

    All that area in Block III, Waihi North Survey District, Auckland Land District, containing 34 acres, more or less, situated west of and contiguous to the Waihi Beach Reserve, and being part of the land comprised in certificate of title, Volume 613, folio 181, Auckland Registry.

17 Cancelling the reservation over Section 3, Town of Bulwer, Nelson Land District, and authorising the sale of the land
  • Whereas the land hereinafter described was permanently reserved as a public landing place by warrant dated 29 August 1899, and published in the Gazette of 31 August:

    And whereas the reserve has never been used for the purpose for which it was set apart, and it is expedient that the reservation should be cancelled and the land made available for sale:

    Be it therefore enacted as follows:

    (1) The reservation as a public landing-place over the land hereinafter described is hereby cancelled, and, notwithstanding anything contained in section 129 of the Land Act 1924, it is hereby declared that the whole of the said land may be sold or otherwise disposed of under the provisions of that Act.

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

    All that area in the Nelson Land District containing by admeasurement 1 rood and 4 perches, more or less, being Section 3 of the Town of Bulwer: as the same is delineated on the plan marked L and S 22/4665, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

18 Vesting certain land in Greymouth Harbour Board for harbour and dock purposes
  • (1) The land hereinafter described is hereby vested in the Greymouth Harbour Board in trust, without power of sale, for harbour and dock purposes.

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

    All that area in the Borough of Greymouth, Westland Land District, containing by admeasurement 1 rood 30 perches, more or less, being Reserve 1854, Block XII, Greymouth Survey District.

    Also all that area in the Borough of Greymouth, Westland Land District, containing by admeasurement 32 perches, more or less, being Reserve 1855, Block XII, Greymouth Survey District.

    Also all that area in the Borough of Greymouth, Westland Land District, containing by admeasurement one-tenth of a perch, more or less, being Reserve 1856, Block XII, Greymouth Survey District.

    As the same are more particularly delineated on the plan marked L and S 6/9/74, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

19 Vesting portions of the Tapanui commonage and an agricultural and pastoral reserve at Tapanui in His Majesty the King as a public domain
  • Whereas the lands firstly hereinafter described are, together with other lands, vested in the Corporation of the Borough of Tapanui for a commonage for the inhabitants of Tapanui:

    And whereas the land secondly hereinafter described is vested in the Tapanui Agricultural and Pastoral Reserve Trust for the inhabitants of Tapanui as a site for the exhibition of stock, produce, and agricultural implements:

    And whereas the said lands are not required for the purposes for which they are at present vested, and it is desirable that they should be vested in His Majesty the King as a public domain:

    Be it therefore enacted as follows:

    (1) The lands described in subsection (3) are hereby vested in His Majesty the King as a public domain under and subject to the provisions of Part 2 of the Public Reserves, Domains, and National Parks Act 1928, and shall hereafter be known as the Tapanui Domain.

    (2) The District Land Registrar for the Land Registration District of Otago is hereby empowered and directed to make such entries in the register books and in the outstanding certificate of title for the said lands as may be necessary to give effect to the provisions of this section.

    (3) The lands to which this section relate are particularly described as follows:

    Firstly, all those areas in the Otago Land District, being Section 69, formerly parts of Sections 62 and 1061R, Block XIII, Glenkenich Survey District, containing by admeasurement 49 acres 2 roods 25 perches, more or less, and Section 70, formerly part of Section 62, Block XIII, Glenkenich Survey District, containing by admeasurement 6 acres 2 roods 12 perches, more or less, and being part of the land comprised in certificate of title Volume 171, folio 93, Otago Registry.

    Secondly, all that area in the Otago Land District, being Section 65, formerly part of Section 62, Block XIII, Glenkenich Survey District, containing by admeasurement 12 acres, more or less.

20 Vesting portion of the Tapanui commonage in the Otago Hospital Board
  • Whereas the land hereinafter described is together with other lands vested in the Corporation of the Borough of Tapanui for a commonage for the inhabitants of Tapanui:

    And whereas the said land is not required for commonage purposes and it is desirable that the land should be vested in the Otago Hospital Board for hospital purposes:

    Be it therefore enacted as follows:

    (1) The land hereinafter described is hereby vested in the Otago Hospital Board in trust for hospital purposes.

    (2) The District Land Registrar for the Land Registration District of Otago is hereby empowered and directed to make such entries in the register books 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 Otago Land District containing by admeasurement 2 roods, more or less, being Section 71, formerly parts of Sections 62 and 1061R, Block XIII, Glenkenich Survey District, and being part of the land comprised in certificate of title Volume 171, folio 93, Otago Registry: as the same is more particularly delineated on the plan marked L and S 1/1118, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

21 Authorising revocation of reservation over portion of Kaipupu Scenic Reserve, Marlborough Land District
  • Whereas the land hereinafter described is set apart for scenic purposes under and subject to the provisions of the Scenery Preservation Act 1908, and is known as the Kaipupu Scenic Reserve:

    And whereas it is desirable that portion of the said land should be declared to be a recreation reserve under and subject to the provisions of the Public Reserves, Domains, and National Parks Act 1928, and it is expedient that suitable provision be made in that behalf:

    Be it therefore enacted as follows:

    (1) The Governor-General may by Proclamation revoke the reservation for scenic purposes over such portion of the land hereinafter described as he thinks fit, and by the same or a subsequent Proclamation may declare such portion to be a recreation reserve under and subject to the provisions of the Public Reserves, Domains, and National Parks Act 1928.

    (2) The land over portion of which the scenic reservation may be revoked as aforesaid may be described as follows:

    All that area in the Marlborough Land District, containing 321 acres 2 roods and 15 perches, more or less, and being Sections 1, 4, and 15, Block VIII, Linkwater Survey District.

22 Authorising Wellington City Council to let portions of Newtown Library building
  • Whereas the building known as the Newtown Library, in the City of Wellington, is erected on a public reserve vested in trust in the Wellington City Corporation as a site for a public library and literary institute:

    And whereas the whole of the said building is not required for library purposes, and it is desired that portions be let for business or office purposes:

    And whereas it is expedient that suitable provision be made in that behalf:

    Be it therefore enacted as follows:

    Notwithstanding anything to the contrary in the Public Reserves, Domains, and National Parks Act 1928, or in any other Act, the Wellington City Council is hereby authorised to let by private contract or otherwise for periods not exceeding 1 year at any one time, and for use as office or business premises, any part or parts of the Newtown Library building not for the time being required for library purposes.


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 1944. The reprint incorporates all the amendments to the Act as at 27 November 1947, 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)
  • Maori Purposes Act 1947 (1947 No 59): section 2