Whereas certain lands in the Coromandel County, South Auckland Land District, in the seven townships of Kingstone, Kapanga, Wynyardton, Wynyardton North, Bay View, Belleville, and Buffalo, and in other areas of land in Blocks I, II, V, and VI, Coromandel Survey District have been either granted in fee-simple or have been taken up under residence site or business site or special claim licences issued in terms of the Mining Act 1926: And whereas many of the owners and licensees cannot be traced and their lands have been abandoned: And whereas certain of the said lands are occupied and it is not possible to perfect the titles of the occupiers: And whereas for the better planning of the district it is desirable that the said lands or portions thereof should be resumed by His Majesty and disposed of as Crown land, but subject to the rights of the owners or licensees thereof to claim compensation as hereinafter provided: And whereas when the said seven townships were subdivided various strips of land were laid off as roads: And whereas some of these roads are legal and others have never been legalized: And whereas most of them have never been used as roads and will not be required as roads in the future: And whereas it is expedient that special provision be made to enable them to be vested in His Majesty as Crown land: Be it therefore enacted as follows:—
(1) The Governor-General may by Proclamation from time to time declare that the lands (inclusive of roads, legal or otherwise), or any portion of the lands to which this section relates, shall, as from a date to be specified in that behalf in any such Proclamation, be deemed to be vested in His Majesty as Crown land subject to the provisions of the Land Act 1948, and every such Proclamation shall have effect according to its tenor:
Provided that the Land Settlement Board established under the provisions of the Land Act 1948, may in disposing of any lands vested in His Majesty under this section give preference to the application of any person who may be in bona fide occupation of any such land at the date specified in the Proclamation affecting the same.
(2) Before exercising any of the powers conferred on him by this section the Governor-General shall cause not less than three months' notice of his intention so to do to be given in the Gazette and such newspaper or newspapers as he thinks fit.
(3) If at any time within five years after the date specified in any Proclamation issued under this section the registered proprietor or licensee or any other person having any estate or interest in any land to which the Proclamation relates adduces satisfactory evidence of his title to or interest in that land he shall be entitled to claim compensation for his interest therein. The amount of any such compensation shall in every case be determined by the Land Settlement Board, and on any such determination shall, without further appropriation than this section, be paid out of the Land Settlement Account established under the provisions of the Land Act 1948:
Provided that in no case shall the amount of compensation awarded under this section exceed the unimproved value, as determined by the said Board, of the land as at the date specified in the Proclamation affecting the same, together with the value as at that date and as determined by the said Board of any improvements then existing on the land and effected by the claimant or at his expense.
(4) This section relates to all land laid off as roads, whether or not the same have been legalised, and to all land in respect of which residence site or business site or special claim licences under the Mining Act 1926, or Crown grants, have heretofore been issued, and which are situated in the townships of Kingstone, Kapanga, Wynyardton, Wynyardton North, Bay View, Belleville, or Buffalo, or in any other areas of land in Blocks I, II, V, and VI of the Coromandel Survey District.
(5) The District Land Registrar for the Auckland Land Registration District and the appropriate Mining Registrar in the Hauraki Mining District shall, on the issue of any Proclamation pursuant to this section, make such entries in any relevant register or other record book and do all such other things as may be necessary to give effect to any such Proclamation.
(6) Notwithstanding anything to the contrary in any Act or rule of law, the Land Settlement Board may delegate all necessary powers and functions for the purpose of administering the said section to a person to be known as the Coromandel Land Claims Authority (in this section referred to as the Authority) whether that person is an officer of the Public Service or otherwise. Any delegation pursuant to this section may, in the sole discretion of the Land Settlement Board, extend to all such acts, things, and matters as are necessary to confer on the Authority the powers required to carry out the provisions of this section and of the Land Act 1948 as if the delegation had been made pursuant to and in accordance with section fifteen of the Land Act 1948.
(8) Any compensation money awarded by the Authority in respect of lands proclaimed Crown land pursuant to this section shall, on the application of the Coromandel County Council, and in the discretion of the Authority, have deducted therefrom such amounts as the Authority shall decide as reasonable for rates owing, in any case not exceeding the total of three years' liability for rates based on the valuation roll current at the time of the application by the said County Council, and any money so deducted may be paid to the said County Council in full satisfaction.
(9) In addition to the deduction of money as provided in subsection eight of this section, the Authority may, in his discretion, deduct such further money for the costs of any compensation hearings or for any expenses in connection therewith, and in any disposal of lands proclaimed Crown land may likewise, in addition to the purchase price payable, decide what title fees, survey costs, and other costs or expenses shall be payable by any purchaser, lessee, or licensee.
(10) Any land proclaimed Crown land subject to the provisions of the Land Act 1948 pursuant to any Proclamation issued under subsection one of this section may, according to the terms of the Proclamation, be vested in Her Majesty either freed and discharged from all leases, licences, encumbrances, liens, easements, or other restrictions, or subject to such leases, licences, encumbrances, liens, easements, or other restrictions as may be set out in the Proclamation.
Section 24 was amended, as from 2 October 1958, by omitting the words “and in the area of Crown land adjacent to Coromandel Township known as the Kauri Block”
, and substituting the words “and in other areas of land in Blocks I, II, V, and VI, Coromandel Survey District”
pursuant to section 12(1) Reserves and Other Lands Disposal Act 1958 (1958 No 108).
Subsection (4) was substituted, as from 2 October 1958, by section 12(2) Reserves and Other Lands Disposal Act 1958 (1958 No 108).
Subsections (5) to (10) were inserted, as from 2 October 1958, by section 12(3) Reserves and Other Lands Disposal Act 1958 (1958 No 108).
Subsection (7) was repealed, as from 1 July 2003, by section 138(1) Local Government (Rating) Act 2002 (2002 No 6). See section 138(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.