Whereas by a notice issued pursuant to section 17 of the Reserves and Other Lands Disposal Act 1955 dated 12 February 1960, and published in the Gazette of the 18th day of that month, that portion of Government road fronting Lot 3, DP 1519, described in subsection (4) (in this section referred to as the said land) was declared to be subject to the Reserves and Domains Act 1953 as a public reserve for sounds foreshore purposes:
And whereas situated partly on the said land and partly on adjoining foreshore is a whale factory owned by J. A. Perano & Co. Limited (in this section referred to as the Company) incorporated under the Companies Act 1955:
And whereas the Company occupies part of the said land and adjoining foreshore (together forming the site of the whale factory) under a licence issued to Joseph Henry Perano and Gilbert Thomas Perano under the provisions of the Whaling Industry Act 1935:
And whereas the balance of the said land has been held by the Company under temporary licence issued under the Land Act 1948:
And whereas the last-mentioned licence has expired and in the interests of its business the Company desires a long-term lease granting it exclusive occupation of the said land:
And whereas no authority exists for the granting of such a long-term lease:
And whereas the Company is prepared to allow the general public to have the right to use the track over the Company's land at the back of the said land so as to maintain continuity of access along the sounds foreshore reserves, and has agreed to maintain the track in good order:
And whereas the said land is not required for use for sounds foreshore purposes and it is desirable to grant the Company a long-term lease of the said land:
Be it therefore enacted as follows:
(1) Notwithstanding anything to the contrary in section 17 of the Reserves and Other Lands Disposal Act 1955 or in any other Act or rule of law, the Minister of Lands may grant a lease to the Company to exclusively occupy the said land or any portion thereof, for a term of 21 years, with or without a perpetual right of renewal, but with no right of acquiring the fee simple, at such rent and upon such other terms and conditions as the Minister thinks fit:
provided that should at any time the said land so leased be no longer required or used for the purpose of a site for a whale factory, then the lease thereof shall immediately determine and the land revert to the Crown for use as a reserve for sounds foreshore purposes freed from all rights, title, and interest therein on the part of the Company.
(2) Any lease, surrender, or other instrument that is required to be executed for the purpose of giving effect to the provisions contained in this section authorising the leasing of the said land may be executed by the Commissioner of Crown Lands for the Marlborough Land District, and any such instrument that is so executed shall not require to be executed by or on behalf of the Minister of Lands and shall be deemed to be validly executed for all purposes.
(3) The District Land Registrar for the Land Registration District of Marlborough is hereby authorised 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.
(4) The land to which this section relates, is particularly described as follows:
All that area in the Marlborough Land District containing 1 acre 1 rood 20 perches, more or less, being part Sounds Foreshore Reserve situated in Block V, Arapawa Survey District, bounded by a line commencing at a point on the mean high-water mark of Fishermans Bay due west of peg XX on SO Plan 296 and proceeding due west to a point distant 1 chain from the said mean high-water mark; thence northerly and easterly along a line parallel to and distant 1 chain from the mean high-water mark of the said Fishermans Bay (as defined on the said plan 296) to a right line forming the south-eastern boundary of Lot 3, Deposited Plan 1519; thence south-westerly along a right line being the production of the said south-eastern boundary of Lot 3 to the mean high-water mark; thence westerly and southerly along the said mean high-water mark to the point of commencement; as shown on the plan marked L and S 22/3028/25A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plan 296).