Reserves and Other Lands Disposal Act 1962

2 Variation of the trusts with respect to the Church of England cemetery at Tamaki

• Whereas the General Trust Board of the Diocese of Auckland is required by subsection (2) of section 44 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1924 to hold an area of 1 acre 2 roods 20 perches, being portion of the land comprised in a deed of conveyance registered in the Deeds Registry Office at Auckland under No 376, upon trust as a site for a church vicarage or other building for use for the purposes of the Church of the Province of New Zealand commonly called the Church of England:

  And whereas the Board holds the residue of the land comprised in the said conveyance upon certain trusts:

  And whereas in pursuance of those trusts the Board has subdivided and leased portion of the said residue to various lessees:

  And whereas one of those lessees has erected a house and a garage which encroach upon the portion of the land held by the Board upon trust as a site for a church vicarage or other building as aforesaid:

  And whereas it is expedient to reduce the area required to be held upon trust for that site so that the encroachment may be remedied by the leasing of an additional piece of land to the lessee whose buildings so encroach:

  Be it therefore enacted as follows:

  Section 44 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1924 is hereby amended by repealing subsection (2), and substituting the following subsection:

  • “(2) The said General Trust Board of the Diocese of Auckland shall hold all those pieces of land containing together 1 acre 2 roods 13 perches, being Lot 3 on plan deposited in the Land Registry Office at Auckland as No 36914 and Lot 2 on plan deposited as aforesaid as No 39214, being part of Allotment 27 of the District of Tamaki, and being parts of the land comprised in certificate of title, Volume 767, folio 41, Auckland Registry, being portions of the land contained in the said deed of conveyance registered as aforesaid as No 376, upon trust as a site for a church vicarage or other building for use for the purposes of the Church of the Province of New Zealand commonly called the Church of England.”