Reserves and Other Lands Disposal Act 1963

Reprint
as at 18 December 1992

Coat of Arms of New Zealand

Reserves and Other Lands Disposal Act 1963

Public Act1963 No 128
Date of assent25 October 1963
Commencement25 October 1963

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2 Vesting certain land in the Dunedin Ocean Beach Domain Board [Repealed]

3 Vesting State forest land in the Corporation of the City of Wellington for water-supply and other purposes

4 Authorising the Balclutha Borough Council to grant a lease over certain land

5 Vesting certain land in the Chairman, Councillors, and Inhabitants of the County of Waikohu

6 Authorising the Cook Hospital Board to sell certain land

7 Vesting certain areas of land near Gisborne in Her Majesty as public reserves

8 Authorising the Invercargill City Council to sell part of the Turnbull Thomson Park

9 Declaring certain land to be vested in the Corporation of the Borough of Waiuku for recreation purposes

10 Declaring certain endowment land in the County of Rotorua to be Crown land subject to the Land Act 1948

11 Vesting certain land in the Corporation of the County of Waimea and authorising the reclamation of that land

12 Authorising the sale of portions of the Tauranga Cemetery and provisions incidental thereto

13 Vesting certain land in the Komakorau District Hall Incorporated

14 Dispensing with the provisions of section 58 of the Land Act 1948 in respect of the proposed disposal of an island in Tauranga Harbour

15 Authorising the Corporation of the City of Wanganui to spend certain money on afforestation and for the development or improvement of public reserves and domains under the control of the said Corporation

16 Removing restrictions from land vested in the Eastbourne Borough Council

17 Declaring certain land at Lake Pukaki to be Crown land subject to the Land Act 1948

18 Declaring land subject to the Forests Act 1949 to be Crown land subject to the Land Act 1948

19 Declaring certain land held by the Corporation of the Borough of Patea to be endowment land and authorising the Minister of Lands to declare certain other land held by the said Corporation to be endowment land

20 Removing certain land from the provisions of subsection (3) of section 5 of the Paritutu Centennial Park Act 1938 [Repealed]

21 Vesting certain land in the University of Otago and declaring certain land to be public street

22 Adding portions of a sanatorium reserve in Rotorua to the Rotorua Domain

23 Authorising the taking for the purposes of a motorway of parts of the Auckland (Symonds Street) Cemeteries


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 1963.

2 Vesting certain land in the Dunedin Ocean Beach Domain Board
  • [Repealed]

    Section 2: repealed, on 18 December 1992, by section 5 of the Ocean Beach Public Domain (Repeal and Vesting) Act 1992 (1992 No 7 (L)).

3 Vesting State forest land in the Corporation of the City of Wellington for water-supply and other purposes
  • Whereas the land described in subsection (3) is part of an area reserved for the growth and preservation of timber by notice published in the Gazette of 28 July 1881, and is now State forest land within the meaning of the Forests Act 1949:

    And whereas the land so described adjoins the land vested in the Mayor, Councillors, and Citizens of the City of Wellington (in this section referred to as the Corporation) for water supply and other purposes pursuant to the Wellington City and Suburban Water-Supply Act 1927:

    And whereas it is desirable and expedient that the land described in subsection (3) should cease to be subject to the Forests Act 1949 and should be vested in the Corporation for the purposes of, and subject to the provisions of, the Wellington City and Suburban Water-Supply Act 1927:

    Be it therefore enacted as follows:

    (1) The land described in subsection (3) shall no longer be State forest land subject to the provisions of the Forests Act 1949, and the said land is hereby vested in the Corporation, and shall be held by the Corporation, subject to the provisions of the Wellington City and Suburban Water-Supply Act 1927, for the purposes set out in section 4 of that Act (as amended by section 4 of the Wellington City and Suburban Water-Supply Amendment Act 1947).

    (2) The District Land Registrar for the Wellington Land Registration District is hereby authorised to issue such certificates of title, to accept such plans for deposit, to accept such documents for registration, to make such entries in the register books, and to do all such other things 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 the area in the Wellington Land District, being part of Wainui State Forest 33, containing 2 900 acres, more or less, bounded by a line commencing at a point on the main watershed at the southernmost corner of Section 95, Block IV, Paekakariki Survey District, and proceeding generally north-easterly along the eastern boundary of that section to and along the right bank of the Maungakotukutuku Stream to and along the generally south-eastern boundary of Section 16, Block I, Akatarawa Survey District, to the south-western boundary of Section 12, Block I aforesaid; thence south-easterly along that boundary and the south-western boundary of Section 13, Block I aforesaid, to the main watershed; thence generally south-westerly along the main watershed, passing through Trig Stations Maunganui and Titi, to the point of commencement.

    Also all that area in the Wellington Land District, being part of Wainui State Forest 33, containing an area of 750 acres, more or less, bounded by a line commencing at Trig Station Wainui in Block IV, Paekakariki Survey District, and proceeding northerly along the main watershed to a point on the southern boundary of Lot 3, DP 4269; thence generally south-westerly along the generally southern boundary of that lot, the generally eastern boundary of Lot 2, DP 4269, and the generally north-eastern boundary of Lot 1, DP 4268, to the main watershed; thence generally north-easterly along that main watershed to the point of commencement.

    As the same are more particularly shown on the plan marked L and S 22/3404A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

4 Authorising the Balclutha Borough Council to grant a lease over certain land
  • Whereas by a memorandum of lease dated 25 September 1940, and registered in the Land Registry Office at Dunedin as number 8342, the Balclutha Borough Council (in this section referred to as the Council) leased the land described in subsection (3) for a term of 21 years computed from 1 October 1940, with a perpetual right of renewal for further terms of 21 years:

    And whereas by divers memoranda of transfer the said lease became vested in William Horsburgh of Balclutha retired farmer as lessee (in this section referred to as the lessee):

    And whereas the lessee inadvertently omitted to take the necessary steps to obtain a renewal of the said lease before its expiry:

    And whereas the lessee has since died and his estate is being administered by the Public Trustee:

    And whereas the Council is desirous of granting to the administrator of the lessee's estate a new lease over the said land:

    Be it therefore enacted as follows:

    (1) The Council is hereby authorised and empowered to grant the Public Trustee a lease over the land described in subsection (3) for a term of 21 years from the date of the expiry of the term of memorandum of lease registered as number 8342, such lease to be in a form approved by the Council and to provide for perpetual rights of renewal for further periods of 21 years.

    (2) The Council is hereby authorised and empowered to execute all such deeds and documents and to do all such other things as may be necessary for the effective granting of the lease to the Public Trustee.

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

    All that area in the Otago Land District containing 20 perches, more or less, being part Section 18, Block VII, Town of Balclutha, and being part of the land comprised and described in certificate of title, Volume 170, folio 131, Otago Registry; as the same is more particularly delineated on the plan drawn on the said memorandum of lease number 8342.

5 Vesting certain land in the Chairman, Councillors, and Inhabitants of the County of Waikohu
  • Whereas the land described in subsection (3) (in this section referred to as the said land) was purchased in the year 1907 by James Pettie of Te Karaka, Hotelkeeper, and William John Brown of Te Karaka, Settler, with funds subscribed by certain persons in and around the Township of Te Karaka:

    And whereas it was intended at the time of such purchase that the said land should be used for the purpose of establishing a public library at Te Karaka:

    And whereas a certificate of title was issued in the names of the said James Pettie and William John Brown with an endorsement to the effect that there was to be no survivorship in respect of the said land:

    And whereas the said James Pettie is known to have left the district in or about the year 1920 and his present whereabouts are unknown:

    And whereas the said William John Brown is known to have died in or about the year 1920:

    And whereas a public library was established on the said land and this library is now administered by the Waikohu County Council:

    And whereas it is desirable that the said land should be vested in the Chairman, Councillors, and Inhabitants of the County of Waikohu:

    Be it therefore enacted as follows:

    (1) The land described in subsection (3) is hereby vested in the Chairman, Councillors, and Inhabitants of the County of Waikohu for an estate in fee simple for library purposes freed and discharged from all trusts, reservations, and restrictions affecting the said land at the date of the passing of this Act.

    (2) The District Land Registrar for the Gisborne Land Registration District is hereby authorised and directed to make such entries in the register books and to do all such other things as may be necessary to give effect to the provisions of this section.

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

    All that area in the Gisborne Land District containing 20 perches, more or less, being Lot 10, Deposited Plan Number 1418, being part Karaka 20 Block, situated in Block IV, Waikohu Survey District, and being all of the land comprised and described in certificate of title, Volume 44, folio 57, Gisborne Registry.

6 Authorising the Cook Hospital Board to sell certain land
  • Whereas by section 11 of the Reserves and Other Lands Disposal Act 1936 the Cook Hospital Board (in this section referred to as the Board) was empowered to sell certain land vested in it as a site for a maternity home:

    And whereas the Board was required to apply the net proceeds of the sale of the said land towards payment of the charges in respect of a loan raised by the Board for the establishment of a new maternity home:

    And whereas the Board did not sell the land:

    And whereas the loan raised in respect of the new maternity home has been repaid:

    And whereas part of the land was taken for housing purposes in the year 1938:

    And whereas it is desirable that the Board should be empowered to sell the balance of the land and to apply the proceeds thereof in the manner hereinafter provided:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in any Act, the Board may sell, for such consideration as the Minister of Health may approve, the land described in subsection (5) or any part of parts thereof, in such manner, on such terms, and subject to such conditions, as it thinks fit, and on the sale of any such land all trusts, reservations, and restrictions theretofore affecting the same shall be deemed to be cancelled.

    (2) Any sale of the land described in subsection (5) or of any part thereof may be for cash or on such terms as to the payment of the purchase price as the Minister of Health may approve.

    (3) The net proceeds from the sale of the land described in subsection (5) shall be applied by the Board for such of the purposes set out in paragraphs (c) to (e) of subsection (1) of section 93 of the Hospitals Act 1957 as it thinks fit or for such other purposes as the Minister of Health may approve.

    (4) Amendment(s) incorporated in the Act(s).

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

    All that area in the Gisborne Land District containing 1 acre 34 perches and 31 one-hundredths of a perch, more or less, being part Lots 1 and 2 of Section 210, Gisborne Suburban, situated in Block III, Turanganui Survey District, and being the balance of the land comprised and described in certificate of title, Volume 90, folio 169, Gisborne Registry.

7 Vesting certain areas of land near Gisborne in Her Majesty as public reserves
  • Whereas the land firstly described in subsection (3) is shown as a beach reserve on the plan of the Town of Sumter deposited in 1904 and approved by the Governor under section 18 of the Land Act 1892:

    And whereas the land secondly described in subsection (3) is shown as a reserve for public use on the plan of the Town of Gisborne, Extension No 13, deposited in 1912 and approved by the Governor under section 16 of the Land Act 1908:

    And whereas it was customary for the registered proprietor of any land so shown as a reserve to transfer it to Her Majesty:

    And whereas no such transfer of any of the land described in subsection (3) has been registered:

    And whereas the certificates of title to the said land are still in the names of the persons who made the subdivisions shown on the said plans:

    And whereas those persons are now dead:

    And whereas it is desirable that the land described in subsection (3) be vested in Her Majesty:

    Be it therefore enacted as follows:

    (1) The areas of land firstly and secondly described in subsection (3) are hereby vested in Her Majesty as a beach reserve and a reserve for public use respectively, subject to the provisions of the Reserves and Domains Act 1953, but otherwise freed and discharged from all trusts, reservations, and restrictions affecting the same at the date of the passing of this Act.

    (2) The District Land Registrar for the Gisborne Land Registration District is hereby authorised and directed to make such entries in the register books and to do all such other things as may be necessary to give effect to the provisions of this section.

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

    Firstly, all that area in the Gisborne Land District, calculated to contain 3 acres 1 rood and 6 perches, more or less, marked beach reserve on Deposited Plan Number 1307, being parts Kaiti 303A, 303B, 303C, 303D, 305, 306, 307A, 307B, and 308 Blocks, situated in Block VIII, Turanganui Survey District, and being part of the land comprised and described in certificates of title, Volume 37, folio 289, and Volume 38, folios 66, 75, and 252, Gisborne Registry; as shown on the plan marked L and S 25/70, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

    Secondly, all that area in the Gisborne Land District, containing 1 rood and 24 perches, more or less, being Lot 16, Deposited Plan Number 1737, being part Kaiti 267 Block, situated in Block III, Turanganui Survey District, and being part of the land comprised and described in certificate of title, Volume 22, folio 85, Gisborne Registry.

8 Authorising the Invercargill City Council to sell part of the Turnbull Thomson Park
  • Whereas the land described in subsection (5) is part of an area of land given to the Corporation of the City of Invercargill pursuant to a Deed of Agreement dated 22 September 1933, for the purpose of a public park, gardens, sports grounds, and playing grounds for the recreation, enjoyment, and amusement of the citizens of Invercargill:

    And whereas the Invercargill City Council wishes to subdivide and sell the land firstly described in subsection (5) for housing purposes and the land secondly described in subsection (5) for light industrial purposes and to apply the proceeds thereof in the manner hereinafter provided:

    And whereas it is expedient to make provision accordingly:

    Be it therefore enacted as follows:

    (1) The land described in subsection (5) is hereby declared to be vested in the Corporation of the City of Invercargill for an estate in fee simple freed and discharged from all trusts, reservations, and restrictions affecting any part of the same at the date of the passing of this Act, and the said land shall be held, administered, and disposed of in accordance with the provisions of this section.

    (2) Notwithstanding anything to the contrary in any other Act or any rule of law, the Invercargill City Council may, without any further authority than this section, subdivide the land described in subsection (5) into lots and may, for the purposes of better subdivision, proclaim, take, or set apart any portion of the said land for public streets. The Council is also hereby authorised to sell any part of the said land in such manner, on such terms, and subject to such conditions as it thinks fit.

    (3) The net proceeds from the sale of the said land shall be applied by the Invercargill City Council in or towards the development and improvement of the balance of the land given to the Council pursuant to the said Deed of Agreement dated 22 September 1933.

    (4) The District Land Registrar for the Southland Land Registration District is hereby authorised to accept such plans for deposit, to accept such documents for registration, to make such entries in the register books, and to do all such other things 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 Southland Land District containing 2 acres 2 roods 31 perches and four-tenths of a perch, being Lots 1 to 15 inclusive on Deposited Plan Number 6200, being part Section 10, Block I, Invercargill Hundred, and being part of the land comprised and described in certificate of title, Volume 143, folio 160, Southland Registry.

    Secondly, all that area in the Southland Land District containing 3 acres 3 roods 27 perches and four-tenths of a perch, being Lots 6 to 10 inclusive and parts of Lots 5 and 11, Land Transfer Plan 6177, being part Sections 9 and 10, Block I, Invercargill Hundred, and being part of the land comprised and described in certificate of title, Volume 143, folio 160, Southland Registry; as shown on the plan marked L and S 1/965A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

9 Declaring certain land to be vested in the Corporation of the Borough of Waiuku for recreation purposes
  • Whereas the land described in subsection (4) is part of certain land which was vested in the Corporation of the Borough of Waiuku by section 4 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1919 as a recreation and drill ground, subject to the provisions of the Waiuku Recreation Reserve Act 1879:

    And whereas the other part of that land was reserved as a site for a hospital and vested in the Auckland Hospital Board by section 14 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1921:

    And whereas the Council of the Corporation desires to grant long term leases for the development for recreation purposes of the land described in subsection (4):

    And whereas that land is no longer required for a drill ground:

    And whereas the only leases that can be granted under the Waiuku Recreation Reserve Act 1879 are for terms not exceeding 7 years:

    And whereas it is therefore desired to repeal the Waiuku Recreation Reserve Act 1879 and to declare the said land to be vested in the Corporation of the Borough of Waiuku for recreation purposes, subject to the provisions of the Reserves and Domains Act 1953:

    Be it therefore enacted as follows:

    (1) The land described in subsection (4) is hereby declared to be a reserve for recreation purposes vested in the Corporation of the Borough of Waiuku in trust for that purpose, subject to the Reserves and Domains Act 1953, but otherwise freed and discharged from all trusts, reservations, and restrictions affecting the same at the date of the passing of this Act.

    (2) The Waiuku Recreation Reserve Act 1879, section 4 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1919, and section 17 of the Reserves and Other Lands Disposal Act 1938 are hereby repealed.

    (3) The District Land Registrar for the North Auckland Land Registration District is hereby authorised to make such entries in his register and to do all such other things as may be necessary to give effect to the provisions of this section.

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

    Firstly, all that area in the North Auckland Land District containing 52 acres, more or less, being Allotments NE 162, NE 163, and NE 164, Waiuku Parish, situated in Block III, Maioro Survey District, and Block XIII, Awhitu Survey District.

    Secondly, all that area in the North Auckland Land District containing 22 acres 2 roods 25 perches and four-tenths of a perch, being Allotments SW 162, SW 163, SW 164, and Part 161, Waiuku Parish, situated in Block III, Maioro Survey District, and Block XIII, Awhitu Survey District, and being the balance of the land comprised and described in certificate of title, Volume 6, folio 107, North Auckland Registry.

10 Declaring certain endowment land in the County of Rotorua to be Crown land subject to the Land Act 1948
  • Whereas by a notice dated 29 April 1901, and published in the Gazette of 2 May in that year, at page 988, the land described in subsection (2) was reserved under the Land Act 1892 as a municipal endowment:

    And whereas the said land is no longer required as a municipal endowment and it is desirable that it should be declared Crown land subject to the Land Act 1948:

    Be it therefore enacted as follows:

    (1) The reservation as an endowment for municipal purposes over the land described in subsection (2) is hereby cancelled and the said land is hereby declared to be Crown land available for disposal under the Land Act 1948, freed and discharged from all trusts, reservations, and restrictions affecting the same immediately before the passing of this Act.

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

    All that area in the South Auckland Land District containing 12 acres 6 perches and four-tenths of a perch, more or less, being Sections 5, Block I, 5, Block III, 2, Block IX, 2, Block X, 1, Block XI, 2, Block XVIII, 3, Block XX, 5, Block XXII, 4, Block XXVII, 4, Block XXVIII, 4, Block XXX, and part Section 10, Block XXI, Mamaku Village, situated in Block XIV, Rotorua Survey District; as shown on the plan marked L and S 6/1/377A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (SO Plans 11240 (1 and 2) and 24214).

11 Vesting certain land in the Corporation of the County of Waimea and authorising the reclamation of that land
  • Whereas the land described in subsection (5) (in this section referred to as the said land) is part of an area of tidal land in the Port and Harbour of Nelson with which the Nelson Harbour Board was endowed by the Nelson Harbour Board Act 1900:

    And whereas the said land is no longer required by the Nelson Harbour Board as an endowment:

    And whereas it is desirable that the said land be vested in the Chairman, Councillors, and Inhabitants of the County of Waimea (in this section referred to as the Corporation) for recreation purposes and that the Corporation be authorised to reclaim it from the waters of the harbour:

    Be it therefore enacted as follows:

    (1) The said land is hereby vested in the Corporation in trust for recreation purposes subject to the Reserves and Domains Act 1953, but otherwise freed and discharged from all trusts, reservations, and restrictions affecting the same at the date of the passing of this Act.

    (2) The District Land Registrar for the Nelson Land Registration District is hereby authorised and directed to make such entries in the register books and to do all such other things as may be necessary to give effect to the provisions of this section.

    (3) Notwithstanding the provisions of section 175 of the Harbours Act 1950 or of any other Act, but subject to the provisions of sections 176 to 182 of the Harbours Act 1950, the Corporation is hereby authorised to reclaim the said land from the waters of the Port and Harbour of Nelson.

    (4) This section shall be deemed to be a special Act within the meaning of the Harbours Act 1950.

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

    Firstly, all that area in the Nelson Land District containing 5 acres 2 roods 26 perches and seven-tenths of a perch, more or less, being Lot 1, Deposited Plan Number 6100, being part Nelson Harbour Board endowment, situated in Block IX, Wakapuaka Survey District, and being all the land comprised and described in certificate of title, Volume 166, folio 27, Nelson Registry.

    Secondly, all that area in the Nelson Land District containing 3 acres 2 roods 33 perches, more or less, being Lots 1 and 2, Deposited Plan Number 6099, being part Nelson Harbour Board endowment, situated in Block IX, Wakapuaka Survey District, and being all the land comprised and described in certificate of title, Volume 165, folio 93, Nelson Registry.

12 Authorising the sale of portions of the Tauranga Cemetery and provisions incidental thereto
  • Whereas by section 15 of the Reserves and Other Lands Disposal Act 1959 the Corporation of the City of Tauranga (in this section referred to as the Corporation) was authorised to sell certain parts of the Tauranga Cemetery:

    And whereas by the said section 15 certain other portions of the cemetery were vested in the Corporation for plantation purposes:

    And whereas it is desirable that the Corporation be empowered to sell further portions of the cemetery not required for cemetery purposes and that provision be made as hereinafter set forth for the use of the proceeds from any such sale, for the setting apart of other portions of the land as recreation reserves, and for the dedication of other portions as public street:

    Be it therefore enacted as follows:

    (1) All trusts, reservations, and restrictions affecting the land described in subsection (8) immediately before the passing of this Act are hereby cancelled.

    (2) The land firstly described in subsection (8) is hereby vested for an estate in fee simple in the Corporation which may, without further authority than this section, subdivide the said land into lots. Any such lot may be set apart by the Corporation as a public reserve for recreation purposes, subject to the Reserves and Domains Act 1953, and any lot not required for those purposes may be sold by the Corporation in such manner, on such terms, and subject to such conditions as it thinks fit.

    (3) The net proceeds from the sale of any of the land firstly described in subsection (8) shall be applied in accordance with the provisions of subsection (3) of section 15 of the Reserves and Other Lands Disposal Act 1959.

    (4) The land secondly described in subsection (8) is hereby vested in the Corporation in trust as a reserve for plantation purposes subject to the Reserves and Domains Act 1953.

    (5) The land thirdly described in subsection (8) is hereby declared to be public street under the Municipal Corporations Act 1954.

    (6) The land fourthly described in subsection (8) is hereby declared to be vested in the Corporation in trust as a reserve for recreation purposes subject to the Reserves and Domains Act 1953.

    (7) The District Land Registrar for the South Auckland Land Registration District is hereby authorised and directed, on completion of such surveys as he may require, to deposit such plans, to accept such documents for registration, to make such entries in the register books, and to do all such other things as may be necessary to give effect to the provisions of this section.

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

    Firstly, all that area in the South Auckland Land District containing 3 acres 36 perches and four-tenths of a perch approximately, being Lots 3, 4, 5, 6, 7, and 10 of a subdivision of Allotments 55 and 58, Suburbs of Tauranga; as more particularly shown on SO Plans 42323 and 42324, lodged in the Office of the Chief Surveyor at Hamilton, and thereon edged red.

    Secondly, all that area in the South Auckland Land District containing 1 rood 7 perches and eight-tenths of a perch approximately, being Lots 2, 8, and 11 of a subdivision of Allotments 55 and 58, Suburbs of Tauranga; as more particularly shown on SO Plans 42323 and 42324, lodged in the Office of the Chief Surveyor at Hamilton, and thereon coloured green and marked Plantation Reserve.

    Thirdly, all that area in the South Auckland Land District containing 2 perches and one-tenth of a perch approximately, being Lots 13, 14, and 15 of a subdivision of Allotments 55 and 58, Suburbs of Tauranga, as more particularly shown on SO Plans 42323 and 42324, lodged in the Office of the Chief Surveyor at Hamilton, and thereon edged red.

    Fourthly, all that area in the South Auckland Land District containing 1 rood 18 perches and five-tenths of a perch, more or less, being Lots 50 and 56, Deposited Plan Number S 8085, being part Allotment 58, Suburbs of Tauranga, being parts of the land comprised and described in certificates of title, Volume 1D, folio 971, and Volume 1D, folio 972, South Auckland Registry.

13 Vesting certain land in the Komakorau District Hall Incorporated
  • Whereas the registered proprietor of the land described in subsection (3) is the Komakorau Institute Incorporated (in this section referred to as the Society):

    And whereas the Society was dissolved under section 28 of the Incorporated Societies Act 1908 by the Registrar of Incorporated Societies, to whom it appeared that the Society was no longer carrying on its operations, by a notice dated 7 October 1925, and published in the Gazette of the 15th day of that month, at page 2913:

    And whereas there was a hall erected on the said land:

    And whereas that hall was managed by a Management Committee until the incorporation in the year 1961 of the Komakorau District Hall Incorporated under the Incorporated Societies Act 1908:

    And whereas it is desirable that the said land be vested in the Komakorau District Hall Incorporated:

    Be it therefore enacted as follows:

    (1) Notwithstanding the provisions of any other Act or rule of law, the land described in subsection (3) is hereby vested in the Komakorau District Hall Incorporated for an estate in fee simple.

    (2) The District Land Registrar for the South Auckland Land Registration District is hereby authorised and directed, on application being made to him in that behalf, and on payment of the appropriate fees, to cancel the existing certificate of title in respect of the said land, and to issue a new certificate of title thereover in the name of the Komakorau District Hall Incorporated, and to do all such other things 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 South Auckland Land District containing 1 rood, more or less, being all the land on Deposited Plan No 11110, being part Allotment 229, Parish of Komakorau and being all the land comprised and described in certificate of title, Volume 343, folio 289, South Auckland Registry.

14 Dispensing with the provisions of section 58 of the Land Act 1948 in respect of the proposed disposal of an island in Tauranga Harbour
  • Whereas the Land Settlement Board proposes to offer for public application the land described in subsection (2) as a site for a hotel with associated amenities for tourists:

    And whereas the said land is a small island in Tauranga Harbour:

    And whereas it is expedient that the disposal of the land be exempted from the provisions of section 58 of the Land Act 1948 as to the reservation from sale or other disposition of a strip of land along the mean high water mark of the sea:

    Be it therefore enacted as follows:

    (1) The provisions of section 58 of the Land Act 1948 shall not apply to the sale or other disposition of the land described in subsection (2).

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

    All that area in the South Auckland Land District containing 3 acres 1 rood, more or less, being Section 8, Block X, Tauranga Survey District, and being the island in Tauranga Harbour known as Motu-o-puhi (Rat) Island (SO Plan 17040).

15 Authorising the Corporation of the City of Wanganui to spend certain money on afforestation and for the development or improvement of public reserves and domains under the control of the said Corporation
  • Whereas pursuant to a Deed of Trust dated 11 March 1913, between Arthur Gorbell Bignell of Wanganui, Contractor, John Mason Wells of Wanganui, Accountant, Gifford Marshall of Wanganui, Solicitor, and Robert Russell of Wanganui, Contractor, of the one part, and the Mayor, Councillors, and Burgesses of the Borough of Wanganui, now the Mayor, Councillors, and Citizens of the City of Wanganui (in this section referred to as the Corporation), of the other part, the land described in subsection (4) (in this section referred to as the said land) was given to the Corporation to be held and used as a place for the recreation and enjoyment of citizens of the Borough of Wanganui, and to be known as Matipo Park:

    And whereas the said Deed of Trust provides that any revenue obtained from the said land is to be spent only on its improvement:

    And whereas owing to the difficulty of access and the contours of the said land it has never been used for recreational purposes and it is unlikely that it will ever be so used:

    And whereas the Corporation planted the said land with trees:

    And whereas certain of the trees have now matured and been milled and from royalties received there is a credit in the Matipo Park Trust Account (in this section referred to as the trust fund) of 6,704 pounds:

    And whereas the Corporation desires to expend a portion of the money in the trust fund on the reafforestation of the said land and to expend the balance for the development and improvement of other land being public reserves and domains under the control of the Corporation:

    Be it therefore enacted as follows:

    (1) The Corporation is hereby authorised and empowered to expend such portion of the money in the trust fund as it thinks fit in or towards the cost of the reafforestation of the said land or any part or parts thereof.

    (2) After setting aside or expending such portion of the money in the trust fund as it thinks fit for the reafforestation of the said land the Corporation is authorised and empowered to expend the balance of the money in the trust fund for the improvement and development of public reserves and domains under the control of the Corporation.

    (3) The Corporation is authorised and empowered to expend any further money that may be paid into the trust fund as interest or as royalties from the milling of any timber on the said land for the reafforestation of the said land or for the improvement of public reserves and domains under the control of the Corporation.

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

    All that area in the Wellington Land District containing 82 acres 1 rood 7 perches and five-tenths of a perch, more or less, being parts of Lot 4, Deposited Plan Number 2187, being parts of Sections 33, 34, and 228, Right Bank Wanganui River, and being all the land comprised and described in certificate of title, Volume 224, folio 219, Wellington Registry.

16 Removing restrictions from land vested in the Eastbourne Borough Council
  • Whereas by Memorandum of Transfer dated 5 May 1905, and registered in the Land Registry Office at Wellington as Number 53396, Francis Wallace McKenzie, of Wellington, Doctor of Medicine, transferred to the Chairman, Councillors, and Inhabitants of the County of Hutt (in this section referred to as the Council) certain land together with any accretion thereto for the use of the public as a public reserve and for the purposes of recreation and of access to the waters of the harbour and to the wharf at Rona Bay, subject inter alia to the restrictions that no powers of sale, mortgage, lease, or exchange should be exercisable by the Council or its successors in respect of the said land or any accretion thereto and that no buildings of any description should at any time be erected thereon:

    And whereas the said land as so originally transferred became part of a legal street as permitted by the terms of the transfer:

    And whereas the restriction on the erection of buildings on any accretion to the said land was overlooked and a clubhouse for a yacht club and plunket rooms have been erected on the land described in subsection (4):

    And whereas the land described in subsection (4), being accretions to the area originally transferred as aforesaid, is now vested in the Mayor, Councillors, and Citizens of the Borough of Eastbourne as successors to the Council:

    And whereas it is expedient that the restrictions imposed by the said Memorandum of Transfer be removed from the land described in subsection (4) and that the erection of the said buildings on the land be validated:

    Be it therefore enacted as follows:

    (1) The land described in subsection (4) is hereby declared to be vested in the Mayor, Councillors, and Citizens of the Borough of Eastbourne in trust as a reserve for recreation purposes subject to the Reserves and Domains Act 1953, but otherwise freed and discharged from all trusts, reservations, and restrictions affecting the same at the date of the passing of this Act.

    (2) The buildings erected on the said land at the date of the passing of this Act shall be deemed to have been lawfully erected.

    (3) The District Land Registrar for the Wellington Land Registration District is hereby authorised and directed to make such entries in the register books and to do all such other things as may be necessary to give effect to the provisions of this section.

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

    Firstly, all that area in the Wellington Land District containing 1 rood and 6 perches, more or less, being part Lot 3, Deposited Plan Number 14002, being part accretion to sections 37 and 39, Harbour District, situated in Block XVI, Belmont Survey District, and being the balance of the land comprised and described in certificate of title, Volume 579, folio 236, Wellington Registry.

    Secondly, all that area in the Wellington Land District containing 1 rood and 1 perch and eight-tenths of a perch, more or less, being Lot 2, Deposited Plan Number 18500, being part accretion to Sections 37 and 39, Harbour District, situated in Block XVI, Belmont Survey District, and being all the land comprised and described in certificate of title, Volume 756, folio 45, Wellington Registry.

17 Declaring certain land at Lake Pukaki to be Crown land subject to the Land Act 1948
  • Whereas the land firstly described in subsection (6) and known as the Pukaki Domain is administered under the Tourist and Health Resorts Control Act 1908, and the control thereof is vested in the Minister of the Crown for the time being having the administration of that Act:

    And whereas the land secondly described in subsection (6) is subject to and administered under the Tourist and Health Resorts Control Act 1908:

    And whereas there have been divers reservations, Orders in Council, and Proclamations affecting the land described in subsection (6) and the present status of that land is not clear:

    And whereas the said land is subject to a memorandum of lease granted by Her Majesty the Queen to Ian Harris Wardell dated 26 February 1957, and registered as number 461475, Canterbury Registry:

    And whereas the said Ian Harris Wardell has agreed to surrender that lease:

    And whereas it is proposed to subdivide part of the land for building purposes and to set apart other portions for various public purposes:

    And whereas to remove doubts as to the status of the land and to provide for its utilisation in the public interest it is expedient to declare all the said land to be Crown land subject to the Land Act 1948:

    Be it therefore enacted as follows:

    (1) The land described in subsection (6) is hereby declared to be no longer subject to the provisions of the Tourist and Health Resorts Control Act 1908, and the vesting of the control of the portion of the said land firstly described in that subsection in the Minister of the Crown for the time being having the administration of that Act is hereby declared to have ceased with the commencement of this Act.

    (2) The land described in subsection (6) is hereby declared to be Crown land subject to the Land Act 1948, freed and discharged from all trusts, reservations, and restrictions affecting the same immediately before the passing of this Act, and the aforementioned lease number 461475 is hereby extinguished.

    (3) Amendment(s) incorporated in the Act(s).

    (4) The provisions of subsections (1) to (3) shall not affect the vesting of the control of the Pukaki Hotel, Lake Pukaki, in the Tourist Hotel Corporation of New Zealand by the Order in Council made under section 11 of the Tourist Hotel Corporation Act 1955, dated 24 September 1956, and published in the Gazette of the 27th day of that month, at page 1327.

    (5) The District Land Registrar for the Canterbury Land Registration District is hereby authorised and directed to cancel the certificates of title for the land described in subsection (6).

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

    Firstly, all that area in the Canterbury Land District containing 346 acres 1 rood 1 perch and six-tenths of a perch, more or less, being Reserves 3701, 4592, and part Reserves 3702 and 4444, situated in Block XIII, Pukaki, Block XV, Pukaki West, and Block III, Strachey Survey Districts, and being all the land comprised and described in certificates of title, Volume 447, folio 206, and Volume 716, folio 85, and the balance of the land comprised and described in certificate of title, Volume 474, folio 257, Canterbury Registry.

    Secondly, all that area in the Canterbury Land District containing 4 acres, more or less, being Reserve 2947, situated in Block XIII, Pukaki Survey District, and being all the land comprised and described in certificate of title, Volume 447, folio 208, Canterbury Registry.

18 Declaring land subject to the Forests Act 1949 to be Crown land subject to the Land Act 1948
  • Whereas the land described in subsection (2) is set apart as permanent State forest land under the Forests Act 1949:

    And whereas it is desirable that it should be declared Crown land subject to the Land Act 1948:

    Be it therefore enacted as follows:

    (1) The setting apart of the land described in subsection (2) as permanent State forest land is hereby revoked and the said land is hereby declared to be Crown land subject to the Land Act 1948.

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

    Firstly, all that area in the North Auckland Land District containing 191 acres and 20 perches, more or less, being part Allotment 26, Whakapaku Parish, situated in Block II, Whangaroa Survey District; as shown on the plan marked L and S 36/2505, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (North Auckland SO 43991).

    Secondly, all that area in the Nelson Land District containing 35 acres, more or less, being parts of Section 1S and part of Section 1 of 2S, Blue Glen Settlement, situated in Block XIII, Gordon Survey District; as shown on the plan marked L and S 10/97/12D, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

    Thirdly, all that area in the Westland Land District containing 8 acres 3 roods 10 perches, more or less, being part Reserve 1681, situated in Block III, Waitangitaona Survey District; as shown on the plan marked L and S 10/98/108, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

    Fourthly, all that area in the Westland Land District containing 226 acres, more or less, being part Reserve 1694, situated in Block XV, Mawheraiti Survey District; as shown on the plan marked L and S 10/98/40D, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

    Fifthly, all that area in the Westland Land District containing 130 acres, more or less, being part Reserve 1597, situated in Block III, Ahaura Survey District; as shown on the plan marked L and S 10/98/40E, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

    Sixthly, all that area in the Otago Land District containing 15 acres 1 rood 28 perches, more or less, being Section 18 (formerly part Section 4), Block VIII, Woodland Survey District (Otago SO Plan 13351).

    Seventhly, all that area in the Otago Land District containing 2 800 acres, more or less, being Section 3340, situated in Block I, Campbell Survey District, and Blocks VIII and XIV, Hopkins Survey District, (Otago SO Plans 242, 243, 244, and 245).

    Eighthly, all that area in the Otago Land District containing 315 acres, more or less, being part Section 3341, situated in Blocks IX and X, Hopkins Survey District; as shown on the plan marked L and S 8/9/468, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (Otago SO Plan 13411).

19 Declaring certain land held by the Corporation of the Borough of Patea to be endowment land and authorising the Minister of Lands to declare certain other land held by the said Corporation to be endowment land
  • Whereas the land described in subsection (5) is vested in the Corporation of the Borough of Patea (in this section referred to as the Corporation) either for town purposes or for town improvement purposes:

    And whereas for the better development of the Borough it is desirable that the said land be declared to be held as endowment:

    And whereas it is expedient to empower the Minister of Lands to declare certain other land vested in the Corporation either for town purposes or for town improvement purposes to be held as an endowment:

    Be it therefore enacted as follows:

    (1) The land described in subsection (5) is hereby declared to be held by the Corporation in trust as an endowment for the general purposes of the Corporation freed and discharged from all trusts and reservations affecting the same immediately before the passing of this Act, but subject to all leases, easements, liens, encumbrances, and other restrictions affecting the same.

    (2) Notwithstanding anything in the Reserves and Domains Act 1953 or any other Act, the Minister of Lands may from time to time by notice in the Gazette revoke the trust on which any part or parts of the land referred to in subsection (6) is held by the Corporation and declare such part or parts to be held by the Corporation in trust as an endowment for the general purposes of the Corporation.

    (3) As from the date of any notice issued under subsection (2) the land described in that notice shall be held by the Corporation as an endowment for the general purposes of the Corporation freed and discharged from all trusts and reservations theretofore affecting the same, but subject to all leases, easements, liens, encumbrances, and other restrictions affecting the same at that date.

    (4) The District Land Registrar for the Taranaki Land Registration District is hereby authorised and directed to make such entries in the register books, to register such instruments, and to do all such other things as may be necessary to give effect to the provisions of this section.

    (5) The land to which subsection (1) relates is more particularly described as follows:

    Firstly, all that area in the Taranaki Land District containing 2 acres 21 perches, more or less, being Sections 1, 2, 3, 4, 5, 7, 8, and 9, Block II, Town of Patea, and being the balance of the land comprised and described in certificate of title, Volume 1, folio 231, Taranaki Registry.

    Secondly, all that area in the Taranaki Land District containing 2 acres 1 rood 26 perches, more or less, being Sections 1, 2, 3, 4, 5, 6, 9, 10, 11, and 12, Block V, Town of Patea, and being the balance of the land comprised and described in certificate of title, Volume 1, folio 233, Taranaki Registry.

    Thirdly, all that area in the Taranaki Land District containing 2 acres 10 perches, being Lots 1 to 9 inclusive, Block X, Town of Patea, and being all the land comprised and described in certificate of title, Volume 1, folio 236, Taranaki Registry.

    (6) The land to which subsection (2) relates is more particularly described as follows:

    Any land vested in the Corporation either for town purposes or for town improvement purposes at the date of the commencement of this Act which the Corporation has not been authorised to sell by other enactments.

20 Removing certain land from the provisions of subsection (3) of section 5 of the Paritutu Centennial Park Act 1938
  • [Repealed]

    Section 20: repealed, on 21 September 1968, by section 7(1) of the Paritutu Centennial Park 1968 (1968 No 8 (L)).

21 Vesting certain land in the University of Otago and declaring certain land to be public street
  • Whereas Block XXIX, Town of Dunedin, was granted to the Superintendent of the Province of Otago in trust for the purposes of public recreation for the Town of Dunedin and its inhabitants, in the year 1865:

    And whereas the Dunedin Reserves Management Ordinance 1865 authorised the Superintendent of the Province of Otago to vest the management of parts of that Block in the Corporation of the City of Dunedin in trust for those purposes:

    And whereas that authority was not exercised:

    And whereas with the abolition of provincial government in New Zealand in the year 1876 the said Block became vested in the Crown in trust for the said purposes:

    And whereas portion of the Block was vested in the University of Otago by the Otago Museum Act 1877 in trust for a museum:

    And whereas portion of the Block, including part of the portion vested in the said University in trust for a museum, is occupied by University buildings:

    And whereas 2 small portions are used as public street:

    And whereas it is desirable to vest the portions used for university purposes in the said University and to declare the portions used as public street to be public street:

    Be it therefore enacted as follows:

    (1) The land described in subsection (5) is hereby vested in the University of Otago as a reserve for university purposes subject to the Reserves and Domains Act 1953.

    (2) The land described in subsection (6) is hereby declared to be public street subject to the Municipal Corporations Act 1954.

    (3) All trusts, reservations, and restrictions affecting the land described in subsections (5) and (6) immediately before the passing of this Act are hereby cancelled.

    (4) The District Land Registrar for the Otago Land Registration District is hereby authorised and directed to make such entries in the register books and to do all such other things as may be necessary to give effect to the provisions of this section.

    (5) The land vested in the University of Otago as a reserve for university purposes by subsection (1) is particularly described as follows:

    All that area in the Otago Land District containing 1 acre 1 rood 36 perches and 45 one-hundredths of a perch, more or less, being Lots 4 and 5, Deposited Plan Number 10554, being Sections 29, 32, 33, and part Sections 27, 28, 30, 31, and 34, Block XXIX, Town of Dunedin, and being the land comprised and described in balance certificate of title, Volume 301, folio 97, and part Deeds Indices C 688, C 689, and balance Deeds Index C 690, Otago Registry.

    (6) The land declared to be public street by subsection (2) is particularly described as follows:

    All that area in the Otago Land District containing eighteen hundredths of a perch, more or less, being Lot 6, Deposited Plan Number 10554, being part Section 30, Block XXIX, Town of Dunedin, and being part of the land comprised and described in Deeds Index C 688, Otago Registry.

    Also, all that area in the Otago Land District containing eighteen hundredths of a perch, more or less, being Lot 7, Deposited Plan Number 10554, being part Section 31, Block XXIX, Town of Dunedin, and being part of the land comprised and described in Deeds Index C 689, Otago Registry.

22 Adding portions of a sanatorium reserve in Rotorua to the Rotorua Domain
  • Whereas the land described in subsections (8) to (10) is a public reserve for sanatorium purposes, subject to the Tourist and Health Resorts Control Act 1908, the control whereof is vested in the Minister for the time being having the administration of that Act (in this section referred to as the Minister):

    And whereas the land includes the site of the Rotorua Bath-house building and agreement has been reached with the Rotorua City Council whereby the City Council acting in its capacity as the Rotorua Domain Board (in this section referred to as the Board) will take over the control of the building and convert it for use as a community centre subject to payment by the Crown of the sum of 60,000 pounds:

    And whereas it has also been agreed that certain land adjacent to that building will be made available to the Board for a site for a sports stadium, and that certain roadways providing access to the bath-house building and proposed stadium shall also be controlled by the Board, subject to the reservation of rights of way appurtenant to the balance of the said reserve:

    And whereas it has also been agreed that provision be made for part of the reserve to be declared a wildlife sanctuary:

    Be it therefore enacted as follows:

    (1) The land described in subsections (8) and (9) is hereby declared to be no longer subject to the provisions of the Tourist and Health Resorts Control Act 1908, and the vesting of the control of the said land in the Minister of the Crown for the time being having the administration of the Tourist and Health Resorts Control Act 1908 is hereby declared to have ceased with the commencement of this Act.

    (2) The reservation for sanatorium purposes over the land described in subsections (8) and (9) is hereby revoked.

    (3) The land described in subsection (8) is hereby declared to be a recreation reserve, subject to the provisions of Part 3 of the Reserves and Domains Act 1953, forming part of the Rotorua Domain under the control of the Board, subject to the provisions of subsections (4) and (5).

    (4) The Board shall administer the land thirdly described in subsection (8) for the purposes of vehicular and pedestrian access to the other land described in that subsection and to the land described in subsection (10) and shall, to the satisfaction of the Minister, improve and at all times maintain the carriageways already constructed on the said land thirdly described to a standard suitable for use by heavy traffic.

    (5) The land thirdly described in subsection (8) shall be subject to the right of Her Majesty the Queen as owner of the land described in subsection (10) to the full, free, uninterrupted, and unrestricted right, liberty, and privilege for herself, her servants, tenants, agents, workmen, licensees, and invitees, and of all persons having business with her or them, and of all persons authorised by the Minister, in common with the Board and its tenants, and any other person lawfully entitled to do so, from time to time and at all times by day and by night to go, pass, and repass, with or without horses, vehicles, motor vehicles, machinery, and implements of any kind, over and along the said land thirdly described for all purposes connected with the use and enjoyment of the land described in subsection (10).

    (6) The Board shall without further authority than this section be paid out of money appropriated by Parliament for the purpose the sum of 60,000 pounds, in 3 equal annual instalments, to be applied by the Board towards the cost of repairs and alterations to the bath-house building and the cost of the carriageway improvements referred to in subsection (4). The first such instalment shall be paid in the year ending with 31 March 1964, the second in the year ending with 31 March 1965, and the third in the year ending with 31 March 1966.

    (7) The Governor-General is hereby empowered to declare the land described in subsection (9) to be a wildlife sanctuary under section 9 of the Wildlife Act 1953.

    (8) The land added to the Rotorua Domain by this section is more particularly described as follows:

    Firstly, all that area in the South Auckland Land District containing 1 acre 30 perches, approximately, being Lot 2 of a subdivision of Section 2, Block I, Tarawera Survey District; as more particularly shown on SO Plan 42367, lodged in the office of the Chief Surveyor at Hamilton, and thereon edged red and marked Bath-house Site.

    Secondly, all that area in the South Auckland Land District containing 11 acres 1 rood 20 perches, approximately, being Lot 1 of a subdivision of Section 2, Block I, Tarawera Survey District; as more particularly shown on SO Plan 42367, lodged in the office of the Chief Surveyor at Hamilton, and thereon edged red and marked Sports Stadium Site.

    Thirdly, all that area in the South Auckland Land District containing 3 acres and 30 perches, approximately, being Lot 3 of a subdivision of Section 2, Block I, Tarawera Survey District; as more particularly shown on SO Plan 42367, lodged in the office of the Chief Surveyor at Hamilton, and thereon coloured red and marked Access Strip.

    (9) The land to be declared a wildlife sanctuary under subsection (7) is more particularly described as follows:

    All that area in the South Auckland Land District containing 2 acres 2 roods 30 perches, approximately, being Lot 4 of a subdivision of Section 2, Block I, Tarawera Survey District, as more particularly shown on SO Plan 42367, lodged in the office of the Chief Surveyor at Hamilton, and thereon edged red and marked Wildlife Sanctuary.

    (10) The balance of the sanatorium reserve remaining under the control of the Minister is more particularly described as follows:

    All that area in the South Auckland Land District containing 117 acres 2 roods 13 perches, approximately, being Lots 5, 6, 7, and 8 of a subdivision of Section 2, Block I, Tarawera Survey District; as more particularly shown on SO Plan 42367, lodged in the office of the Chief Surveyor at Hamilton, and thereon edged red and marked Balance Area.

23 Authorising the taking for the purposes of a motorway of parts of the Auckland (Symonds Street) Cemeteries
  • Whereas by the Auckland (Symonds Street) Cemeteries Act 1908 the land described in subsection (5) (in this section referred to as the said land), being part of the closed cemeteries situated at Symonds Street in the City of Auckland, is vested in the Corporation of the City of Auckland (in this section referred to as the Corporation) for maintenance in good order as a public reserve:

    And whereas the said land or part thereof is required for the construction of the Newton-Newmarket motorway:

    And whereas it is desirable and expedient that special provision be made to authorise the said land, or so much thereof as is required, to be taken for a public work pursuant to the Public Works Act 1928 and to provide for the interment of human remains disturbed by the construction of the motorway:

    Be it therefore enacted as follows:

    (1) The Governor-General is hereby empowered to take the said land or any part thereof under the provisions of the Public Works Act 1928 for the purposes of a motorway, freed and discharged from all trusts, reservations, and restrictions theretofore affecting the same.

    (2) Notwithstanding the provisions of the Public Works Act 1928 or of any other Act or rule of law, no compensation shall be payable by the Minister of Works to the Corporation in respect of the taking of the said land or any part thereof for the said purposes, but if it shall be necessary to purchase any additional land for reinterments in terms of subsection (3) that land, being land which the Corporation agrees is satisfactory, shall be purchased in the name of the Corporation and be paid for by the Minister of Works.

    (3) Notwithstanding the provisions of the Cemeteries Act 1908 or of any other Act or rule of law, the Minister of Works may construct a motorway on the said land and wherever the construction of the motorway interferes with or disturbs any human remains on the said land such remains shall be reinterred in a respectful and fitting manner in a place approved by the Minister of Health and subject to such directions as the Minister of Health in his absolute discretion shall think fit to give to the Minister of Works in the matter. It shall also be lawful for the Minister of Health to approve the reinterment of such remains in any part of the land described in Schedule 1 of the Auckland (Symonds Street) Cemeteries Act 1908.

    (4) The Minister of Works is hereby empowered to remove any headstones, monuments, and grave surrounds at present erected on the said land, and any such headstones, monuments, and grave surrounds so removed shall be re-erected by him to the satisfaction of the Corporation in a position approved by the Minister of Health or shall be disposed of to the satisfaction of the last-mentioned Minister.

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

    Firstly, all that area in the North Auckland Land District containing 3 acres and 34 perches, more or less, being part Lot 1 on Deposited Plan No 18958, being part of Allotment 22, Section 7, Suburbs of Auckland.

    Secondly, all that area in the North Auckland Land District, containing 4 acres 3 roods 36 perches, more or less, being part Lot 2 on Deposited Plan No 18958, being part of section 15, Suburbs of Auckland.

    Both being situated in Block XVI, Waitemata Survey District, and being parts of the land comprised and described in certificate of title, Volume 428, folio 235, Auckland Registry; as shown on the plan marked L and S 13/108/94, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.


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 1963. The reprint incorporates all the amendments to the Act as at 18 December 1992, 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)
  • Ocean Beach Public Domain (Repeal and Vesting) Act 1992 (1992 No 7 (L)): section 5

    Paritutu Centennial Park 1968 (1968 No 8 (L)): section 7(1)