Reserves and Other Lands Disposal Act 1971

Reserves and Other Lands Disposal Act 1971

Public Act1971 No 141
Date of assent9 December 1971
Note

This Act is administered in the Department of Lands and Survey.

An Act to provide for the vesting, leasing, and other disposition of certain reserves, Crown land, and other land, to validate and confirm certain notices and other transactions, and to make provision in respect of certain other matters relating to land

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title

  • This Act may be cited as the Reserves and Other Lands Disposal Act 1971.

2 Closing the Chaslands Cemetery, and declaring the land to be a scenic reserve forming part of the Tautuku Bay Scenic Reserve

  • Whereas the land first described in subsection (3) of this section was, by Warrant dated the 26th day of November 1898 and published in the Gazette of that year at page 1948, permanently reserved for the purposes of a public cemetery pursuant to section 236 of the Land Act 1892 [Repealed]: And whereas certain persons were appointed to be the trustees of the cemetery, then known as the Heathfield Cemetery but now known as the Chaslands Cemetery, on the 12th day of August 1899 under section 6 of the Cemeteries Act 1882, and the land thereupon vested in accordance with section 8 of that Act in those trustees: And whereas in consequence of those trustees ceasing to hold office, certain other persons were from time to time appointed to be the trustees of the cemetery under section 4 of the Cemeteries Act 1908, and the land was from time to time vested in accordance with section 11 of that Act in the persons who were for the time being those trustees: And whereas the last surviving trustee of the cemetery died in 1963 and no further trustees have since been appointed: And whereas no persons are willing to be appointed to be the trustees of the cemetery: And whereas the land was in February 1969 resurveyed and subdivided into the respective parcels of lands secondly, thirdly, and fourthly described in subsection (3) of this section (the total area of those parcels being ascertained as the correct area of the land first described in that subsection): And whereas the lands secondly and thirdly described in subsection (3) of this section had never been used and were not required for cemetery purposes: And whereas the Minister of Lands, by notice dated the 17th day of June 1969 and published in the Gazette of that year at page 1130, pursuant to the Reserves and Domains Act 1953, revoked the reservation for cemetery purposes of the lands secondly and thirdly described in subsection (3) of this section: And whereas the Minister of Lands, by notice dated the 17th day of June 1969 and published in the Gazette of that year at page 1130, set apart as a reserve for scenic purposes pursuant to the Land Act 1948 the land secondly described in subsection (3) of this section, and pursuant to the Reserves and Domains Act 1953 declared that reserve to form part of the Tautuku Bay Scenic Reserve, to be administered as a scenic reserve by the Southeast Otago Scenic Board appointed under the Reserves and Domains Act 1953 (in this section referred to as the Board): And whereas there have been no burials for many years in the land fourthly described in subsection (3) of this section, being the land now comprising the Chaslands Cemetery: And whereas it is desired to close the cemetery: And whereas by virtue of section 43 of the Burial and Cremation Act 1964 the land fourthly described in subsection (3) of this section may not be sold or leased or otherwise disposed of or diverted to any other purpose: And whereas it is desired to set apart the land fourthly described in subsection (3) of this section as a reserve for scenic purposes to be part of the Tautuku Bay Scenic Reserve administered by the Board: Be it therefore enacted as follows:

    (1) The cemetery on the land fourthly described in subsection (3) of this section shall, as from the passing of this Act, be deemed to be closed in accordance with the Burial and Cremation Act 1964 and, notwithstanding sections 41 and 42 of that Act, no further burials shall take place in that cemetery.

    (2) Notwithstanding section 43 of the Burial and Cremation Act 1964 or any other enactment or rule of law, the land fourthly described in subsection (3) of this section is hereby declared to be set apart as a reserve for scenic purposes, and to be part of the Tautuku Bay Scenic Reserve to be administered by the Board subject to the Reserves and Domains Act 1953 but otherwise freed and discharged from all trusts, reservations, and restrictions affecting that land.

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

    First, all that area of land in the Otago Land District, containing 9 acres and 36 perches, more or less, being Section 4, Block X, Tautuku Survey District (SO Plan 235M).

    Secondly, all that area of land in the Otago Land District, containing 3 acres, 3 roods, and 32.2 perches, more or less, being Section 31 (formerly part of Section 4), Block X, Tautuku Survey District (SO Plan 16800).

    Thirdly, all that area of land in the Otago Land District, containing 2 acres, 3 roods, and 30 perches, more or less, being Section 29 (formerly part of Section 4), Block X, Tautuku Survey District (SO Plan 16800).

    Fourthly, all that area of land in the Otago Land District, containing 1 acre, 3 roods, and 30.8 perches, more or less, being section 30 (balance of section 4), Block X, Tautuku Survey District (SO Plan 16800).

3 Cancelling the reservation of portion of Arthur Pass National Park

  • Whereas by section 61 of the National Parks Act 1952 [Repealed] (in this section referred to as the principal Act) the reservation of the portion of the Arthur Pass National Park described in Schedule 9 to the principal Act was cancelled and such land was declared to be Crown land within the meaning of the Land Act 1948: And whereas it was intended that the reservation of certain other land comprising portion of that National Park be also cancelled and the land declared to be Crown land within the meaning of the Land Act 1948, but such other land was inadvertently omitted from Schedule 9 to the principal Act: And whereas it is desired that the reservation of such other land should be cancelled and the land declared to be Crown land as aforesaid: Be it therefore enacted as follows:

    Schedule 9 to the principal Act is hereby amended, as from the passing of that Act—

    • (a) By omitting from the first paragraph of that Schedule the expression “20.3 perches”, and substituting the expression “38.3 perches”:

    • (b) By omitting from the seventh paragraph of that Schedule the words “1 acre 04.5 perches, more or less, being Town Sections 1A to 8A inclusive”, and substituting the words “1 acre 22.5 perches, more or less, being Town Sections 1A to 9A inclusive”.

4 Validating the cancellation of the vesting in the Queenstown Borough Council of parts of the Queenstown commonage, and the changing of the purposes of those parts

  • Whereas the Superintendent of the Province of Otago, by notice dated the 5th day of January 1870 and published in the Otago Provincial Gazette of that year at page 2, made and dedicated certain land in the Province of Otago as a reserve for the use of the inhabitants of the Town of Queenstown as a commonage: And whereas that commonage is vested in the Mayor, Councillors, and Citizens of the Borough of Queenstown (in this section referred to as the Corporation) subject to the Queenstown Commonage Reserve Management Act 1876: And whereas the lands first and secondly described in subsection (2) of this section are parts of that commonage: And whereas the Minister of Lands, by notice dated the 13th day of March 1959 and published in the Gazette of that year at page 360, purported pursuant to the Reserves and Domains Act 1953 to cancel the vesting in the Corporation of the land first described in subsection (2) of this section, and to change the purpose of that land from a reserve for the purpose of a common for the use of the inhabitants of the Town of Queenstown to a reserve for a site for a Girl Guides' camp: And whereas the Minister of Lands, by notice dated the 23rd day of February 1965 and published in the Gazette of that year at page 258, purported pursuant to the Reserves and Domains Act 1953 to cancel the vesting in the Corporation of the land secondly described in subsection (2) of this section, and to change the purpose of that land from a reserve for the purpose of a common as aforesaid to a reserve for a site for a Youth Hostel and holiday camp: And whereas the Minister of Lands has no power under the Reserves and Domains Act 1953 to cancel the vesting in the Corporation of either of the lands first and secondly described in subsection (2) of this section, or to change the purpose of either of those lands in the manner in which he so purported to do: And whereas it is desired that the Minister's actions be validated: Be it therefore enacted as follows:

    (1) Notwithstanding the Queenstown Commonage Reserve Management Act 1876 or subsection (2) of section 11 of the Reserves and Domains Act 1953 or any other enactment or rule of law, the Minister of Lands shall be deemed to have been at all times empowered under the Reserves and Domains Act 1953 to—

    • (a) Cancel the vesting in the Corporation of the land first and secondly described in subsection (2) of this section; and

    • (b) Change the purpose of the land first described from a reserve for the purposes of a common for the use of the inhabitants of the Town of Queenstown to a reserve for a site for a Girl Guides' camp; and

    • (c) Change the purpose of the land secondly described from a reserve for the purpose of a common for the use of the inhabitants of the Town of Queenstown to a reserve for a site for a Youth Hostel and holiday camp—

    and the cancellation of the vesting in the Corporation of those lands and the changes of the purposes of those lands by the Minister as aforesaid shall for all purposes without further authority than this section be valid and effective according to their tenor.

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

    First, all that area in the Otago Land District, Borough of Queenstown, containing 2 acres and 9.22 perches, more or less, being Section 95 (formerly part Section 19), Block XX, Shotover Survey District; as more particularly shown on SO Plan 12530 lodged in the office of the Chief Surveyor at Dunedin, and thereon edged red, and being part of the land comprised and described in certificate of title, Volume 109, folio 294, Otago Land Registry.

    Secondly, all that area in the Otago Land District, Borough of Queenstown, containing 2 roods, more or less, being Section 97 (formerly part Section 19), Block XX, Shotover Survey District; as more particularly shown on SO Plan 13646 lodged in the office of the Chief Surveyor at Dunedin, and thereon edged red, and being part of the land comprised and described in certificate of title, Volume 109, folio 294, Otago Land Registry.

5 Applying section 31 of the Reserves and Domains Act 1953 in respect of the granting of licences to occupy boatsheds on public reserves in the Marlborough Sounds and Croisilles - French Pass area

  • [Repealed]

    Section 5 was repealed, as from 16 December 1982, by section 7(12) Reserves and Other Lands Disposal Act 1982 (1982 No 133).

6 Vesting in the Canterbury Provincial Buildings Board the balance of the land on which the Canterbury Provincial Council buildings are situated, and enabling the Board to make structural alterations to the buildings

  • Whereas by the Canterbury Provincial Buildings Vesting Act 1928 (in this section referred to as the principal Act) certain land on which is situated portion of the Canterbury Provincial Council buildings was vested for an estate in fee-simple in the Canterbury Provincial Buildings Board established by that Act, to be held in trust and maintained together with the portion of those buildings thereon as a memorial of the foundation of the Province of Canterbury: And whereas it is now desired to vest in the Board for an estate in fee-simple certain other land adjacent thereto on which is situated the remaining portion of those buildings, to be held in trust for the same purposes as the land and portion of those buildings first mentioned, with effect from the 1st day of January 1971: And whereas the Board has no power to make any structural alterations to those buildings: And whereas it is desired for the better use of those buildings to confer power on the Board to make such alterations with the consent of the Minister of Conservation: Be it therefore enacted as follows:

    (1) This section shall be deemed to have come into force on the 1st day of January 1971.

    (2) Section 7 of the principal Act (as amended by section 2(1) of the Reserves and Other Lands Disposal Act 1937) is hereby further amended by omitting from subsection (1) the words “First and Second Schedules”, and substituting the words “First, Second, and Third Schedules”.

    (3) The said section 7 (as amended by section 2(1) of the Reserves and Other Lands Disposal Act 1937) is hereby further amended by inserting in subsection (3), after the words “on the said land or”, the words “, without the prior consent in writing of the Minister of Lands,”.

    (4) The principal Act is hereby further amended by adding the following Schedule:

    Third Schedule

    ALL that area of land in the Canterbury Land District, containing 2 roods and 35.5 perches, more or less, being part Reserve 11 and part Stopped Road situated in Block XI, Christchurch Survey District; part of which land is comprised and described in the balance of Deeds Index C 611; as more particularly shown on SO Plan 11711, lodged in the office of the Chief Surveyor at Christchurch, and thereon edged red.

    The Preamble to section 6 was amended, as from 31 March 1987, by section 65(1) Conservation Act 1987 which substituted the word “Conservation” for the word “Lands”.

7 Empowering the Auckland Harbour Board to give and lease certain lands to the Auckland Regional Authority

  • Whereas the lands first and secondly described in subsection (4) of this section are vested in the Auckland Harbour Board (in this section referred to as the Board) as an endowment: And whereas the year 1971 is the centennial of the constitution of the Board: And whereas the Board desires to mark the occasion by transferring those lands to the Auckland Regional Authority (in this section referred to as the Authority) by way of gift as a scenic park to be added to and form part of the Auckland Centennial Memorial Park for the use and enjoyment of the inhabitants of the Auckland region: And whereas the Board has no power to so transfer those lands: And whereas the Board on the 15th day of February 1971 agreed with the Authority to lease to the Authority the lands thirdly, fourthly, and fifthly described in subsection (4) of this section for the purposes of a reserve for a term of 50 years at a peppercorn rental on certain terms and conditions: And whereas that agreement does not comply with the provisions of the Public Bodies Leases Act 1969 [Repealed], which requires that a lease (other than a lease of farm land) either be sold by public auction or public tender, or offered only after calling of public applications in accordance with that Act, and also requires that a lease take effect in possession within 6 months after being granted, and also requires that a rack rent be reserved in a lease: And whereas it is desired to validate the agreement made between the Board and the Authority and to empower the Board to grant on lease and the Authority to take on lease the lands thirdly, fourthly, and fifthly described in subsection (4) of this section in accordance with that agreement: Be it therefore enacted as follows:

    (1) Notwithstanding any other enactment or rule of law, the Board may transfer to the Authority by way of gift the fee-simple of the lands first and secondly described in subsection (4) of this section for the purposes referred to in subsection (2) of this section but otherwise freed and discharged from all trusts, reservations, and restrictions affecting those lands.

    (2) The lands first and secondly described in subsection (4) of this section shall, on being transferred to the Authority, be additions to the Auckland Centennial Memorial Park for the purposes of subsection (4) of section 44 of the Auckland Regional Authority Act 1963, and shall form part of that Park to be held by the Authority in accordance with the said subsection (4) of section 44.

    (3) Notwithstanding section 8, section 9, section 17, section 18, or section 19 of the Public Bodies Leases Act 1969 [Repealed] or any other enactment or rule of law, the agreement made on the 15th day of February 1971 between the Board and the Authority for the lease of the lands thirdly, fourthly, and fifthly described in subsection (4) of this section for a term of 50 years at a peppercorn rental and on the other terms and conditions contained in the agreement shall for all purposes without further authority than this section be valid and effective according to its tenor; and the Board may grant on lease to the Authority and the Authority may take on lease from the Board those lands, for the term and at the rental and subject to and in accordance with the other terms and conditions contained in the agreement.

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

    First, all that area of land, containing 54 acres, 2 roods, and 10.2 perches, more or less, being part of Allotment 32 of the Karangahape Parish, situated in Block IX, Titirangi Survey District; being the balance of the land comprised and described in certificate of title, Volume 945, folio 235 (North Auckland Land Registry) (limited as to parcels and title).

    Secondly, all that piece of closed road, containing 3 perches, more or less, situated in Block IX, Titirangi Survey District, adjoining part Allotment 32, Karangahape Parish; as the same is more particularly delineated on SO Plan 46235 lodged in the office of the Chief Surveyor at Auckland, and thereon coloured green.

    Thirdly, all that area of land, containing 18 acres, 2 roods, and 9 perches, more or less, being Allotments 123 and 124, Karangahape Parish, situated in Block VI, Waitakere Survey District; being all of the land comprised and described in certificate of title, Volume 320, folio 26 (North Auckland Land Registry) (SO Plan 20503).

    Fourthly, all that area of land, containing 1 acre, 3 roods, and 17.8 perches, more or less, being Allotment 161, Karangahape Parish, situated in Block VI, Waitakere Survey Parish; being all of the land comprised and described in certificate of title, Volume 19A, folio 856 (North Auckland Land Registry) (SO Plan 20503).

    Fifthly, all that area of land, containing 950 acres, more or less, being parts of Allotment 34, Karangahape Parish, situated in Block VI, Waitakere Survey District; being all of the land comprised and described in certificate of title, Volume 945, folio 245 (North Auckland Land Registry) (limited as to parcels and title).

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

  • Whereas the lands described in subsection (2) of this section are set apart as permanent State forest land under the Forests Act 1949; And whereas it is desired that those lands should be declared to be Crown land subject to the Land Act 1948: Be it therefore enacted as follows:

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

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

    First, all that area of land in the North Auckland Land District, containing 15 acres and 18 perches, more or less, being Section 8, Block XIV, Punakitere Survey District (SO Plan 13972).

    Secondly, all that area of land in the South Auckland Land District, containing 189 acres, 2 roods, and 20 perches, more or less, being part Section 2, Block XII, Hastings Survey District, and being all the land shown on SO Plan 45304 lodged in the office of the Chief Surveyor at Hamilton.

    Thirdly, all that area of land in the South Auckland Land District, containing 283 acres, 1 rood, and 24 perches, more or less, being part Section 7, Block XII, Tairua Survey District, part certificate of title, Volume 338, folio 131, and part Wharekawa East No 1 Block situated in Blocks VIII and XII, Tairua Survey District, and being all the land shown on SO Plan 45180 lodged in the office of the Chief Surveyor at Hamilton.

    Fourthly, all that area of land in the South Auckland Land District, containing 163 acres and 19 perches, more or less, being Section 4 and part Sections 3, 5, and 24, Block IX, Hurakia Survey District, and being all of the land shown on SO Plan 45443 lodged in the office of the Chief Surveyor at Hamilton.

    Fifthly, all that area of land in the South Auckland Land District, containing 33 acres and 17.6 perches, more or less, being parts Sections 1, 2, and 30, Block III, Rotoma Survey District, and part Section 3, Block XI, Waihi South Survey District, and being all the land shown on SO Plan 45565 lodged in the office of the Chief Surveyor at Hamilton.

    Sixthly, all that area of land in the Wellington Land District, containing 1 rood, more or less, being Section 1, Block II, Town of Waimarino, situated in Block XVI, Kaitieke Survey District, and being all of the land comprised and described in certificate of title, Volume 529, folio 68, Wellington Land Registry (SO Plan 16164).

    Seventhly, all those various parcels of land in the Nelson Land District, being part Section 15, Block I, Gordon Survey District, containing 2 acres and 20 perches, more or less, being part of the land comprised and described in certificate of title, Volume 98, folio 14. As shown washed blue on SO Plan 10738L. Part Section 2, Block I, Gordon Survey District, containing 2 acres and 33 perches, more or less. As shown washed blue on SO Plan 10738L. Part Section 50, District of Upper Motueka, situated in Block I, Gordon Survey District, containing 39 acres and 26 perches, more or less, being part of the land comprised and described in certificate of title, Volume 98, folio 14. As shown bordered red on SO Plan 10660. Part Section 51, District of Upper Motueka (part DP 2600), situated in Block I, Gordon Survey District, containing 3 acres and 10 perches, more or less, being part of the land comprised and described in certificate of title, Volume 79, folio 190. As shown washed sepia on SO Plan 10647L. Part Section 51, District of Upper Motueka (part DP 2600), situated in Block I, Gordon Survey District, containing 2 roods and 28 perches, more or less, being part of the land comprised and described in certificate of title, Volume 79, folio 190. As shown washed orange on SO Plan 10647L. Part Lots 2 and 4, DP 1232, being part Section 51, District of Upper Motueka, and part Section 17, Block I, Gordon Survey District, containing 3 roods and 12.6 perches, more or less, being part of the land comprised and described in certificate of title, Volume 49, folio 181. As shown washed sepia on SO Plan 10647L. Part State forest, being part Closed Road, Block I, Gordon Survey District, containing 16 perches, more or less. As shown washed orange on SO Plan 10647L.

    Eighthly, all that area of land in the Nelson Land District, containing 285 acres and 33 perches, more or less, being Section 37, Block II, Kongahu Survey District (SO Plan 6250L).

    Ninthly, all that area of land in the Nelson Land District, containing 116 acres, 2 roods, and 34 perches, more or less, being part Sections 8, 9, 10, and 11, Block VII, Tadmor Survey District (SO Plan 11001).

    Tenthly, all those areas of land in the Westland Land District, containing 363 acres, more or less, being parts Reserve 1594 situated in Blocks IX and X, Mawheraiti Survey District, and being all of the land shown on SO Plan 5848 lodged in the office of the Chief Surveyor at Hokitika.

    Eleventhly, all that area of land in the Westland Land District, containing 230 acres, more or less, being part Reserve 1576 situated in Blocks XI and XV, Te Kinga Survey District, and being all the land shown on SO Plan 5850 lodged in the office of the Chief Surveyor at Hokitika.

    Twelfthly, all that area of land in the Canterbury Land District, containing 1 acre, 1 rood, and 25.8 perches, more or less, being Lot 8, Deposited Plan 23526, being part Reserve 3315 situated in Block VIII, Hutt Survey District. Lot 11, Deposited Plan 23526, being part Rural Section 32444 situated in Block VIII, Hutt Survey District. Being part of the land comprised and described in certificate of title, Volume 172, folio 291. Lot 14, Deposited Plan 23526, being part Reserve 3315 situated in Blocks VIII and IX, Hutt Survey District. Lot 16, Deposited Plan 23526, being part Reserve 3315 situated in Block IX, Hutt Survey District. Lot 18, Deposited Plan 23526, being part Reserve 4760 situated in Block IX, Hutt Survey District.

    Thirteenthly, all that area of land in the Canterbury Land District, containing 46 acres, 2 roods, and 10 perches, more or less, being parts Reserve 3347 situated in Block V, Waimate Survey District (SO Plan 11648).

    Fourteenthly, all that area of land in the Southland Land District, containing 1,811 acres, more or less, being all that land situated in Blocks XXXI, XXXV, and XXXVI, Takitimu Survey District, and being all of the land shown on SO Plan 8150 lodged in the office of the Chief Surveyor at Invercargill.

9 Revoking the reservation for the purpose of a railway of certain land in the Lake Sumner area

  • Whereas, by Warrant dated the 11th day of October 1877 and published in the Gazette of that year at page 1011, the land described in subsection (2) of this section was reserved for the purpose of a railway pursuant to the Canterbury Land Regulations and the Waste Lands Administration Act 1876 [Repealed]: And whereas that reservation purported to include part of Reserve 115, and also Rural Section No 6361, and also certain roads that had been laid off on maps of the Chief Surveyor before the 11th day of October 1877 for the purposes of access to Rural Section No 6361: And whereas the reservation for the purpose of a railway did not include the other reserve or that rural section or those roads: And whereas the land described in subsection (2) of this section has never been used and is no longer required for the purpose of a railway: And whereas, by a Proclamation dated the 13th day of August 1898 and published in the Gazette of that year at page 1457, certain parts of the land described in subsection (2) of this section were purportedly set apart pursuant to the New Zealand State Forests Act 1885 [Repealed] as and for State forests within the meaning of that Act: And whereas there was no authority in that Act to do so: And whereas it is desirable that those parts of the land described in subsection (2) of this section should have been set apart as and for State forests on the date on which they were purportedly set apart: Be it therefore enacted as follows:

    (1) The said reservation for the purpose of a railway of the land described in subsection (2) of this section shall be deemed to have been revoked on the 12th day of August 1898.

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

    All that tract of land 40 chains wide, commencing at the western end of Reserve No 868; thence following along the southern shore of Lake Sumner and the slopes of the hills on the south side of Hurunui Valley to the summit of the dividing range, a distance of about 22 miles; but excluding therefrom Reserve 2629.

10 Empowering the Dunedin Ocean Beach Domain Board to exchange land, and vesting certain Crown land in the Board

  • [Repealed]

    Section 10 was repealed, as from 18 December 1992, by section 5 Ocean Beach Public Domain (Repeal and Vesting) Act 1992 (1992 No 7(L)).

11 Revoking a notice proclaiming a street in an unnamed domain in the Borough of Taupo to be closed

  • Whereas, by a notice dated the 14th day of November 1966 and published in the Gazette of that year at page 2247, the Minister of Works proclaimed that the street therein specified was closed pursuant to section 29 of the Public Works Amendment Act 1948 [Repealed]: And whereas it is now desired that the closed street should revert to its former status as a public street: Be it therefore enacted as follows:

    (1) The said notice dated the 14th day of November 1966 is hereby revoked.

    (2) The District Land Registrar for the Land Registration District of South Auckland is hereby authorised to make such entries in the appropriate register books of that Land Registration District and to do all such other things as are necessary to give effect to this section.