This Act may be cited as the Reserves and Other Lands Disposal Act 1975.

Whereas by Order in Council made pursuant to section 175 (as originally enacted) of the Harbours Act 1950 on 4 September 1961 and published in the Gazette of that year at page 1407 the Wellington Harbour Board (in this section called the Board) was authorised to reclaim certain land from the sea at Sunshine Bay, Wellington Harbour, which it has done:

And whereas part of the land has been subsequently lost through erosion, the balance being the land to which this section relates:

And whereas no Order in Council vesting the land in the Board was made under subsection (4) of the said section 175 before the repeal of that section:

And whereas no such order has been made under subsection  (2) of section 175B of the Harbours Act 1950 (as substituted by section 13 of the Harbours Amendment Act 1968):

And whereas the Board does not require the land for any of the purposes for which the Board was constituted:

And whereas the land is situated within the territorial boundaries of the Borough of Eastbourne and the Eastbourne Borough Council is desirous that the land be vested in the Mayor, Councillors, and Citizens of the said Borough (in this section collectively referred to as the Corporation) as a reserve for the purposes of a car park:

And whereas the Board is willing that the land be so vested subject to the reservation to the Board of the foreshore adjacent to the seaward side of the land as the same may from time to time be constituted:

And whereas it is expedient to make provision accordingly:

Be it therefore enacted as follows:

(1) Notwithstanding section 175 of the Harbours Act 1950, the land to which this section relates is hereby vested in the Corporation to be held by the Corporation as a reserve for car parking purposes subject to the Reserves and Domains Act 1953, but free from all other trusts, reservations, and restrictions.

(2) Notwithstanding subsection (1) or section 150 of the Harbours Act 1950, the foreshore on the seaward side of the land as from time to time constituted is hereby vested or (as the case may require) shall, on its formation, vest in the Board to be held by the Board for the purposes for which it was constituted.

(3) Notwithstanding any other enactment or rule of law to the contrary, any accretion that from time to time occurs between the foreshore and the seaward side of the land shall be deemed to be part of the land and to be vested in the Corporation under susbsection (1):

provided that if any such accretion at any time becomes foreshore it shall, whilst it remains foreshore, be deemed to be vested in the Board under subsection (2).

(4) In this section, the term foreshore has the meaning assigned to it by section 2 of the Harbours Act 1950.

(5) This section relates to the following land:

All that parcel of land situated in the Wellington Land District, containing 1 011 square metres, more or less, being situated in Block XVI, Belmont Survey District, and being Section 82 of the Harbour District (SO 28357).

Whereas the land to which this section relates is a portion of the Auckland Domain and as such is vested in the Corporation of the City of Auckland (in this section called the Corporation) upon the trusts declared by the Auckland Domain Vesting Act 1893:

And whereas the Corporation is desirous of using or letting the land for the purposes of a public car park:

And whereas it is expedient to make provision accordingly:

Be it therefore enacted as follows:

(1) Notwithstanding anything in the Auckland Domain Vesting Act 1893 or any other enactment, the Corporation is hereby empowered, in respect of the land to which this section relates,—

• (a) to use the land or any part of it for the purposes of a public car park, and to make such charges in respect of the use of the car park as it thinks fit; and

• (b) to lease the land or any part of it to any person, or to permit any person to use the land or any part of it, for the purposes of a public car park, for such period, not exceeding 1 year, for such consideration, and otherwise upon and subject to such terms and conditions as the Corporation thinks fit.

(2) This section relates to the following land:

All that parcel of land situated in the North Auckland Land District, containing 677 square metres, more or less, being part of the land on DP 21515, and being part of the Auckland Domain, situated in Block VIII, Rangitoto Survey District, being part of the land comprised and described in certificate of title, Volume 479, folio 229, North Auckland Registry, and shown marked B on SO 49380.

Whereas section 31 of the Reserves and Domains Act 1953 provides that all money received by way of rent, royalty, or otherwise in respect of any dealing with any public reserve (not being a domain) shall, where the reserve is vested in an administering body or an administering body has been appointed to control and manage the reserve, be held by the administering body and applied for the purposes of that Act:

And whereas all money from time to time held by the MacKenzie County Council (in this section referred to as the Council) in its Plantation Reserves Account is subject to the provisions of the said section 31:

And whereas it is expected that the amount that would otherwise be held in the Council's Plantation Reserves Account may from time to time exceed the amount that may reasonably be required for reserves purposes by the Council:

And whereas it is desirable that the Council be empowered to transfer from its Plantation Reserves Account to its General Account such sum or sums as the Council in its discretion may from time to time think fit:

Be it therefore enacted as follows:

Notwithstanding anything in section 31 of the Reserves and Domains Act 1953 or any other enactment, where, in the opinion of the Council, the money in its Plantation Reserves Account for the time being is more than is reasonably necessary to enable the Council to carry out its functions in accordance with the provisions of the Reserves and Domains Act 1953, the Council may transfer from its Plantation Reserves Account to its General Account such sum or sums as the Council in its discretion thinks fit.

Whereas by section 2 of the Reserves and Other Lands Disposal Act 1970 the land ninthly described in subsection (2) of that section, thitherto being land set apart as State forest land under the Forests Act 1949, was declared to be Crown land subject to the Land Act 1948:

And whereas because of an error in the description of that land it is desirable to revoke that declaration and to make fresh provision as hereinafter appears:

Be it therefore enacted as follows:

(1) Section 2 of the Reserves and Other Lands Disposal Act 1970 is hereby amended by repealing so much of subsection (2) as relates to the land ninthly described therein.

(2) The setting apart of the land described in subsection (3) as State forest land is hereby revoked, and the said land is hereby declared to be Crown land subject to the Land Act 1948.

(3) Subsection (2) relates to the following land:

All that parcel of land situated in the Westland Land District, containing 70.7000 hectares, more or less, being Rural Section 4777 (formerly parts Reserves 1597 and 1694), situated in Block III, Ahaura Survey District (SO 9388).

(4) This section shall be deemed to have come into force on 27 November 1970 (being the date of commencement of section 2 of the Reserves and Other Lands Disposal Act 1970).

Whereas on 30 January 1970 the Minister of Lands agreed to the revocation of the reservation for recreational purposes of certain land adjoining the Paritutu Centennial Park (in this section referred to as the Park) to the intent that the land be held by Her Majesty the Queen under and for the purposes of the Housing Act 1955:

And whereas it was a condition of the Minister's agreement as aforesaid that an area of land of equivalent value be made available as a reserve for recreational purposes and it has now been agreed that the land first described in subsection (2) shall be made available accordingly:

And whereas by notice pursuant to section 35 of the Public Works Act 1928 dated 24 September 1973 and published in the Gazette on 11 October 1973 at page 1957 the Minister of Works declared the land secondly described in subsection (2), being land acquired for a government work but not required for that purpose, to be Crown land subject to the Land Act 1948:

And whereas it is proposed to set aside the land secondly described in subsection (2) as a reserve contribution in lieu of the requirements of section 351A of the Municipal Corporations Act 1954:

And whereas it is desirable that the land first described in subsection (2) be added to and form part of the Park:

Be it therefore enacted as follows:

(1) Notwithstanding anything in the Land Act 1948 or the Housing Act 1955 or any other enactment, the land first described and the land secondly described in subsection (2) is hereby vested in the Mayor, Councillors, and Citizens of the City of New Plymouth upon trust as a reserve for recreational purposes to the intent that such piece of land be added to and form part of the Park.

(2) This section relates to the following land:

First, all that parcel of land in the Taranaki Land District, containing 1.4543 hectares, more or less, being situated in the City of New Plymouth and being Lot 63 on Deposited Plan 10427, and being part Section 60, Block IV, Paritutu Survey District, and being the whole of the land comprised and described in certificate of title, Volume C3, folio 139, Taranaki Land Registry.

Secondly, all that parcel of land in the Taranaki Land District, containing 1.5504 hectares, more or less, being situated in the City of New Plymouth, and being Lot 64 on Deposited Plan 10427, and being part Sections 58 and 60, Block IV, Paritutu Survey District, and being the whole of the land comprised and described in Gazette Notice 207653, Taranaki Land Registry.

Whereas the land first described in subsection (3) (in this section referred to as the hall site) is vested in the Forest Gate Domain Board, a board duly incorporated under the Public Reserves and Domains Act 1908 (in this section referred to as the Board) as a reserve for the purposes of a public hall:

And whereas the land secondly described in subsection (3) (in this section referred to as the war memorial site) is vested in the Board as a reserve for the purposes of a war memorial:

And whereas it has been agreed by and between the Board and the Waipawa County Council (in this section referred to as the Council) that the hall site and the war memorial site should be vested in the Council for the same purposes:

And whereas the Board has no power to transfer land:

Be it therefore enacted as follows:

(1) The land first described in subsection (3) is hereby vested in the Chairman, Councillors, and Inhabitants of the County of Waipawa upon trust as a reserve for the purposes of a public hall.

(2) The land secondly described in subsection (3) is hereby vested in the said Chairman, Councillors, and Inhabitants of the County of Waipawa upon trust as a reserve for the purposes of a war memorial.

(3) This section relates to the following land:

First, all that parcel of land in the Hawke's Bay Land District, containing 1 618 square metres, more or less, being situated in Block VIII, Ruataniwha Survey District, being part Block 43, Ruataniwha Crown Grant District, and being also Lot 5 on Deeds Plan 77 (Onga Onga), and being the whole of the land comprised and described in certificate of title, Volume 54, folio 133, Hawke's Bay Land Registry.

Secondly, all that parcel of land in the Hawke's Bay Land District, containing 6 075 square metres, more or less, being situated in Block VIII, Ruataniwha Survey District, being part Block 43, Ruataniwha Crown Grant District, and being also Lots 10 to 15 on Deeds Plan 316 (SO 6233).

Whereas the land to which this section relates presently comprises part of the Urewera National Park:

And whereas it is proposed to exclude the land from the Park so that it may be used for forestry purposes:

And whereas by section 10(2) of the National Parks Act 1952 no land may be excluded from any National Park except by Act of Parliament:

Be it therefore enacted as follows:

(1) The setting apart of the land to which this section relates as National Park is hereby revoked, and the land is hereby declared to be Crown land subject to the Land Act 1948.

(2) This section relates to the following land:

All that parcel of land in the Gisborne Land District, containing 110 hectares, more or less, being situated in Block XIV, Koranga West Survey District, and being Section 4, Urewera Registration District (SO 6482).

Whereas by notice dated 11 February 1860 and published in the Nelson Provincial Gazette of that year at page 5 the land first described in subsection (5) (in this section referred to as the Hanmer Reserve) was set aside as a public reserve:

And whereas the land secondly, thirdly, fourthly, and fifthly described in subsection (5) originally comprised parts of the Hanmer Reserve:

And whereas some time before 31 December 1906 the land secondly described in subsection (5) was purportedly set aside as a public road:

And whereas by notice under the Public Reserves and Domains Act 1908 dated 19 January 1911 and published in the Gazette of that year at pages 265–6 the purpose for which the land thirdly described in subsection (5) was reserved was changed from that of a public reserve to that of a plantation reserve:

And whereas by sections 105 and 106 of the Reserves and Other Lands Disposal Act 1921–22, section 16 of the Hanmer Crown Leases Act 1928, and section 14 of the Reserves and Other Lands Disposal Act 1931 the reservation for the purposes of a public reserve of certain pieces of land thitherto comprising parts of the Hanmer Reserve was cancelled:

And whereas by notice under the Public Works Act 1928 dated 25 January 1930 and published in the Gazette of that year at page 188 certain land thitherto comprising part of the Hanmer Reserve was set apart for the purposes of a State forest:

And whereas by notice under the Land Act 1924 dated 5 April 1930 and published in the Gazette of that year at page 1126 the land fourthly described in subsection (5), being part of the land secondly described in that subsection and being then assumed to be legal road, was purportedly closed as a road:

And whereas by notice under section 18 of the Forests Act 1921–22 dated 29 May 1930 and published in the Gazette of that year at page 1875 the said land was purportedly set apart as a State forest:

And whereas by notice under the Forests Act 1921–22 dated 24 March 1924 and published in the Gazette of that year at page 802, and by notice under that Act dated 9 March 1925 and published in the Gazette of that year at page 720, and by notice under that Act dated 30 June 1927 and published in the Gazette of that year at page 2197, and by notice under that Act dated 17 October 1928 and published in the Gazette of that year at page 3000, and by notice under that Act dated 5 January 1933 and published in the Gazette of that year at page 7, and by notice under that Act dated 12 November 1935 and published in the Gazette of that year at page 3331, and by notice under that Act dated 25 April 1942 and published in the Gazette of that year at page 1325, and by notice under that Act dated 5 February 1944 and published in the Gazette of that year at page 572 the land fifthly described in subsection (5) was purportedly set apart as State forest:

And whereas it is desirable to formally revoke the reservation as a public reserve in respect of the balance of the land comprised in the Hanmer Reserve:

And whereas it is desirable that the purported setting aside of the land secondly described in subsection (5) as a road be validated:

And whereas it is desirable that the purported closing of the land fourthly described in subsection (5) as a road and the subsequent setting apart of that land as State forest be validated:

And whereas it is desirable that the purported setting aside of each piece of land fifthly described in that subsection as State forest be validated:

Be it therefore enacted as follows:

(1) The reservation for a public reserve of the balance of the land first described in subsection (5) and the reservation for a plantation reserve of the land thirdly described in that subsection are hereby revoked.

(2) Notwithstanding anything in the Public Works Act 1928 or any other enactment, the land secondly described in subsection (5) is hereby dedicated as and declared to be a legal public road.

(3) The closing of the land fourthly described in subsection (5) as a road and the setting apart of that land as a State forest shall be deemed for all purposes to have been done in accordance with law.

(4) The setting apart of the land fifthly described in subsection (5) as State forest shall be deemed for all purposes to have been done in accordance with law.

(5) This section relates to the following land:

First, all that parcel of land in the Canterbury Land District, containing 1 035.9952 hectares, more or less, being the Hanmer Plains Reserve around and including the hot springs on the Hanmer Plain, near Jollie's Pass, forming a parallelogram at the base of the hills bounding the plain on the north.

Secondly, all that parcel of land in the Canterbury Land District, containing 9.6540 hectares, more or less, situated in Block II, Lyndon Survey District, being part Hanmer Plains Reserve and being more particularly shown on SO Plan 13247 lodged in the office of the Chief Surveyor at Christchurch; and

All that parcel of land in the Canterbury Land District, containing 12.4850 hectares, more or less, situated in Block II, Lyndon Survey District, being part Hanmer Plains Reserve and being more particularly shown on SO Plan 13248 lodged in the office of the Chief Surveyor at Christchurch; and

All those parcels of land in the Canterbury Land District, containing 12.1597 hectares, more or less, situated in Block II, Lyndon Survey District, being parts Hanmer Plains Reserve and being more particularly shown on SO Plan 13249 lodged in the office of the Chief Surveyor at Christchurch.

Thirdly, all that parcel of land in the Canterbury Land District, containing 25.0905 hectares, more or less, situated in Block II, Lyndon Survey District, being Reserve 3819 (formerly part Section 45, Hanmer Plains Reserve).

Fourthly, all that parcel of land in the Canterbury Land District, containing 8 194 square metres, more or less, situated in Block II, Lyndon Survey District, adjoining or passing through Reserve 4209 (formerly Section 47 Hanmer Plains Reserve) and Reserve 3943.

Fifthly, all those parcels of land in the Canterbury Land District, situated in Blocks II and III, Lyndon Survey District, being part Reserve 3927 (formerly part Section 25, Hanmer Plains Reserve), Reserve 3943, and Reserve 3657; and

All that parcel of land in the Canterbury Land District, situated in Block II, Lyndon Survey District, being Reserve 4121 (formerly section 35, Hanmer Plains Reserve); and

All that parcel of land vested in the Canterbury Land District, situated in Block II, Lyndon Survey District, being Reserve 4191 (formerly Section 29, Hanmer Plains Reserve); and

All that parcel of land in the Canterbury Land District, situated in Block II, Lyndon Survey District, being Reserve 4739 (formerly Reserve 3819 and part Section 45, Hanmer Plains Reserve); and

All that parcel of land in the Canterbury Land District, situated in Block II, Lyndon Survey District, being part Reserve 4740 (formerly part Section 30, Hanmer Plains Reserve); and

All that parcel of land in the Canterbury Land District, situated in Block II, Lyndon Survey District, being part Reserve 4740 (formerly Section 31 and part Section 30, Hanmer Plains Reserve); and

All that parcel of land in the Canterbury Land District, situated in Block II, Lyndon Survey District, being Reserve 4462 (formerly Section 32, Hanmer Plains Reserve); and

All that parcel of land in the Canterbury Land District, situated in Block II, Lyndon Survey District, being Reserve 4480 (formerly Sections 26, 27, 28, 33, 34, 36 and 37 Hanmer Plains Reserve).

Whereas the land described in subsection (2) is set apart as State forest land under the Forests Act 1949:

And whereas it is desired that it 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 land described in subsection (2) as State forest land is hereby revoked, and the land is hereby declared to be Crown land subject to the Land Act 1948.

(2) This section relates to the following land:

First, all that parcel of land in the North Auckland Land District, containing 4 969 square metres, more or less, being part Lot 1, DP 36866, and being part Taraire 1L Block, situated in Block XV, Omapere Survey District (SO 50037), and being part of the land comprised and described in certificate of title, Volume 958, folio 113, North Auckland Registry.

Secondly, all that parcel of land in the South Auckland Land District, containing 121.6080 hectares, more or less, being part Section 9, Block II, Maungamangero Survey District (SO 47575).

Thirdly, all that parcel of land in the South Auckland Land District, containing 1.9000 hectares, more or less, being part Section 8 (formerly part Section 2), Block XIII, Ahikereru Survey District (SO 47806).

Fourthly, all that parcel of land in the South Auckland Land District, containing 159 square metres, more or less, being part Lot 1, DP 27375, being part Kaingaroa No 1A North Block, situated in Block XIII, Kaingaroa Survey District (SO 44586), and being part of the land comprised and described in certificate of title, Volume 698, folio 185, South Auckland Registry.

Fifthly, all that parcel of land in the South Auckland Land District, containing 1.1141 hectares, more or less, being part Section 1, Block XIII, Kaingaroa Survey District (SO 44586).

Sixthly, all that parcel of land in the South Auckland Land District, containing 27.1300 hectares, more or less, being part Section 10 (formerly part Sections 3 and 4), Block VII, Tairua Survey District (SO 47963).

Seventhly, all that parcel of land in the Hawke's Bay Land District, containing 9 560 square metres, more or less, being Block 9, Gwavas Crown Grant District, situated in Block XII, Wakarara Survey District (SO 6628).

Eighthly, all that parcel of land in the Nelson Land District, containing 4 440 square metres, more or less, being State forest situated in Block XIV, Reefton Survey District, more particularly shown as Area A on SO 11973 lodged in the office of the Chief Surveyor, Nelson.

Ninthly, all that parcel of land in the Nelson Land District, containing an area of 18.4141 hectares, more or less, being parts of Sections 100, 101, and 102, square 6, situated in Block IV, Wangapeka Survey District, and parts of Section 17, Block IV, Wangapeka Survey District (SO 11738).

Tenthly, all that parcel of land in the Otago Land District, containing an area of 700.0 hectares, more or less, being part Rural Section 3338 situated in Hunter and Stafford Survey Districts, more particularly shown as Area A on SO Plan 17983 lodged in the office of the Chief Surveyor at Dunedin, and being part of the land comprised and described in Gazette 1898, page 1461.

Eleventhly, all that parcel of land in the Otago Land District, containing an area of 30.0 hectares, more or less, being part Rural Section 3339, situated in Hunter Survey District, more particularly shown as Area B on SO Plan 17983 lodged in the office of the Chief Surveyor at Dunedin, and being part of the land comprised and described in Gazette 1898, page 1461.