Reserves and Other Lands Disposal Act 1989

Reprint
as at 3 October 1995

Coat of Arms of New Zealand

Reserves and Other Lands Disposal Act 1989

Public Act1989 No 16
Date of assent26 April 1989
Commencementsee section 1(2)

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.


An Act to provide for various matters relating to Crown land, reserves, and other land held for public or special purposes

1 Short Title and commencement
  • (1) This Act may be cited as the Reserves and Other Lands Disposal Act 1989.

    (2) This Act shall come into force on the 28th day after the date on which it receives the Royal assent.

2 Ashburton County Council reserve
  • Whereas the land to which this section relates is vested in the Ashburton County Council in fee simple in trust for municipal and road purposes, without power of sale or lease: And whereas a house and outbuildings were erected on the land many years ago by the Council for staff housing purposes: And whereas the buildings are no longer required for such purposes: And whereas it is desired to enable the Council to sell or lease the land and the buildings: Be it therefore enacted as follows:

    (1) The land to which this section relates is hereby released from the trust under which it has been held by the Ashburton County Council.

    (2) The land to which this section relates is hereby declared to be vested in the Ashburton County Council for an estate in fee simple.

    (3) This section relates to all that piece of land in the Canterbury Land District, Ashburton County, comprising 1 377 square metres, more or less, being Lot 1, DP 52267 (formerly part Reserve 1670), Block XIII, Rakaia Survey District, and being all the land comprised and described in certificate of title No 30F/89 (Canterbury Registry).

3 Auckland education reserve
  • Whereas, by section 2 of the Auckland Education Reserves Act 1912, the land described in Schedule 1 of that Act was vested in the Public Trustee as a reserve for education purposes: And whereas section 4 of that Act directs the Public Trustee to pay over to the Council of the University of Auckland the rents and profits of the land and provides for that income to be applied for purposes connected with student accommodation: And whereas section 16(3) of the Reserves and Other Lands Disposal Act 1940 empowers the Minister of Education to determine in each year the amount to be so paid over by the Public Trustee and provides for any balance to go into a reserve for purposes connected with the land itself: And whereas that reserve also includes fines, premiums, and foregifts derived from leases over the land: And whereas that reserve is no longer required for such purposes: And whereas it is desired to enable the Public Trustee to pay over that reserve to the Council for purposes of the redevelopment of the O'Rorke Hall complex: Be it therefore enacted as follows:

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

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

4 Gore library reserve
  • Whereas by section 2 of the Gore Athenaeum Reserve Vesting and Empowering Act 1903 the land to which this section relates was vested in the Gore Borough Council as a reserve for the benefit of a public library: And whereas the Gore Borough Council wishes to sell the land and apply the proceeds towards the upkeep of the public library which has been built on other land: Be it therefore enacted as follows:

    (1) The reservation made in respect of the land to which this section relates by the Gore Athenaeum Reserve Vesting and Empowering Act 1903 is hereby revoked and the land shall cease to be subject to the Reserves Act 1977.

    (2) The land to which this section relates is hereby declared to be vested in the Gore Borough Council for an estate in fee simple as an endowment for the benefit of a public library, subject to any existing leases (including any rights of renewal therein) affecting the land.

    (3) Where any land to which this section relates is sold or otherwise disposed of, the net proceeds of the sale or other disposal shall, notwithstanding anything in section 230 of the Local Government Act 1974, be applied by the Gore Borough Council towards the maintenance or operation of a public library in the Borough of Gore and for no other purpose.

    (4) This section relates to all that land in the Southland Land District, Gore Borough, comprising 2 123 square metres, more or less, being Lots 1 and 2, DP 10543, and Part Lots 1 and 2, and Lots 3 and 4, DP 184, situated in Block I, Town of Gore, and being all the land comprised and described in certificates of title Nos 7B/652, 7B/653, and 7B/654 (Southland Registry).

5 Hawera post and telegraph reserve
  • Whereas the land to which this section relates is vested in the Crown: And whereas, by section 101(1) of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1920 the land was reserved as a site for post and telegraph purposes: And whereas the land is no longer required for those purposes: And whereas it is desired to dispose of the land under the Land Act 1948: Be it therefore enacted as follows:

    (1) The reservation imposed in respect of the land by section 101(1) of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1920 is hereby revoked.

    (2) Notwithstanding any other enactment, the land to which this section relates is hereby declared to be Crown land within the meaning of the Land Act 1948 and shall be available for disposal under the provisions of Part 4 of that Act.

    (3) This section relates to all that piece of land in the Taranaki Land District comprising 1 104 square metres, more or less, being Lot 3, DP 13021, being part Section 37, Town of Hawera, situated in Block IX, Hawera Survey District, and being all the land comprised and described in certificate of title No G4/283 (Taranaki Registry).

6 Nelson Lakes National Park
  • Whereas the land to which this section relates is included in the Nelson Lakes National Park: And whereas the land has been developed to effect improvements to State Highway 63: And whereas section 11(1) of the National Parks Act 1980 prohibits the exclusion of land from a National Park, except by Act of Parliament: Be it therefore enacted as follows:

    (1) The land to which this section relates is hereby excluded from the Nelson Lakes National Park.

    (2) This section relates to that piece of land in the Nelson Land District, Waimea County, comprising 1 209 square metres, more or less, being Part Lot 1, DP 3320, situated in Block XVI, Howard Survey District, and being part of the land comprised and described in certificate of title, Volume 92, folio 84, (Nelson Registry) as shown marked A on SO Plan 13358.

7 Ngati Whakaue Endowment
  • [Repealed]

    Section 7: repealed, on 3 October 1995, by section 12(c) of the Reserves and Other Lands Disposal Act 1995 (1995 No 54).

8 Otago Harbour Board
  • Whereas the land to which this section relates was part of an area vested in the Port Chalmers Borough Council in trust for the purposes of public recreation and classified as a reserve under the Reserves Act 1977: And whereas the land adjoins land vested in the Otago Harbour Board by the Otago Harbour Board Lands Vesting Act 1910: And whereas the land has long been occupied under a licence granted by the Board: And whereas the Board desires to acquire the land and hold it subject to the Otago Harbour Board Lands Vesting Act 1910: And whereas such acquisition would give the land the same status as the adjoining land and enable the Board to lease it: And whereas the classification of the land under the Reserves Act 1977 has been revoked, but the land can be vested in the Board and be given the same status as the adjoining land only by an Act of Parliament: Be it therefore enacted as follows:

    (1) The land to which this section relates is hereby vested in the Otago Harbour Board and shall be held subject to the provisions of the Otago Harbour Board Lands Vesting Act 1910, as if it had been vested in the Board by that Act, but otherwise freed and discharged from all trusts, reservations, and restrictions affecting the land.

    (2) This section relates to all that piece of land in the Otago Land District, Port Chalmers Borough, comprising 490 square metres, more or less, being Sections 473, 474, and 475, Town of Port Chalmers, and being part of the land comprised and described in certificate of title, Volume 299, folio 210 (Otago Registry) (SO Plan 21480).

9 Waipukurau Reserve
  • Whereas the land to which this section relates was taken in 1907 by a proclamation under the Public Works Act 1905 for the purposes of a public recreation ground and vested in the Waipukurau Town Board: And whereas section 2 of the Waipukurau Reserve Act 1909 vested the land in the Board for the purposes of a public pound: And whereas by notice in the Gazette, on 2 February 1957, pursuant to the Reserves and Domains Act 1953, the Minister of Lands purported to revoke the reservation over part of the land and authorise the Waipukurau Borough Council to dispose of that part of the land: And whereas there are doubts as to the validity of the Minister's notice: And whereas it is desired to revoke the entire reservation and vest the land in the Waipukurau District Council in fee simple free from reservations, restrictions, and trusts, but subject to section 40 of the Public Works Act 1981: Be it therefore enacted as follows:

    (1) Notwithstanding anything in the Reserves Act 1977 but subject to section 40 of the Public Works Act 1981, the land to which this section relates is hereby vested in the Waipukurau District Council in fee simple and free of all restrictions, reservations, and trusts.

    (2) The Waipukurau Reserve Act 1909 is hereby repealed.

    (3) This section relates to all that piece of land in the Hawke's Bay Land District comprising 1.7487 hectares, more or less, being Lots 1 and 2, DP 8652, situated in Block XV, Waipukurau Survey District, being all the land comprised and described in certificate of title No B2/857 (Hawke's Bay Registry).

10 Waitati Library Endowment
  • Whereas, by section 4 of the Reserves and Other Lands Disposal Act 1970, the land described in subsection (4) of that section was vested in the corporation of the Waikouaiti County Council for an estate in fee simple absolute as an endowment, without power of sale, for the benefit of the library then maintained by the Corporation or for the benefit of any other library that may thereafter be established to replace the then existing library, subject to all existing leases (including any rights of renewal therein): And whereas pursuant to the Local Government Act 1974 the County of Waikouaiti was united with the County of Taieri to form the County of Silverpeaks and the land was vested in the Silverpeaks County Council: And whereas 3 portions of the land were then and are now subject to leases for residential purposes: And whereas each lessee is desirous of purchasing from the Council the reversionary estate in the appropriate parcel of the land: And whereas the Council is desirous of selling that estate in each such parcel of the land and applying the net proceeds of sale for the benefit of the library maintained by the Council in the Township of Waitati: Be it therefore enacted as follows:

    (1) The land to which this section relates is hereby declared to be vested in the Silverpeaks County Council for an estate in fee simple as an endowment for the benefit of the library maintained by the Council in the Township of Waitati, subject to all existing leases (including any rights of renewal therein) affecting the land.

    (2) Where any land to which this section relates is sold or otherwise disposed of, the net proceeds of sale or other disposal shall, notwithstanding anything in section 230 of the Local Government Act 1974, be applied by the Council towards the maintenance and operation of a public library in the Township of Waitati and for no other purpose.

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

    (4) This section relates to all that piece of land in the Otago Land District comprising 2 410 square metres, more or less, being parts Sections 7, 8, and 9, Block X, Town of Blueskin, and being all the land comprised and described in certificate of title No 5A/1306 (Otago Registry) (SO Plan 9923).

11 Westland National Park
  • Whereas the land to which this section relates is included in the Westland National Park: And whereas part of the land has been developed as a road and part is severance as a result of road realignment near Stoney Creek Bridge on State Highway No 6: And whereas the rest of the land has been developed as road for road realignment purposes on Forks–Okarito Road: And whereas it is desired to exclude the land from the National Park: And whereas section 11(1) of the National Parks Act 1980 prohibits the exclusion of land from a National Park, except by Act of Parliament: Be it therefore enacted as follows:

    (1) The land to which this section relates is hereby excluded from the Westland National Park.

    (2) This section relates to all those pieces of land in the Westland Land District, Westland County,—

    • (a) comprising 7 551 square metres, more or less, being Part Reserve 1214, situated in Block VIII, Waiho Survey District, and being part of the land comprised and described in the Gazette, 1969, at page 2155 (shown marked E and F on SO Plan 10787); and

    • (b) comprising 1 906 square metres, more or less, being Parts Rural Section 6238, situated in Block XVI, Okarito Survey District, and being part of the land comprised and described in the Gazette, 1982, at page 2008 (shown marked E and G on SO Plan 10641).

12 Entries in registers
  • District Land Registrars are hereby authorised and directed to make such entries in their respective registers, and do all such other things, as may be necessary to give full effect to the provisions of this Act.


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 1989. The reprint incorporates all the amendments to the Act as at 3 October 1995, 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)
  • Reserves and Other Lands Disposal Act 1995 (1995 No 54): section 12(c).