Reserves and Other Lands Disposal Act 2003

Reprint
as at 22 October 2003

Crest

Reserves and Other Lands Disposal Act 2003

Public Act2003 No 104
Date of assent21 October 2003
Commencementsee section 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.


1 Title
  • This Act is the Reserves and Other Lands Disposal Act 2003.

Part 1
Commencement and interpretation

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Interpretation
  • In this Act, unless the context otherwise requires,—

    Gore land means the land in the Southland Land District comprising 3 642 square metres being Lots 16, 17, and 18 on Deposited Plan 2971 and part of Town Belt F Town of Gore, and being all the land in Certificate of Title B1/473

    Paparoa land means the land in the Westland Land District comprising 1 682 square metres being part section 4 SO Plan 11229, shown as C on SO Plan 11264 lodged in the office of the chief surveyor at Hokitika

    Picton (sites 5 and 6) land means the following parcels of land in the Marlborough Land District:

    • (a) the land comprising 733 square metres, being Lot 1 on Deposited Plan 7913, and being all the land in Certificate of Title 5A/884:

    • (b) the land comprising 2 489 square metres, being part Lots 1, 2, and 3 on Deposited Plan 1682, Lot 1 on Deposited Plan 1972, and Lot 1 on Deposited Plan 3906, and being all the land in Certificate of Title 5A/887

    Picton (site 7) land means the land comprising 3 698 square metres, being Lot 4 Deposited Plan 3342, and being all the land in Certificate of Title 2A/248

    Port Chalmers land means the land in the Otago Land District comprising 1 012 square metres, being section 373 of the Town of Port Chalmers, and being all the land in Certificate of Title 231/185.

Part 2
Land dealings

4 Background to Paparoa land
  • (1) The Paparoa land was declared to be part of the Paparoa National Park by the Paparoa National Park Order 1987.

    (2) However, since 1985, the Paparoa land has been a bridge and part of State Highway 6.

5 Paparoa land declared road
  • (1) The Paparoa land is excluded from the Paparoa National Park.

    (2) The Paparoa land is declared to be road.

    (3) The declaration under subsection (2) must be treated as if it had been made under section 114 of the Public Works Act 1981 and as if the requirements of that section had been satisfied.

6 Background to Gore land
  • (1) Section 36(1)(b) of the Reserves and other Lands Disposal Act 1926 vested land, including the Gore land, in the Corporation of the Borough of Gore (a predecessor of the Gore District Council) in trust without power of sale as a municipal endowment.

    (2) The Gore District Council seeks to have the ability to dispose of the Gore land.

7 Prohibition on sale of Gore land removed
  • The trust without power of sale as a municipal endowment affecting the Gore land is removed.

8 Background to Port Chalmers land
  • (1) In 1980, the Port Chalmers land was classified as a reserve for local purpose (buildings).

    (2) Even though approval was given in 1983 to revoke the reserve on the Port Chalmers land, that revocation did not occur.

    (3) The Port Chalmers land remains subject to the Reserves Act 1977.

    (4) The Port Chalmers land was transferred to private owners by dealings 934896.1 and 967484.1, and was mortgaged by dealing 967484.2, contrary to section 112 of the Reserves Act 1977.

9 Reserve status of Port Chalmers land revoked
  • (1) The reservation of the Port Chalmers land as a reserve for local purpose (buildings) is revoked.

    (2) The revocation under subsection (1) must be treated as if it occurs under section 24 of the Reserves Act 1977 and as if the requirements of that section had been satisfied.

    (3) The dealings referred to in section 8(4) are valid and have always been valid despite section 112 of the Reserves Act 1977.

10 Background to Picton land
  • (1) Section 80 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1910 vested the Picton (sites 5 and 6) land in the Corporation of the Borough of Picton (a predecessor of the Marlborough District Council) in trust as an endowment.

    (2) The Marlborough District Council seeks to have the ability to lease the Picton (sites 5 and 6) land free of the trust referred to in subsection (1).

    (3) The Picton (site 7) land is vested in the Marlborough District Council, subject to the restrictions in section 46(2) and (3) of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1925.

    (4) The Marlborough District Council seeks to have the ability to lease the Picton (site 7) land free of the restrictions referred to in subsection (3).

11 Picton (sites 5 and 6) land freed of trust
  • The trust as an endowment affecting the Picton (sites 5 and 6) land is discharged.

12 Picton (site 7) land freed of restrictions
  • The restrictions imposed by section 46(2) and (3) of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1925 are discharged from the Picton (site 7) land.

13 Entries in registers
  • The Registrar-General of Land is authorised and directed to make entries in the appropriate registers and to do any other things necessary to give effect to 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 2003. The reprint incorporates all the amendments to the Act as at 22 October 2003, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

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)