New Zealand Legislation: BillsBills are proposed Acts |
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New Zealand Legislation: BillsBills are proposed Acts |
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Government Bill
237—1
This Bill makes a number of non-controversial changes to the status of parcels of land, land titles, and previous Reserves and Other Lands Disposal (ROLD) Acts.
ROLD legislation is enacted from time to time, as matters arise, in order to effect non-controversial changes to land status where—
a land issue requires special legislation because it cannot be easily dealt with in other legislation, such as a local Bill:
existing legislation requires a matter to be carried out by an Act of Parliament (eg, exclusion of land from National Parks):
changes are required to earlier ROLD legislation.
ROLD legislation, in accordance with clause 263(1)(d) of the Standing Orders of the House of Representatives, deals only with authorisations, transfers, and validations of matters relating to Crown land, reserves, or other land held for public or private purposes. Matters are only included in a ROLD Bill if they are identified as non-controversial and have the consent of all parties involved.
This Bill removes, revokes, or validates the particular status or classification of defined pieces of land. The Bill explains the background problem or issue concerning the piece of land and then corrects the problem or resolves the issue.
Land Information New Zealand invited central and local government agencies to submit applications for matters to be included in a ROLD Bill. Fifteen applications have been approved for the Bill.
Clause 1 is the Title clause.
Clause 2 is the commencement clause. The Act comes into force on the day after the date on which it receives the Royal assent.
Clause 3 states that the Act binds the Crown.
Clause 4 authorises and directs the Registrar-General of Land to make entries in the appropriate register and to do any other things necessary to give effect to the Act.
Clause 5 repeals sections 48(A)(6), 114(5), and 115(6) of the Reserves Act 1977 (the Act) to correct an unintended effect. Currently under the Act administering bodies can grant licences for communications facilities in reserves (section 48A), vary covenants, terms, and conditions in leases and licences (section 114), and consent to the transfer, sublease, or mortgage of leases and licences (section 115) only if the reserve concerned is vested in the administering body under section 26 of the Act. It was not intended that these powers be restricted to reserves of this type. Accordingly, the repeals effected by this clause will remedy the anomaly.
Clauses 6 to 9 relate to the land on which the Auckland Art Gallery is sited, and to the adjacent reserve known as Albert Park. The Auckland City Council (ACC) wishes to extend the art gallery over land within Albert Park (as that park is defined in Schedule 1 of the Auckland Improvement Trust Act 1971 (AITA)). However, the AITA prohibits the alienation of the whole or any part of the park. Accordingly, clause 8 amends the land description of Albert Park by excluding from Schedule 1 the description of the land that corresponds to the land that ACC wishes to use for the art gallery. This has the effect that the land is no longer subject to the AITA and, therefore, no longer prohibited from alienation. Clause 9 then amalgamates that land with the Auckland Art Gallery land and clarifies that it is no longer part of Albert Park or subject to the Reserves Act 1977.
Clauses 10 and 11 relate to the volcanic cones in Auckland City. Section 5 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1915 creates an offence (amongst others) in respect of excavating, quarrying, terracing, or cutting on the side or slope of a volcanic cone or hill in the Auckland Provincial District that is bounded by or abuts on to a domain or other public reserve without express authorisation from the Governor in Council (now the Governor-General by Order in Council). Seeking authorisation from the Governor-General for this type of activity is no longer appropriate. Accordingly, clause 11 amends section 5(1) of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1915 so that consent must now be sought from the Minister of Conservation.
Clauses 12 to 14 relate to the land in Dunedin City known as the Octagon. The land is currently vested in Dunedin City Council in trust as a reserve with conditions, including that no buildings be erected on the land. Dunedin City Council wishes to remove this restriction and deal with the reserve solely under the Reserves Act 1977 and the management plan for the reserve developed under that Act. Accordingly, clause 14 repeals the proviso to section (2) of the Reserves and Other Lands Disposal Act 1957. This is the section that originally vested the land in Dunedin City Council's predecessor and imposed the condition prohibiting the erection of buildings.
Clauses 15 to 17 relate to land declared to be part of the Kahurangi National Park. The land is now used as part of State Highway 6 as a result of the realignment of the highway from Hope Saddle to the Buller River at Kawatiri Junction. Clause 17 formalises the situation by declaring the land to be road.
Clauses 18 to 20 relate to land in the Waitaki District known as Lookout Point or Forrester Heights. The land was originally set aside in 1885 for the purposes of an endowment in aid of the funds of the Oamaru Borough Council, a predecessor to the Waitaki District Council. Waitaki District Council wishes to sell the land, in accordance with sections 140 and 141 of the Local Government Act 2002, for residential subdivision. However, it is not entirely clear what the legal status of the land is, including whether it is subject to the Reserves Act 1977. Accordingly, clause 20 declares the land to be vested in the Waitaki District Council as an endowment property for the purposes of aiding Waitaki District Council funds and states the land is an endowment property within the meaning of section 140(2) of the Local Government Act 2002 (and therefore able to be sold in accordance with sections 140 and 141 of that Act).
Clauses 21 to 23 relate to reserve land forming part of Mahinepua Bay in North Auckland. The land is accessible only over the foreshore of an adjacent Maori reservation known as the Mahinepua B1 Maori Reservation. The local community (including local Members of Parliament, local authorities, iwi, local hapu, community representatives, and the trustees) wish the land to become a Maori reservation for esplanade purposes for the common use and benefit of the people of New Zealand. Accordingly, clause 23 sets the land apart as a Maori reservation and vests it in the trustees of the Mahinepua B1 Maori Reservation to hold and administer for the common use and benefit of the people of New Zealand. The vesting is subject to the trustees granting an easement over the reservation for the purposes of providing public walking access to the land.
Clauses 24 to 27 relate to the land on which the Marlborough District Council's Picton office is sited. The Council wishes to validate a previous dealing with the land and remove the interest in relation to the Picton Institute Act 1864 from the title to the land.
The Picton Institute Act 1864 authorised the Superintendent of the Province of Marlborough to convey the Picton Office land to trustees, as a site for the Picton Institute. The transfer took place, but in 1903 the land was unlawfully transferred to representatives of the Borough of Picton. Accordingly, clause 26 validates the transfer of the land in 1903 and clause 27 repeals the Picton Institute Act 1864.
Clauses 28 to 34 relate to five pieces of land owned by the Nelson–Marlborough District Health Board. The District Health Board wishes to remove certain references on the titles to the land in respect of how the land is held, used, or dealt with so that the Board can better use the land to provide health and disability support services to its community. Accordingly, clauses 30 to 34 remove the relevant trusts from the titles and revoke any reservations of the land as reserve.
Clauses 35 to 37 relate to land declared to be part of the Paparoa National Park. The land is now used as part of State Highway 6 due to the widening of the highway (to take account of increased use at Punakaiki Village). Clause 37 formalises the situation by declaring the land to be road.
Clauses 38 to 41 relate to land at Port Chalmers vested in the Dunedin City Council as a recreation reserve but subject to a restriction on its sale or lease. The restriction was originally imposed under section 45 and Schedule 10 of the Reserves and other Lands Sale, Disposal, and Enabling and Public Bodies Empowering Act 1901, the enactment that granted the land to a predecessor of the Dunedin City Council, the Port Chalmers Borough Corporation. Despite the restriction, part of the reserve has been leased to the Port Chalmers Bowling Club Incorporated. Dunedin City Council wishes to repeal section 45 of the Reserves and other Lands Sale, Disposal, and Enabling and Public Bodies Empowering Act 1901 and manage and administer the Reserve subject only to the provisions of the Reserves Act 1977. This would allow it to regularise the Bowling Club lease and lawfully enter into new leasing arrangements in accordance with the Reserves Act 1977. Accordingly, clause 40 repeals section 45 of the Reserves and other Lands Sale, Disposal, and Enabling and Public Bodies Empowering Act 1901, and clause 41 validates the Bowling Club lease.
Clauses 42 to 44 relate to land and seabed off the coast of New Plymouth known as the Sugar Loaf Islands. The area is a protected area under the Sugar Loaf Islands Marine Protected Area Act 1991 (the Act). Section 7 of the Act deemed the protected area to be a conservation area under the Conservation Act 1987 and divided it into sanctuary areas and a conservation park. The protected area is currently a mixture of Crown-owned and local authority-owned land and seabed. The Crown wishes to rectify the anomalous position of having sanctuary areas and a conservation park owned in part by persons other than the Crown, designate further areas within the protected area as sanctuary areas, and remove the (redundant) wildlife refuge status from further areas within the protected area. Accordingly, clause 43 transfers the fee simple estate in specified pieces of land or seabed to the Crown. In addition, the transfers are treated, for the purposes of the local authorities concerned, as satisfying any requirements under the Local Government Act 2002, or any other relevant enactment, in respect of the transfer of land by a local authority, and clause 44 amends the Act to designate specified areas as sanctuary areas, and removes wildlife refuge status from other areas.
Clauses 45 and 46 relate to the Taieri Airport. Section 9 of the Reserves and Other Lands Disposal Act 1973 empowered the Dunedin City Council (previously the Dunedin City Corporation) to subdivide, develop, lease, and sell the land comprising the Taieri Airport subject to the requirement that as long as any parts of the land were still required for the purposes of an aerodrome, the Corporation was to continue to hold the land for those purposes. Dunedin City Council now wishes to transfer to a community trust some of the land that is still required for the purposes of an aerodrome. Accordingly, clause 46 amends section 9 of the Reserves and Other Lands Disposal Act 1973 to authorise the transfer of specified land to the Taieri Airport Trust so long as the Council obtains the written consent of the Minister of Transport before doing so.
Clauses 47 to 49 relate to land that is part of a local purpose reserve vested in Waitakere City and known as Waikumete Cemetery. In 1995, the Waitakere City Council, without lawful authority, disposed of the land to a local authority trading enterprise. The local authority trading enterprise in turn subdivided the land and sold it to private owners as fee simple titles. Most of the land is now developed with residential buildings erected on it. However, because the titles to the land were created by an invalid process, and contrary to section 112 of the Reserves Act 1977, the land retains its reserve status and remains subject to that Act. Accordingly, clause 49 revokes the reserve status of the land and validates the dealings of the private owners.
Clauses 50 to 52 relate to land held in trust by the Waipa District Council. The land was originally held in trust by the Te Awamutu Borough Council for itself and four other local authorities for afforestation and water conservation purposes and as a scenic reserve. As a result of dealings between the parties, changes in local government organisation, and changes to the status of the land, the legal and beneficial interest in the land now resides solely with the Waipa District Council with the land classified as a reserve for afforestation and water conservation purposes. Waipa District Council wishes to have the title to the land reflect this. Accordingly, clause 52 removes the trusts affecting the land while maintaining its status as a reserve subject to the Reserves Act 197.
Clauses 53 to 55 relate to land declared to be part of the Westland National Park. The land is now used as part of State Highway 6 as a result of the realignment of the Omoeroa River bridge. Clause 55 formalises the situation by declaring the land to be road.
Clauses 56 to 58 relate to the Winton Racecourse. The land is held in trust in accordance with the Winton Racecourse Reserve Management Ordinance 1873. So as to enable wider community and independent input into the racecourse, the Department of Conservation wishes to enable the Minister of Conservation to appoint up to five trustees at any one time for the racecourse, and to limit each appointment to a three-year period. Currently three trustees are appointed for life and responsibility for their replacement lies with the Minister of Conservation. Accordingly, clause 57 amends the Winton Racecourse Reserve Management Ordinance 1873 by repealing and substituting the trustee provision. Clause 58 is a transitional provision that applies to current trustees and limits their term of appointment to three years from the commencement of this Act.
Hon David Parker
Government Bill
237—1
Amendments to Reserves Act 1977
Auckland Art Gallery development
Marlborough District Council (Picton Office) land
Nelson–Marlborough District Health Board land
Port Chalmers Recreation Reserve
40 Section 45 Reserves and other Lands Sale, Disposal, and Enabling and Public Bodies Empowering Act 1901 repealed
The Parliament of New Zealand enacts as follows:
This Act is the Reserves and Other Lands Disposal Act 2008.
This Act comes into force on the day after the date on which it receives the Royal assent.
This Act binds the Crown.
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.
Sections 48(A)(6), 114(5), and 115(6) of the Reserves Act 1977 are repealed.
(1) In sections 7, 8, and 9, Albert Park means the land described in the first paragraph of Schedule 1 of the Auckland Improvement Trust Act 1971.
(2) In section 9,—
Auckland Art Gallery land means the land comprising 3645 square metres, being Allotment 14 Section 13 City of Auckland, and being all of the land described in computer freehold register NA14B/1135
excluded land means the land described as sections 2 and 3 on SO Plan 374931.
(1) Auckland City Council wishes to extend the Auckland Art Gallery, which is sited on land vested in fee simple in the Council.
(2) The land over which the extension is sought is—
(a) part of the reserve known as Albert Park; and
(b) vested in fee simple in the Auckland City Council under the Auckland Improvement Trust Act 1971.
(3) The Auckland Improvement Trust Act 1971 prohibits the alienation of the whole or any part of Albert Park.
The first paragraph in Schedule 1 of the Auckland Improvement Trust Act 1971 is amended by inserting “but excluding any land described in this paragraph or the eleventh paragraph that is included as sections 2 and 3 on SO Plan 374931”
after “described in this schedule)”
.
(1) The excluded land is amalgamated with the Auckland Art Gallery land.
(2) For the avoidance of doubt, as from the commencement of this Act, the excluded land—
(a) is no longer part of Albert Park; and
(b) is no longer reserve or part of a reserve under the Reserves Act 1977.
(1) Section 5 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1915 creates an offence (amongst others) in respect of excavating, quarrying, terracing, or cutting on the side or slope of a volcanic cone or hill in the Auckland Provincial District that is bounded by or abuts on to a domain or other public reserve without express authorisation from the Governor in Council (now the Governor-General by Order in Council).
(2) The requirement to obtain the consent of the Governor-General to this type of local activity is no longer appropriate. Accordingly, the Department of Conservation wishes to replace this requirement with a requirement to obtain the consent of the Minister of Conservation.
Section 5(1) of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1915 is amended by omitting “Governor in Council”
and substituting “Minister of Conservation”
.
In section 13, Octagon land means the land secondly described in section 2(5) of the Reserves and Other Lands Disposal Act 1957 (being the land in Dunedin City commonly known as the Octagon).
(1) Section 2 of the Reserves and Other Lands Disposal Act 1957 vested the Octagon land in the Corporation of the City of Dunedin (now Dunedin City Council) in trust as a reserve for a site for a public garden subject to—
(a) the Reserves and Domains Act 1953; and
(b) the condition that no buildings or erections other than those existing on the land as at 24 October 1957 be placed on the land (that date being the commencement date of the Reserves and Other Lands Disposal Act 1957).
(2) Dunedin City Council wishes to remove the restriction on the erection of structures on the Octagon land.
The proviso to section 2(2) of the Reserves and Other Lands Disposal Act 1957 is repealed.
In sections 16 and 17, Kahurangi land means the land—
(a) comprising 2.5581 hectares being sections 2, 3, 4, 9, 11, 15, 25, 31, 33, 34, and 36 SO Plan 317559; and
(b) comprising 1517 square metres being sections 10 and 11 SO Plan 357450.
(1) The Kahurangi land was declared to be part of the Kahurangi National Park by the Kahurangi National Park Order 1996 (Gazette 1996, p 977).
(2) However, the Kahurangi land is now used as part of State Highway 6.
(1) The Kahurangi land is excluded from Kahurangi National Park.
(2) The Kahurangi 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 the requirements of that section had been satisfied.
In sections 19 and 20, Lookout Point land means the land described in computer freehold register OT325/79.
(1) In 1885, by Order in Council, the Lookout Point land, as part of a larger block, was set aside for the purposes of an endowment in aid of the funds of the Oamaru Borough Council.
(2) In 1937, by Order in Council, the Lookout Point land was set apart as reserves for an endowment in aid of the funds of the Oamaru Borough Council and, erroneously, made subject to (a predecessor of) the Reserves Act 1977 (Gazette 1937, Vol III, p 2549).
(3) In 1947, a certificate of title in the name of the Oamaru Borough Council was issued for the Lookout Point land. The title carried forward the reference to Reserves Act legislation.
(4) Uncertainty now exists as to whether the Lookout Point land—
(a) was vested in the Oamaru Borough Council as an endowment:
(b) is subject to the Reserves Act 1977.
(5) The Waitaki District Council, the successor to the Oamaru Borough Council, wishes to have the status of the Lookout Point confirmed as that contemplated in the 1885 Order, namely as endowment land, so that it may sell the land in accordance with sections 140 and 141 of the Local Government Act 2002.
(1) The Lookout Point land is—
(a) vested in the Waitaki District Council as an endowment property for the purposes of aiding Waitaki District Council funds; and
(b) an endowment property within the meaning of section 140(2) of the Local Government Act 2002.
(2) Subsection (1) applies—
(a) for the avoidance of doubt; and
(b) despite any enactment or instrument to the contrary.
In sections 22 and 23,—
Mahinepua Bay reserve land means the land comprising .4265 hectares being section 1 SO Plan 404862
trustees means the trustees of the Mahinepua B1 Maori Reservation.
(1) The Mahinepua Bay reserve land forms part of the bed of Mahinepua Bay. The land, formed by accretion, is a narrow spit just above mean high water mark.
(2) In 1995, the Mahinepua Bay reserve land was declared a local purpose (esplanade) reserve under the Reserves Act 1977 (Gazette 1995, p 1911). In accordance with a notice in the Gazette (2005, p 1807), it is currently administered by the trustees of the adjoining Maori reservation, Mahinepua B1 Block, known as the Mahinepua B1 Maori Reservation.
(3) The Mahinepua Bay reserve land is accessible only over the foreshore or the Mahinepua B1 Maori Reservation.
(4) The local community (including local Members of Parliament, local authorities, iwi, local hapu, community representatives, and the trustees) wish the Mahinepua Bay land to be a Maori reservation for esplanade purposes for the common use and benefit of the people of New Zealand.
(1) The Mahinepua Bay reserve land is—
(a) set apart as a Maori reservation (esplanade purposes); and
(b) subject to subsection (2), vested in fee simple in the trustees to hold and administer the land for the common use and benefit of the people of New Zealand.
(2) The trustees must grant an easement over that part of the Mahinepua B1 Block shown as Area A on SO Plan 4048622 for the purposes of providing walking access for the public to the Maori reservation (as set apart under subsection (1)(a)).
(3) For the avoidance of doubt, the vesting of the Mahinepua Bay reserve land under subsection (1) is not a disposition of land by the Crown for the purposes of Part 4A of the Conservation Act 1987.
(4) The setting apart of the Mahinepua Bay reserve land as a Maori reservation under subsection (1)(a) must be treated as if it had been made under Part 17 of Te Ture Whenua Maori Act 1993 and the requirements of that Part of that Act had been satisfied.
In sections 25 to 27, —
1903 transfer means the transfer of the Picton Office land by the members of the Picton Institute to the Mayor, Councillors, and Burgesses of the Borough of Picton by deed of conveyance dated 12 February 1903 (Deed of Conveyance Volume 18, Folio 163; Deeds Index Reference 1/599, Marlborough Registry)
Picton Office land means the land described in computer freehold register MB4A/110.
(1) The Picton Institute Act 1864 authorised the Superintendent of the Province of Marlborough to convey the Picton Office land to trustees, as a site for the Picton Institute.
(2) The transfer took place but, on the death of the last trustee and with no replacement trustees having been appointed, members of the Picton Institute transferred the Picton Office land to the Mayor, Councillors, and Burgesses of the Borough of Picton by deed of conveyance dated 12 February 1903.
(3) On 13 September 1926, the District Land Registrar issued certificate of title MB29/271 for the Picton Office land in the name of the Mayor, Councillors, and Burgesses of the Borough of Picton.
(4) The current title to the Picton Office land, in the name of the Picton Borough Council, records, amongst other things, that the land is subject to—
(a) the Reserves Act 1977 (being a reserve for local purpose (community buildings)); and
(b) the provisions of the Picton Institute Act 1864.
(5) The Marlborough District Council, the successor to the Picton Borough Council, now wishes to—
(a) validate the 1903 transfer; and
(b) have the interest in relation to the Picton Institute Act 1864 removed from the title of the Picton Office land.
The 1903 transfer is deemed to be and always have been lawful.
(1) The Picton Institute Act 1864 (1864, Sess 10, No 1) is repealed.
(2) The Picton Office land is consequentially no longer subject to the provisions of the Picton Institute Act 1864.
In sections 29 to 34,—
Braemar Hospital Site A means the 1.2282 hectares of land contained in computer freehold register NL11A/200
Braemar Hospital Site B means the 0.4940 hectares of land contained in computer freehold register NL146/55
Braemar Hospital Site C means the 1.1094 hectares of land contained in computer freehold register NL5D/139
French Pass District Nursing Property means the 0.0562 hectares of land—
(a) contained in computer freehold register NL1A/1326; and
(b) formerly contained in certificate of title 106/99 (Nelson Registry); and
(c) held in trust for hospital purposes pursuant to the Reserves and Domains Act 1953
Wairau Hospital Site, East End means the 13.0809 hectares of land—
(a) contained in computer freehold register MB5B/412; and
(b) formerly contained in certificate of title 31/180 (Marlborough Registry); and
(c) held in trust as a site for a public hospital.
(1) The Nelson–Marlborough District Health Board (the DHB) holds the fee simple title to the French Pass District Nursing Property, the Wairau Hospital Site, East End, and the Braemar Hospital Sites A, B, and C.
(2) In order to better use these properties to provide health and disability support services to its community, and to regularise the uses to which the properties are put, the DHB wishes to remove any references on the titles to a requirement that the land concerned be—
(a) used for hospital purposes; or
(b) held in trust for hospital or any other purposes; or
(c) held in trust without a power of sale; or
(d) an endowment; or
(e) subject to the Reserves Act 1977 or its predecessors.
(1) The trust for hospital purposes affecting the French Pass District Nursing Property is cancelled.
(2) The reservation of the French Pass District Nursing Property as reserve under the Reserves and Domains Act 1953 is revoked.
(3) The revocation of status under subsection (2) must be treated as if—
(a) it occurred under section 24 of the Reserves Act 1977; and
(b) the requirements of that section were satisfied; and
(c) section 25 of the Reserves Act 1977 does not apply to the land to which the revocation relates.
The trust for a public hospital site affecting the Wairau Hospital Site, East End is cancelled.
(1) The endowment affecting the Braemar Hospital Site A is cancelled.
(2) The reservation of the Braemar Hospital Site A as reserve under the Reserves Act 1977 is revoked.
(3) The revocation of status under subsection (2) must be treated as if—
(a) it occurred under section 24 of the Reserves Act 1977; and
(b) the requirements of that section were satisfied; and
(c) section 25 of the Reserves Act 1977 does not apply to the land to which the revocation relates.
(1) The trust without power of sale affecting the Braemar Hospital Site B is cancelled.
(2) The reservation of the Braemar Hospital Site B as reserve for the purpose of a hospital under the Reserves Act 1977 is revoked.
(3) The revocation of status under subsection (2) must be treated as if—
(a) it occurred under section 24 of the Reserves Act 1977; and
(b) the requirements of that section were satisfied; and
(c) section 25 of the Reserves Act 1977 does not apply to the land to which the revocation relates.
(1) The trust affecting the Braemar Hospital Site C is cancelled.
(2) The reservation of the Braemar Hospital Site C as reserve for hospital purposes under the Reserves Act 1977 is revoked.
(3) The revocation of status under subsection (2) must be treated as if—
(a) it occurred under section 24 of the Reserves Act 1977; and
(b) the requirements of that section were satisfied; and
(c) section 25 of the Reserves Act 1977 does not apply to the land to which the revocation relates.
In sections 36 and 37, Paparoa land means the land comprising 666 square metres shown as Area A on SO Plan 12622.
(1) The Paparoa land was declared to be part of the Paparoa National Park by the Paparoa National Park Order 1987 (Gazette 1987, p 5361).
(2) However, the Paparoa land is now used as part of State Highway 6.
(1) The Paparoa land is excluded from 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 the requirements of that section had been satisfied.
In sections 39 to 41,—
Bowling Club lease means the lease referred to in section 39(2)
Reserve means the reserve known as Port Chalmers Recreation Reserve (being the land in computer freehold registers 358133 and 360774).
(1) Under section 45 and Schedule 10 of the Reserves and other Lands Sale, Disposal, and Enabling and Public Bodies Empowering Act 1901, the Crown granted the Reserve to Port Chalmers Borough Corporation in trust as a domain with the restriction that the land not be sold or leased.
(2) Despite this prohibition, a lease, dated 15 August 2001, was granted to the Port Chalmers Bowling Club Incorporated over part of the Reserve.
(3) Currently, the Reserve is—
(a) vested in the Dunedin City Council as a recreation reserve under the Reserves Act 1977; and
(b) subject to (amongst other things)—
(i) that Act; and
(ii) the restriction on its sale or lease under section 45 of the Reserves and other Lands Sale, Disposal, and Enabling and Public Bodies Empowering Act 1901.
(4) The Dunedin City Council wishes to repeal section 45 of the Reserves and other Lands Sale, Disposal, and Enabling and Public Bodies Empowering Act 1901 and manage and administer the Reserve subject only to the provisions of the Reserves Act 1977. This would allow the Council to—
(a) regularise the Bowling Club lease; and
(b) lawfully enter into new leasing arrangements for the Reserve.
Section 45 of the Reserves and other Lands Sale, Disposal, and Enabling and Public Bodies Empowering Act 1901 is repealed.
The Bowling Club lease is valid and has always been valid.
(1) The Sugar Loaf Islands Marine Protected Area Act 1991 (the Act) established a protected area of sea and islands off the coast of New Plymouth.
(2) Section 7 of the Act deemed the protected area to be a conservation area under the Conservation Act 1987 and divided the area into sanctuary areas and a conservation park.
(3) The protected area is currently a mixture of Crown-owned and local authority-owned land and seabed.
(4) The Crown now wishes to—
(a) rectify the anomalous position of having sanctuary areas and a conservation park owned in part by persons other than the Crown; and
(b) designate further areas within the protected area as sanctuary areas; and
(c) remove the (redundant) wildlife refuge status from further areas within the protected area.
(1) The fee simple estate in the following land is transferred from the Taranaki Regional Council and vested in the Crown:
(a) that part of Moturoa Island shown as Area A on SO Plan 13659:
(b) that part of Moturoa Island being Lot 3 LT 20016:
(c) Whareumu (Lion Rock) being Lots 4, 5, and 6 LT 20016:
(d) Motumahanga (Saddleback Island) being Lots 1, 2, 3, 4, and 5 LT 20017:
(e) Waikaranga (Seal Rocks) being Lots 6, 7, 8, and 9 LT 20017:
(f) Tokatapu being Lot 10 LT 20017:
(g) Koruanga being Lots 11 and 12 LT 20017.
(2) The fee simple estate in Pararaki (Seagull Rock), Mataora (Round Rock), Motuotamatea (Snapper Rock), and an unnamed islet, shown as Areas B, C, D, and F on SO Plan 13659, is transferred from the New Plymouth District Council and vested in the Crown.
(3) The transfers under subsections (1) and (2) must be treated as if any requirements imposed by the Local Government Act 2002, or any other enactment, in respect of the transfer of land by a local authority are satisfied.
(4) For the purposes of this section, the plans referred to in subsection (1)(b), (c), (d), (e), (f), and (g) are deemed to have been prepared for the purposes of the Sugar Loaf Islands Marine Protected Area Act 1991.
(1) Section 7(2) of the Sugar Loaf Islands Marine Protected Area Act 1991 is amended by omitting “and Whareumu (Lion Rock) are hereby deemed”
and substituting “, Whareumu (Lion Rock), Pararaki (Seagull Rock), Mataora (Round Rock), Motuotamatea (Snapper Rock), the unnamed islet shown as Area F on SO Plan 13659, Tokatapu, and Koruanga are deemed”
.
(2) Section 7(6) of the Sugar Loaf Islands Marine Protected Area Act 1991 is amended by omitting “and Motumahanga (Saddleback Island)”
and substituting “, Motumahanga (Saddleback Island), Pararaki (Seagull Rock), Mataora (Round Rock), and Motuotamatea (Snapper Rock)”
.
(1) Amongst other things, section 9 of the Reserves and Other Lands Disposal Act 1973 empowered the Dunedin City Council (previously the Dunedin City Corporation) to subdivide, develop, lease, and sell the land comprising the Taieri Airport subject to the requirement that as long as any parts of the land were still required for the purposes of an aerodrome, the Corporation was to continue to hold the land for those purposes.
(2) Dunedin City Council now wishes to transfer to a community trust some of the land that is still required for the purposes of an aerodrome.
Section 9 of the Reserves and Other Lands Disposal Act 1973 is amended by inserting the following subsections after subsection (2):
“(2A) Despite subsection (2), the Dunedin City Corporation (now Dunedin City Council) may transfer the 38.2691 hectares of land described in computer freehold register OT2C/1307 ( being Lot 1 on Deposited Plan 11036) to the community trust known as the Taieri Airport Trust. However, if the Taieri Airport Trust sells the land, it must pay half the net proceeds of the sale into a Crown Bank Account.
“(2B) In subsection (2A), net proceeds means the amount remaining after any expenses incurred by the Taieri Airport Trust from the sale of the land (including any expenses in relation to any subdivision and development of the land) have been deducted.
“(2C) The Dunedin City Council must obtain the written consent of the Minister of Transport before acting under subsection (2A).”
In sections 48 and 49, Waikumete cemetery land means the land comprising 4.11229 hectares being—
(a) Lots 1 to 5, 7 to 23, 25, 26, and 29 DP 167393 (residential sections); and
(b) Lots 55, 59, and 60 DP 167393 (road or accessway); and
(c) Lots 1 and 2 DP 173686 (residential sections); and
(d) Lots 30 to 40 and 42 to 54 DP 175401 (residential sections); and
(e) Lots 1 and 2 DP 181743 (residential sections); and
(f) Lots 1 to 3 DP 182710 (residential sections); and
(g) Lots 1 to 3 DP 185409 (residential sections).
(1) The Waikumete cemetery land is a part of Waikumete Cemetery.
(2) Waikumete Cemetery is Crown land classified as a local purpose (site for cemetery) reserve under the Reserves Act 1977. The cemetery is currently vested in the Waitakere City Council, in trust, for cemetery purposes.
(3) In 1995, the Waitakere City Council, without lawful authority, disposed of the Waikumete cemetery land to a local authority trading enterprise.
(4) The local authority trading enterprise in turn subdivided the Waikumete cemetery land and sold it to private owners as fee simple titles. Most of the land is now developed with residential buildings erected on it.
(5) However, because the titles to the Waikumete cemetery land were created by an invalid process, and contrary to section 112 of the Reserves Act 1977, the land retains its reserve status and remains subject to that Act.
(1) The reservation of the Waikumete cemetery land as a reserve for local purpose (site for cemetery) is revoked.
(2) The revocation of status under subsection (1) must be treated as if—
(a) it occurred under section 24 of the Reserves Act 1977; and
(b) the requirements of that section were satisfied; and
(c) section 25 of the Reserves Act 1977 does not apply to the land to which the revocation relates.
(3) The dealings referred to in section 48(4) are valid and have always been valid despite section 112 of the Reserves Act 1977.
In sections 51 and 52 , trust land means the land comprising 203.7996 hectares contained in computer freehold register 78214 (being sections 23 and 26, Block VII, Pirongia Survey District).
(1) On 9 June 1942, Te Awamutu Borough Council, Otorohanga County Council, Hamilton Borough Council, Raglan County Council, and Waipa County Council entered into an agreement to purchase the Government interest in the trust land, with Te Awamutu Borough Council holding the land in trust for itself and the other councils for afforestation and water conservation purposes and as a scenic reserve. This agreement was validated by section 10 of the Reserves and Other Lands Disposal Act 1942 and vesting notices published in the Gazette (1958, pp 1240, 1315).
(2) On 15 July 1960, Raglan County Council withdrew from the agreement and a supplementary agreement was signed by the remaining parties to reflect this change. This agreement was also validated in legislation, by section 14 of the Reserves and Other Lands Disposal Act 1960.
(3) Changes to local government organisation in 1970 and 1989 and arrangements between the councils again altered the parties to the original agreement so that by 2003, the legal and beneficial interest in the trust land resided solely with the Waipa District Council. In addition, the purpose of the reserve had changed from afforestation, water conservation, and scenic purposes to a reserve for afforestation and water conservation purposes (Gazette 1973, p 360).
(4) Waipa District Council now wishes to have the trusts cancelled and the reference to them on the computer register in respect of the trust land removed.
(1) The trusts affecting the trust land are removed.
(2) Despite subsection (1), the trust land continues to be reserve subject to the Reserves Act 1977.
In sections 54 and 55, Westland land means the land comprising—
(a) 573 square metres shown as area D on SO Plan 11246; and
(b) 1145 square metres being section 4 SO Plan 349493.
(1) The Westland land is part of the Westland National Park declared by section 6(1)(i) of the National Parks Act 1980 to be a national park under and subject to the provisions of that Act.
(2) However, the Westland land is now used as part of State Highway 6.
(1) The Westland land is excluded from Westland National Park.
(2) The Westland 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 the requirements of that section had been satisfied.
(1) The Winton Racecourse Reserve Management Ordinance 1873—
(a) appoints, for life, three trustees for the Winton Racecourse; and
(b) provides for their replacement by (through devolution of responsibility) the Minister of Conservation.
(2) So as to enable wider community and independent input into the racecourse, the Department of Conservation wishes to enable the Minister of Conservation to appoint up to five trustees at any one time for the racecourse, and to limit each appointment to a three-year period.
Section 3 of the Winton Racecourse Reserve Management Ordinance 1873 is repealed and the following section substituted:
“3 Power to appoint and remove trustees
“(1) The Minister of Conservation must appoint, by notice in the Gazette, not fewer than 3 but no more than 5 persons as trustees of the Winton Racecourse.
“(2) A trustee—
“(a) must be appointed for a term not exceeding 3 years; and
“(b) may be reappointed any number of times; and
“(c) may be removed from office by the Minister, by written notice, for inability to perform the functions of office, legal incapacity, neglect of duty, or misconduct, proved to the satisfaction of the Minister; and
“(d) may at any time resign office by written notice to the Minister; and
“(e) remains in office, despite the expiry of his or her term of office, until a successor is appointed (unless he or she resigns or is removed from office).”
(1) This section applies to a person who is a trustee of the Winton Racecourse immediately before the commencement of this Act.
(2) As from the commencement of this Act, the person must be treated as if he or she were appointed as a trustee under section 3 of the Winton Racecourse Reserve Management Ordinance 1873 (as amended by section 57 of this Act) as from that commencement date.