Reserves and Other Lands Disposal Bill 237-2 (2007), Government Bill

Bill by clause

19 Background
  • (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.