This Act may be cited as the Wellington City Exhibition Grounds Act, 1927.

In this Act, unless inconsistent with the context,—

Notwithstanding anything to the contrary in any Act, or in the deed dated the twentieth day of March, eighteen hundred and seventy-three, made between the Superintendent of the Province of Wellington and the Mayor, Councillors, and Citizens of the City of Wellington (hereinafter termed “the vesting deed”), whereby (inter alia) the Town Belt reserves of the City of Wellington are now vested in the Corporation upon and subject to the trusts and with the powers in the said deed set forth affecting the same, the Wellington City Council shall hold the exhibition site for the purposes hereinafter specified, and subject to and pursuant to the provisions of this Act.

So long as this Act is in force all statutory provisions specially relating to the Town Belt, and the trusts relating to the Town Belt, and the powers of leasing relating to the Town Belt contained in the vesting deed, shall be suspended in relation to and shall not apply to the exhibition site.

The Council shall permit the association, with moneys provided by the association, to construct an exhibition hall and grounds on the exhibition site.

All buildings shall be erected in conformity with the plan submitted to and approved by the Council, or in conformity with such altered plan as the Council may hereafter approve.

All excavation works and laying-out of grounds, fencing, and other work shall be constructed and carried out in accordance with plans approved by the Council to the satisfaction of the Council.

The Council shall be under no financial or contractual obligations in respect of any works carried out on the site, and no statutory charge or lien shall attach to the exhibition site by reason of such work under the Wages Protection and Contractors’ Liens Act, 1908, or any other Act.

All works to be constructed, executed, or done under this Act shall be carried out and paid for by the association.

No work shall be undertaken by the association under this Act unless the same be properly and completely financed by the association, and the association supply to the Council a statement from its bankers that the credit of the association is sufficient to meet the association’s obligations as they arise, and the Council approves, by resolution, of the carrying-out of such works.

No contract for any work to be done under this Act shall be binding unless it is approved after execution by the Council under seal.

The association shall have the right to occupy and use exclusively the said buildings and grounds (except the playground) for shows, contests, meetings, and entertainment purposes on one hundred days in each year, at periods to be mutually agreed on by the Council and the association, and on such other occasions as the Council shall from time to time by resolution permit.

The scale of charges to be made for the use of the said buildings and grounds, also the admission charges, space rent, and other charges, when the grounds and buildings are occupied and used by the association, shall be fixed by the association with the approval of the Council.

The Council shall, subject to the rights given under section seven hereof, have the right to occupy and use exclusively the said buildings and grounds free of charge on the other days of the year when the association’s right of occupation and user are not exercisable, subject to the following conditions:—

Notwithstanding anything herein contained, the public shall, subject to the provisions of any by-law made for the protection of the land or buildings affected by this Act, have free right at all times (except when shows, exhibitions, contests, meetings, or entertainments are being held) to enter and remain upon any part of the exhibition site except such parts of the same as are occupied by buildings.

The association may at any time during the continuance of the operation of this Act borrow, by way of debentures or otherwise, at a rate not exceeding eight pounds per centum per annum, any sum or sums of money not exceeding in the aggregate fifty thousand pounds for the purpose of constructing and furnishing the exhibition buildings authorized to be constructed by this Act, and for executing any other work authorized by this Act.

The association shall use not less than five thousand pounds of the funds to its credit on the thirty-first day of August, nineteen hundred and twenty-six, for the purposes of the works authorized under this Act.

Until all moneys borrowed by the association under this Act have been repaid, all revenue received by the association shall, from and after the passing of this Act, be applied as follows:—

If the revenue applicable to meeting the expenditure mentioned in section eleven hereof shall be insufficient to meet the purposes thereof the deficit shall be made up from time to time by the association.

The control of the buildings and grounds shall be vested in the Council, but the Council shall have power to delegate all its functions, including the appointment of a manager, staff, agents, and employees, to a committee of the Council appointed and acting under the provisions of the Municipal Corporations Act, 1920, on which committee two members shall be Councillors appointed by the Council, and the rest shall be persons appointed by the Council annually on the nomination of the association; but the Council shall not be bound to appoint any such nominee, and may, if it thinks fit, remove any member of the committee.

After all moneys borrowed by the association under this Act have been paid off the following provisions shall apply:—

The Corporation may retain any profits received by it for the use of the ground or buildings at times when the same are not allocated to the use of the association. Such moneys shall be expended only for the purposes of the city’s recreation reserves.

The Council and the association shall respectively bear such share of the cost of maintenance, repair, and insurance of buildings, of attendants and servants, and of the cost of cleaning the buildings and maintenance of grounds, as may be agreed upon between the Council and the association.

The profits made or received by the association shall be appropriated as follows:—

The association shall, in conjunction with the other works which it is authorized to execute, within three years from the passing of this Act, or such further time as may be fixed by the Council under the provisions of this Act, construct to the satisfaction of the Council, according to plans and specifications approved by the Council so as to be suitable for a cricket and football ground, the area marked “Playground” on the plan mentioned in the First Schedule hereto, and shall fence such area to the satisfaction of the Council.

Such grounds shall be used as a children’s playground at all times:

Provided always that the association shall have exclusive use of this ground during the periods of its Winter Show and of its Summer Show, and on such Saturday afternoons as the association requires the ground and is entitled to use the same under the provisions of this Act, and on such other occasions as may be agreed upon between the association and the Council, with the consent of the Wellington Education Board.

The association shall during the construction of the works authorized by this Act make provision to the satisfaction of the City Surveyor for the deposit of any spoil that may during the period of such construction be removed by the Wellington Education Board from its adjacent school-site.

The strip fifty feet wide shown on the plan mentioned in the First Schedule hereto lying between Town Sections 907, 909, and 911 and the exhibition site shall be maintained by the association as an approach to the playground.

The Council shall, as soon as the deviation street shown on the said plan mentioned in the Second Schedule hereto is constructed in accordance with the provisions of this Act, by resolution close the portion of Hutchison Road situate on the exhibition site.

The erection of buildings authorized by this Act, and the works authorized by this Act, shall be executed and done until completion of the same upon and subject to the conditions and provisions set out in the Second Schedule hereto.

The association shall in the erection of buildings and the completion of works authorized by this Act expend money to the satisfaction of the Council as follows:—

If the association fails at any time to comply with the provisions of subsection one of this section the Council may, if it thinks fit, determine all rights of the association under this Act, and in such case the operation of this Act shall cease.

If the association shall, in the opinion of the Council, substantially fail to comply with any of the provisions of this Act other than those mentioned in section twenty of this Act, or if sufficient funds are not provided to maintain the buildings and grounds situate on the exhibition site in good repair and condition, the Council may, by special order made pursuant to the provisions of the Municipal Corporations Act, 1920, declare that the provisions of this Act cease to operate.

If before the meeting to be held to confirm the special order any aggrieved person objects to the making of the special order the confirming resolution shall not be passed until the Council has had an inquiry into the grounds of objection of any such person.

No special order shall operate or take effect until it has been consented to as fair and equitable by the Supreme Court of New Zealand on application made for that purpose by an originating summons.

This Act shall continue in force for a period of fifty years from the passing thereof and no longer, and immediately on the expiration of such period the exhibition site shall revert to the Corporation and be held by it as pleasure-grounds and buildings under the Municipal Corporations Act, 1920, and particularly under section three hundred and two thereof.