THIS DEED made the 30th day of June One thousand nine hundred and seventy six (1976) BETWEEN THE WELLINGTON FREE AMBULANCE SERVICE INCORPORATED a Society duty incorporated under the Incorporated Societies Act 1908 and having its registered office at Wellington (hereinafter called “the Free Ambulance”) of the first part, THE MAYOR COUNCILLORS AND CITIZENS OF THE CITY OF LOWER HUTT a body corporate under the provisions of the Municipal Corporations Act 1954 (hereinafter called “the Council”) of the second part and THE MAYOR COUNCILLORS AND CITIZENS OF THE CITY OF LOWER HUTT, THE MAYOR COUNCILLORS AND BURGESSES OF THE BOROUGH OF PETONE, THE MAYOR COUNCILLORS AND CITIZENS OF THE CITY OF UPPER HUTT and THE MAYOR COUNCILLORS AND BURGESSES OF THE BOROUGH OF EASTBOURNE all of which are bodies corporate under the provisions of the Municipal Corporations Act 1954 and THE CHAIRMAN COUNCILLORS AND INHABITANTS OF THE COUNTY OF HUTT a body corporate under the provisions of the Counties Act 1956 (all of which five corporate bodies are also hereinafter referred to as “the Contributing Authorities”) of the third part and THE NEW ZEALAND RED CROSS SOCIETY (INCORPORATED) a Society duly incorporated under the Incorporated Societies Act 1908 (hereinafter called “the Red Cross”) of the fourth part:

WHEREAS by a certain Deed bearing date the 5th day of July 1954 made between the first, second and third parties hereto it was agreed that the Council transfer to the Free Ambulance under its former name of “New Zealand Free Ambulance Transport Service (Wellington District) Incorporated” the pieces of land described in the First, Second and Third Schedules hereto as a replacement site for purposes of establishment and maintenance of a Free Ambulance Service for the benefit of the Hutt Valley and Eastbourne and surrounding districts and the erection on such site of a Free Ambulance Main Building the cost of same to be borne by the Contributing Authorities in certain proportions AND WHEREAS such Deed was duly validated by the Free Ambulance (Lower Hutt Site) Act 1954 AND WHEREAS the said piece of land described in the First and Second Schedules hereto are in excess of the envisaged requirements of the Free Ambulance AND WHEREAS the Red Cross has applied to the Free Ambulance for a transfer of a portion of such surplus land being the piece of land more particularly described in the First Schedule hereto from the Free Ambulance to the Red Cross as a replacement site for premises previously owned in Market Grove, Lower Hutt AND WHEREAS the Free Ambulance has with the consent of the Contributing Authorities agreed to transfer to the Red Cross the said piece of land described in the First Schedule hereto without consideration for the purpose of erecting at the expense of the Red Cross a building for the purposes of its constitution, subject to the provisions hereinafter set out AND WHEREAS the Red Cross has agreed that the said piece of land described in the First Schedule hereto to be transferred to it shall be held for the purposes of its constitution and for no other purpose AND WHEREAS the Council has applied to the Free Ambulance for a transfer of the other portion of such surplus land being the piece of land more particularly described in the Second Schedule hereto from the Free Ambulance to the Council for street AND WHEREAS the Free Ambulance has with the consent of the Contributing Authorities agreed to transfer to the Council the said piece of land described in the Second Schedule hereto without consideration for street, subject to the provisions hereinafter set out AND WHEREAS by reason of such transfers of the said pieces of land the Council has agreed with the Free Ambulance to provide suitable alternative vehicular access to its buildings on its remaining lands described in the Third Schedule hereto from its Woburn Road frontage AND WHEREAS the parties hereto have agreed to apply to Parliament for legislative validation of the terms of this Deed NOW THIS DEED WITNESSETH as follows:

• 1. IN consideration of these premises the Free Ambulance shall transfer to the Red Cross all that piece of land more particularly described in the First Schedule hereto for an estate in fee simple to be held by the Red Cross for the purposes of its constitution subject to easements (if required by the Council or the Free Ambulance) for water and sewage and stormwater from Ward Street, Lower Hutt.

• 2. THE Red Cross shall not permit or suffer the said piece of land described in the First Schedule hereto so agreed to be transferred as aforesaid to be used at any time for purposes other than hereinbefore set out.

• 3. IN consideration of these premises the Free Ambulance shall transfer to the Council all that piece of land more particularly described in the Second Schedule hereto for street.

• 4. IMMEDIATELY upon the execution of these presents and their statutory validation the Red Cross shall with all due diligence proceed to erect and duly complete a building for the purposes of its constitution in accordance with plans submitted by the Red Cross both as to construction and design and approved by both the Council and the Free Ambulance.

• 5. PRIOR to the commencement of the construction of the said building the Red Cross shall erect at its expense a fence in accordance with a construction approved by the Free Ambulance along the boundaries of the land so agreed to be transferred which adjoins the remaining land of the Free Ambulance described in the Third Schedule hereto.

• 6. THE Red Cross shall cause all construction works on the land so agreed to be transferred in such a manner as to ensure that the operations of the Free Ambulance Service are not restricted or interfered with in any way and to obtain such undertakings as may be deemed necessary from all building contractors engaged for the purpose of such construction.

• 7. AS a consequence of such transfer of the said piece of land from the Free Ambulance to the Red Cross the Council hereby agrees to provide the Free Ambulance with suitable alternative vehicular access to its building from its Ward Street frontage such access and any modification thereof which might be envisaged at any time to be approved by the Free Ambulance.

• 8. THE Red Cross shall meet all the costs and expenses of the Free Ambulance relating to all matters contained herein including the transfer of the said land described in the First Schedule hereto and the legislative validation hereof (with the exception of the costs of and incidental to the transfer of the land described in the Second Schedule hereto to the Council which shall be borne by the Council).

• 9. THE parties hereto shall forthwith apply to Parliament for legislation:

  • (a) For the validation of the terms of this Deed; and

  • (b) For the consequential amendments to the Free Ambulance (Lower Hutt Site) Act 1954.