• “(6) Until the Council passes a resolution under subsection (5) of this section in respect of the land thirdly described in the First Schedule to this Act (old Synagogue site), or in respect of any part of it, the Council may let or lease the same or any remaining part to which such a resolution has not been applied, for such professional, commercial, cultural, or community purposes as the Council considers will be likely to require minimum interference with the external appearance of the old Synagogue building, yet will ensure that the building is kept in constant use.

• “(6A) Any such letting or leasing may permit the tenant or lessee, subject to the Council's supervision, to make alterations or additions to that building, within the foregoing limitations, but the Council may nevertheless permit the demolition or replacement of any other building on the said land if, in the Council's opinion, such demolition or replacement would enhance the appearance or impact of the old Synagogue building and will assist with the financial viability of the use to which the property is to be put.

• “(6B) Any use of the said land and of any building on it, and any proposed alteration to the old Synagogue building, shall comply with the provisions of the Town and Country Planning Act 1977 and of the Historic Places Act 1980.

• “(6C) Notwithstanding anything to the contrary in this Act, any lease granted pursuant to subsection (6) of this section may be for such term, either less or more than 21 years, as the Council thinks fit, but any lease for a total term in excess of the period authorised by section 4A(1)(b) of this Act shall contain a provision that it may be terminated by the Council at any time after the expiration of the maximum period stated in that section (which shall run from the date of commencement of that lease or any earlier lease granted pursuant to this Act) after having given not less than 12 months' notice in writing of intention so to do, if in the Council's opinion it is in the public interest that the lease should be terminated so as to make the property available for the public in general.

• “(6D) Any termination of a lease under subsection (6C) of this section shall be subject to the payment of compensation by the Council to the lessee for the fair market value of the undertaking as a going concern and, in determining the fair market value, regard shall be had to such matters as may be appropriate including, but not by way of limitation, the following matters:

  • “(a) The value of the lessee's improvements (as defined in section 2 of the Valuation of Land Act 1951) at the time of termination:

  • “(b) The value of chattels, fixtures, and fittings:

  • “(c) The value of goodwill.

• “(6E) In case of disagreement, the fair market value shall be determined by arbitration in accordance with the Arbitration Act 1908.

• “(6F) Section 4A(1)(g) of this Act shall be read subject to the provisions of subsections (6A) and (6C) of this section.

• “(6G) Any tenant or lessee of the said land or any part of it may, with the prior written consent of the Council, sublet or sublease a portion of the land for such term and subject to such conditions and restrictions as the Council may stipulate.

• “(6H) Any resolution passed pursuant to subsection (5) of this section, and any letting or leasing or subletting or subleasing as authorised by this section, shall be deemed not to be a subdivision of the land thirdly described in the First Schedule to this Act for the purposes of Part XX of the Local Government Act 1974 or for any other purpose.”

• “(c) In works of public utility or ornament in the City of Auckland, or in furtherance of recreation, education, science, and art, or for the improvement of any form of culture, or for the improvement or development of amenities for the public:”.