This Act may be cited as the Reserves and Other Lands Disposal Act 1969.

Except as provided in sections 10 and 12, this Act shall come into force on the date of its passing.

Whereas the land described in subsection (8) was vested in the Mayor, Councillors, and Citizens of the Borough of Thames (in this section referred to as the corporation) by section 5 of the Thames Harbour Act 1936:

And whereas part of the land is below the ordinary spring tide highwater mark and it is desirable that the Thames Borough Council should be empowered to reclaim that part:

And whereas the corporation no longer requires the land for the purposes of the Thames Harbour:

And whereas the council desires to sell, exchange, or lease the land for the purposes of encouraging the development of industry in the Borough of Thames but has no power to do so:

And whereas it is desirable that the council should be empowered to sell, exchange, or lease the land:

Be it therefore enacted as follows:

The Thames Borough Council is hereby authorised, subject to the provisions of sections 176 to 182 of the Harbours Act 1950, to reclaim from the bed of the Kauaeranga River and the Thames Harbour any part of the land that is for the time being below the ordinary spring tide highwater mark. The provisions of section 175B of the Harbours Act 1950 shall not apply in respect of any land so reclaimed.

The land is declared to be held by the corporation for an estate in fee simple absolute freed and discharged from all reservations and restrictions, except the reservation imposed by section 3 of the Thames Harbour Board Act 1907 which shall continue to apply.

Notwithstanding anything to the contrary in any enactment or rule of law, but subject to the provisions of the Municipal Corporations Act 1954, the council may, in the name and on behalf of the corporation, without further authority than this section, sell, exchange, or lease the whole or any part of the land in such manner and on such terms as it thinks fit and grant such easements and other incorporeal hereditaments over the land as may be necessary to facilitate the enjoyment and use of any other land in the vicinity of the first-mentioned land:

provided that no part of the land for the time being situated below the ordinary spring tide highwater mark may be sold or exchanged unless the consent of the Minister of Marine has first been obtained:

provided also that no part of the land which may be required by the Hauraki Catchment Board in respect of any scheme to control the flooding of the Kauaeranga River may be sold or leased except with the consent of that board.

The council shall reserve as a riverbank reserve from any sale, exchange, or lease under subsection (3) a strip of land not less than 66 feet wide along that part of the land adjacent to the Kauaeranga River.

Subject to the provisions of the Municipal Corporations Act 1954, the council may apply all or any of the net proceeds of any sale, or the rent from any lease, of any part of the land for any purpose within its powers.

This section is deemed to be a special Act for the purposes of the Harbours Act 1950.

The District Land Registrar of the South Auckland Land Registration District may, on being requested to do so by the Thames Borough Council, subject to the deposit of such plans as he may require, issue such certificates of title, and make such entries in his register as may be necessary to implement the provisions of this section.

The land to which this section relates is particularly described as follows:

Whereas the land described in subsection (3) is part of the cemetery known as the Kioreroa Public Cemetery situated in the County of Whangarei:

And whereas the land is part of a parcel of land which was, by Order in Council dated 26 July 1939 and published in the Gazette on 3 August in that year at page 2096, declared to be a closed cemetery and vested in the Mayor, Councillors, and Citizens of the City of Whangarei (in this section referred to as the corporation) as from 1 September 1944:

And whereas the land is subject to the Burial and Cremation Act 1964 and, by virtue of section 43 of that Act, may not be sold or leased or otherwise disposed of or diverted to any other purpose:

And whereas the land has never been used for burials and the Whangarei City Council requires it for general municipal purposes:

Be it therefore enacted as follows:

Notwithstanding the provisions of the Burial and Cremation Act 1964 or any other enactment or rule of law, the land is declared to be held by the corporation for an estate in fee simple absolute as a reserve for municipal purposes subject to the Reserves and Domains Act 1953, but freed and discharged from all other reservations and restrictions.

The District Land Registrar of the North Auckland Land Registration District may, on being requested to do so by the Whangarei City Council, subject to the deposit of such plans as he may require, issue such certificates of title, and make such entries in his register, as may be necessary to implement the provisions of this section.

The land to which this section relates is particularly described as follows:

Whereas the land firstly described in subsection (3) (in this section referred to as the first land) is part of an area which was, pursuant to section 20 of the Reserves and Other Lands Disposal Act 1955, set apart by Order in Council dated 8 August 1956 and published in the Gazette on the 16th day of that month at page 1101 for the purposes of the Wallaceville Animal Research Station:

And whereas certain easements of right of way were granted over part of the first land to the Wellington Racing Club Incorporated (in this section referred to as the club):

And whereas the land secondly described in subsection (3) was held by the club for an estate in fee simple absolute in possession:

And whereas the Minister of Agriculture in the name of and on behalf of Her Majesty the Queen of the one part and the club of the other part have agreed to exchange the first and second land:

And whereas the club has performed its part of the agreement by transferring to Her Majesty the Queen the second land by memorandum of transfer numbered 763800 registered in the Land Registry Office at Wellington:

And whereas the said section 20 provides that the land which has been set apart under that section may be used for the purposes of the Wallaceville Animal Research Station and for no other purpose:

And whereas it is desirable to implement the agreement by enabling Her Majesty to grant the first land to the club:

Be it therefore enacted as follows:

Notwithstanding the provisions of section 20 of the Reserves and Other Lands Disposal Act 1955, Her Majesty the Queen is hereby authorised to grant the first land to the club for an estate in fee simple absolute subject to the easements created by transfer numbered 370215 (Wellington Land Registry), but freed and discharged from all other interests and restrictions.

The second land is declared to be subject to the provisions of section 20 of the Reserves and Other Lands Disposal Act 1955 as if it had been Crown land set apart by Order in Council made under subsection (1) of that section.

The land to which this section relates is particularly described as follows:

Whereas the land described in subsection (3) was by deed dated 29 July 1869 conveyed to Wilson Fisher, Henry Sedcole, Phillip Briggs, William Hayward, and Thomas Broome, all of Oxford, as trustees to hold the land as a site for a mechanics institute for the use and benefit of the inhabitants of the Oxford district:

And whereas the trustees are all now dead and no new trustees have been appointed:

And whereas a mechanics institute was established on the land and has been used for many years as a public library:

And whereas the institute building has been dismantled, and the public library has been moved to premises owned by the Chairman, Councillors, and Inhabitants of the County of Oxford (in this section referred to as the corporation) and is still carried on at those premises:

And whereas the land is no longer required for the purposes of a mechanics institute:

And whereas it is desirable that the land be vested in the corporation for sale or lease and that the net proceeds of any such sale or rent from any such lease be used for the benefit of the Oxford Public Library:

Be it therefore enacted as follows:

The land is hereby vested in the corporation for an estate in fee simple absolute, freed and discharged from all trusts, reservations, and restrictions.

Notwithstanding the provisions of the Counties Act 1956 or any other enactment or rule of law, the Oxford County Council, in the name and on behalf of the corporation, is authorised to sell, exchange, or lease the land and to apply the net proceeds of any such sale or the rent from any such lease for the purposes of any public library for the time being established for the benefit of the inhabitants of the Oxford district.

The land to which this section relates is particularly described as follows:

Whereas Comalco Industries Pty. Limited, a duly incorporated company having its registered office at Melbourne in the State of Victoria in the Commonwealth of Australia, desires to have the use of certain land on the Tiwai Peninsula in the County of Southland for the establishment and operation of an aluminium smelter and other undertakings, whether of a like kind or not:

And whereas the Land Settlement Board in the name and on behalf of Her Majesty the Queen of the one part and the company of the other part have entered into an agreement which will facilitate the establishment on the land of the smelting plant and other works and undertakings:

And whereas Comalco Aluminium Limited, a duly incorporated company having its registered office at Wellington, is the registered lessee of the land firstly described in subsection (7) (in this section referred to as the first land) and that company has consented to the surrender of its lease:

And whereas Comalco Aluminium Limited is the registered proprietor of the land secondly described in the said subsection (7) (in this section referred to as the second land) and that company has agreed to transfer that land to Her Majesty the Queen as Crown land subject to the Land Act 1948:

And whereas the board, in the name and on behalf of Her Majesty, has, in consideration of the payment of such purchase price as may be determined by the board, undertaken in the agreement to grant to Comalco Industries Pty. Limited the land thirdly described in the said subsection (7) (in this section referred to as the third land):

And whereas, for the purpose of enabling the last-mentioned company to have full control of the landward end of the wharf which will serve the smelter, it is desirable that section 58 of the Land Act 1948 should not apply to the disposal of that part of the third land which adjoins the mean highwater mark of the sea in Bluff Harbour:

And whereas certain public roads on the peninsula have not been formed and it is desirable for the purposes of this section that they should be stopped:

And whereas the board has undertaken in the agreement to lease to the last-mentioned company under section 67 of the Land Act 1948 the land fourthly described in the said subsection (7) (in this section referred to as the fourth land):

And whereas it is desirable that no mining privilege or coal mining rights should be granted over any part of the Tiwai Peninsula, except with the consent of the Minister of Mines:

And whereas it is desirable that the agreement be implemented:

Be it therefore enacted as follows:

Notwithstanding anything to the contrary in the Public Works Act 1928 or in any other enactment or rule of law, the public roads shown on SO Plan 7897 lodged in the office of the Chief Surveyor at Invercargill, and thereon coloured green, are hereby stopped; and the land comprising those roads shall be dealt with in accordance with this section as if it were Crown land subject to the Land Act 1948.

The Commissioner of Crown Lands at Invercargill shall, on payment to him by the company of the purchase price determined by the board in respect of the third land and on the surrender by Comalco Aluminium Limited of the renewable lease (numbered RL 402) of the first land to Her Majesty the Queen and the transfer of the second land by that company to Her Majesty, issue in the name of Comalco Industries Pty. Limited, or in the name of any nominee of the company, a certificate under section 116 of the Land Act 1948 in respect of the third land.

Section 58 of the Land Act 1948 shall not apply to the disposal under subsection (2) of that part of the third land which adjoins the mean highwater mark of the sea in Bluff Harbour.

On the issue of the certificate referred to in subsection (2), section 59 of the Land Act 1948 shall apply to all of the third land except that part of it which formerly comprised part of the second land.

The board shall grant to Comalco Industries Pty. Limited or to its nominee a lease under section 67 of the Land Act 1948 of the fourth land for a term of 10 years. The lease shall—

Except with the consent of the Minister of Mines, no mining privilege under the Mining Act 1926 or coal mining rights under the Coal Mines Act 1925 shall be granted over any part of the Tiwai Peninsula (being all that area of land in the Southland Land District adjoining and to the west of the south-western boundary of Section 19, Block XV, Campbelltown Hundred) or over any adjacent islands in Awarua Bay.

The land to which this section relates is particularly described as follows:

Whereas the land described in subsection (5) (in this section referred to as the land) is part of the Turnbull Thomson Park in the City of Invercargill, given to the Mayor, Councillors, and Citizens of the City of Invercargill (in this section referred to as the corporation) pursuant to a deed dated 22 September 1933 for the purpose of a public park and public gardens, sports grounds, and playing grounds for the recreation, enjoyment, and amusement of the citizens of the City of Invercargill:

And whereas the Invercargill City Council desires to sell the land for housing purposes and to apply the proceeds of sale in the manner provided in subsection (3):

And whereas it is desirable that provision should be made accordingly:

Be it therefore enacted as follows:

The land is declared to be held by the corporation for an estate in fee simple absolute, freed and discharged from all trusts, reservations, and restrictions, and shall be held, administered, and disposed of in accordance with the provisions of this section.

Notwithstanding anything to the contrary in the Municipal Corporations Act 1954 or in any other enactment or rule of law, the Invercargill City Council may, in the name and on behalf of the corporation, without further authority than this section, sell all or any of the land in such manner, on such terms, and subject to such conditions as it thinks fit.

The proceeds from the sale of the land, after providing for the costs of sale, shall be applied by the council towards the development and improvement of the balance of the park.

The District Land Registrar of the Southland Land Registration District may, on being requested to do so by the Invercargill City Council, subject to the deposit of such plans as he may require, issue such certificates of title, and make such entries in his register, as may be necessary to implement the provisions of this section.

The land to which this section relates is particularly described as follows:

Whereas Cornwall Park in the Borough of One Tree Hill is vested in the Cornwall Park Trustees:

And whereas the Auckland Hospital Board has been in occupation of an area (now approximately 26 acres) of the park since 16 December 1944 pursuant to various deeds of agreement entered into between the board and the trustees:

And whereas the board and the trustees entered into a further deed dated 11 August 1969 authorising the board to continue to occupy the area for a further period of 5 years from and including 16 December 1968, subject to the payment to the trustees of the amount of compensation specified in the deed and to certain other conditions specified therein:

And whereas the further deed provides that it shall not be binding on the board and the trustees until it is validated by legislation:

And whereas it is desirable that the deed dated 11 August 1969 should be confirmed and validated:

And whereas earlier deeds which were confirmed and validated by section 36 of the Reserves and Other Lands Disposal Act 1950 and by section 2 of the Reserves and Other Lands Disposal Act 1958 are now redundant and it is therefore desirable that those sections should be repealed:

Be it therefore enacted as follows:

The trustees and the board shall be deemed always to have had the power to enter into the deed dated 11 August 1969; and that deed is hereby confirmed and validated and shall be binding in law on the trustees and the board in all respects and shall be deemed to have been in full force and effect according to its tenor from and including 16 December 1968.

Section 36 of the Reserves and Other Lands Disposal Act 1950 and section 2 of the Reserves and Other Lands Disposal Act 1958 are hereby consequentially repealed.

This section shall be deemed to have come into force on 16 December 1968.

Whereas the land described in subsection (2) is set apart as permanent State forest land under the Forests Act 1949:

And whereas it is desirable that it should be declared Crown land subject to the Land Act 1948:

Be it therefore enacted as follows:

The setting apart of the land described in subsection (2) as permanent State forest land is hereby revoked and the said land is hereby declared to be Crown land subject to the Land Act 1948.

The land to which this section relates is particularly described as follows:

Whereas the provisions of the Invercargill Reserves Leasing Act 1901 are no longer operative and it is therefore desirable that that Act should be repealed:

Be it therefore enacted as follows:

The Invercargill Reserves Leasing Act 1901 is hereby repealed.

Amendment(s) incorporated in the Act(s).