An Act to exempt the Cornwall Park Trustees from liability for the payment of rates in respect of certain lands held by them upon trust as a place of public recreation and enjoyment for the people of the Dominion of New Zealand

Preamble

Whereas the lands described in the Schedule are portions of an area vested in James Hall, settler, James Henry Gunson, Knight, Albert Ernest Bollard, company secretary, and Edward Robert Nolan Russell, solicitor, all of Auckland in New Zealand (hereinafter referred to as the trustees), upon the trusts declared by a certain declaration of trust bearing date 10 June 1901, and known as the Cornwall Park Trust Deed:

And whereas by the said declaration of trust it is declared that the said lands shall be held by the trustees upon trust as a place of public recreation and enjoyment for the people of the Colony of New Zealand and also for such public purposes for the general benefit of the people of New Zealand in the way of affording them recreation, enjoyment, pleasure, and instruction and other similar benefits and advantages of that nature as the trustees shall from time to time consider best:

And whereas the said lands are rateable property within the meaning of the Rating Act 1925, and the trustees have heretofore duly paid and discharged all rates charged or levied against them in respect of the said lands by the One Tree Hill Borough Council, being the local authority within whose jurisdiction the said lands are situate:

And whereas, having regard to the public purposes for which the said lands are vested in the trustees, it is desirable expressly to exempt the trustees from liability for the payment of rates in respect thereof.

1 Short Title

This Act may be cited as the Cornwall Park Trustees Rating Exemption Act 1938.

2 Exemption of Cornwall Park Trustees from liability for payment of rates in respect of lands described in Schedule

(1) Except as provided in the next succeeding subsection, the trustees for the time being in office under the Cornwall Park Trust Deed hereinbefore referred to are hereby exempted from liability for the payment of any rates in respect of the lands or any part of the lands described in the Schedule.

(2) This section shall not apply with respect to rates made and levied by any local authority on or before 31 March 1938.

3 This Act a private Act

This Act is hereby declared to be a private Act.

Schedule

All those pieces or parcels of land being parts of Allotments Nos 3, 9, 10, and 11 of Section 11, Suburbs of Auckland, bounded, commencing at a point which is at the corner of Tiwai Road and Campbell Road by a line bearing 325°47′, 2 132.6 links; thence by a line bearing 56°14′, 3 827.8 links; thence by a line bearing 308°38′, 1 280 links; thence by a line bearing 24°24′, 234 links; thence by a line bearing 356°, 266.5 links; thence by a line bearing 334°56′, 298.5 links; thence by a line bearing 291°46′, 1 153 links; thence by a line bearing 252°15′, 253.9 links; thence by a line bearing 304°18′, 125 links; thence by a line bearing 227°48′, 976 links; thence by a line bearing 296°54′, 450 links; thence by a line bearing 24°27′, 3 623.3 links; thence by a frontage to Green Lane bearing 87°20′, 3 036.9 links; thence by a line bearing 140°49′, 1 333.7 links; thence by a line bearing 142°1′, 100 links; thence by a line bearing 144°27′, 100 links; thence by a line bearing 146°53′, 100 links; thence by a line bearing 149°20′, 100 links; thence by a line bearing 151°46′, 100 links; thence by a line bearing 154°13′, 100 links; thence by a line bearing 156°38′, 100 links; thence by a line bearing 159°5′, 100 links; thence by a line bearing 161°31′, 100 links; thence by a line bearing 181°2′, 100 links; thence by a line bearing 183°28′, 100 links; thence by a line bearing 185°54′, 100 links; thence by a line bearing 171°17′, 100 links; thence by a line bearing 190°47′, 100 links; thence by a line bearing 176°9′, 100 links; thence by a line bearing 178°36′, 100 links; thence by a line bearing 181°2′, 100 links; thence by a line bearing 183°28′, 100 links; thence by a line bearing 185°54′, 100 links; thence by a line bearing 188°21′, 100 links; thence by a line bearing 190°47′, 100 links; thence by a line bearing 193°13′, 100 links; thence by a line bearing 195°40′, 100 links; thence by a line bearing 198°6′, 100 links; thence by a line bearing 200°32′, 100 links; thence by a line bearing 202°59′, 100 links; thence by a line bearing 205°25′, 100 links; thence by a line bearing 207°51′, 100 links; thence by a line bearing 209°57′, 100 links; thence by a line bearing 210°49′, 2 800.3 links; thence by a line bearing 211°56′, 100 links; thence by a line bearing 214°11′, 100 links; thence by a line bearing 216°26′, 100 links; thence by a line bearing 218°41′, 100 links; thence by a line bearing 220°56′, 100 links; thence by a line bearing 223°11′, 100 links; thence by a line bearing 225°25′, 100 links; thence by a line bearing 227°40′, 100 links; thence by a line bearing 229°55′, 100 links; thence by a line bearing 232°10′, 100 links; thence by a line bearing 234°25′, 100 links; thence by a line bearing 236°40′, 100 links; thence by a line bearing 238°54′, 100 links; thence by a line bearing 241°9′, 100 links; thence by a line bearing 243°24′, 100 links; thence by a line bearing 245°39′, 100 links; thence by a line bearing 247°56′, 103.6 links; thence by a line bearing 246°5′, 100 links; thence by a line bearing 240°3′, 100 links; thence by a line bearing 234°1′, 100 links; thence by a line bearing 227°59′, 100 links; thence by a line bearing 221°57′, 100 links; thence by a line bearing 215°55′, 100 links; thence by a line bearing 209°53′, 100 links; thence by a line bearing 203°51′, 100 links; thence by a line bearing 197°49′, 100 links; thence by a line bearing 191°47′, 100 links; thence by a line bearing 185°44′, 100 links; thence by a line bearing 179°11′, 114.9 links; thence by a line bearing 355°38′, 280.3 links; thence by a frontage to Campbell Road bearing 239°12′, 765.1 links, back to the starting point, which is the corner of Tiwai Road and Campbell Road, containing by admeasurement 262 acres 1 rood 28 perches.

Also all those pieces or parcels of land being parts of Allotments Nos 8, 8A, and 19 of Section 11, Suburbs of Auckland, bounded, commencing at a point in Green Lane, which is the south-eastern corner of land held under lease by the Auckland Metropolitan Agricultural and Pastoral Association, Incorporated, by a parabolic curve 2 700 links; thence by a line bearing 279°35′, 2 133.3 links; thence by a frontage to Campbell Crescent, being an arc of a circle 600 links; thence by a frontage to Campbell Crescent, being an arc of a circle 280 links; thence by a line bearing 99°35′, 2 757.6 links; thence by a line bearing 100°44′, 100 links; thence by a line bearing 103°1′, 100 links; thence by a line bearing 105°9′, 100 links; thence by a line bearing 107°36′, 100 links; thence by a line bearing 109°54′, 100 links; thence by a line bearing 112°11′, 100 links; thence by a line bearing 114°29′, 100 links; thence by a line bearing 116°46′, 100 links; thence by a line bearing 119°3′, 100 links; thence by a line bearing 121°21′, 100 links; thence by a line bearing 123°39′, 100 links; thence by a line bearing 125°56′, 100 links; thence by a line bearing 128°14′, 100 links; thence by a line bearing 130°31′, 100 links; thence by a line bearing 132°49′, 100 links; thence by a line bearing 135°7′, 100 links; thence by a line bearing 137°24′, 100 links; thence by a line bearing 139°41′, 100 links; thence by a line bearing 140°41′, 1 645.3 links; thence by a frontage to Green Lane bearing 267°20′, 2 640.08 links, back to the starting point, which is the south-eastern corner of land held under lease by the Auckland Metropolitan Agricultural and Pastoral Association, Incorporated, containing by admeasurement 56 acres and 12 perches.

Also all that piece or parcel of land being part of Allotment 19, Section 11, Suburbs of Auckland, having a frontage to Campbell Crescent: bounded towards the north by an arc of a circle 46.65 links; thence towards the east by an arc of a circle 1 432.54 links; thence towards the south by an arc of a circle 46.5 links; thence towards the west by a frontage to Manukau Road, 770 links, containing by admeasurement 3 acres 1 rood 32 perches.

The total area of all the land described in the above Schedule being 321 acres 3 roods 32 perches.

1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)

Notes

1 General

This is a reprint of the Cornwall Park Trustees Rating Exemption Act 1938. The reprint incorporates all the amendments to the Act as at 17 September 1938, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
- •omission of unnecessary referential words (such as “of this section” and “of this Act”)
- •typeface and type size (Times Roman, generally in 11.5 point)
- •layout of provisions, including:
  - •indentation
  - •position of section headings (eg, the number and heading now appear above the section)
- •format of definitions (eg, the defined term now appears in bold type, without quotation marks)
- •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)
- •position of the date of assent (it now appears on the front page of each Act)
- •punctuation (eg, colons are not used after definitions)
- •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
- •case and appearance of letters and words, including:
  - •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
  - •small capital letters in section and subsection references are now capital letters
- •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
- •running heads (the information that appears at the top of each page)
- •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

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Cornwall Park Trustees Rating Exemption Act 1938