Whereas the General Trust Board of the Diocese of Auckland (hereinafter referred to as the Board) is registered as proprietor of an estate in fee simple in all that parcel of land containing one (1) acre twenty-six (26) perches, more or less, being Lot 1 on Deposited Plan 59867 and being part Allotment 67 of the Parish of Mahurangi and being all the land comprised and described in certificate of title, Volume 15A, folio 372 (North Auckland Registry) (hereinafter referred to as the land first described):
And whereas the Board is registered as proprietor of an estate in fee simple in all that parcel of land containing one (1) acre one (1) rood thirteen decimal six (13.6) perches, more or less, being Lot 2 on Deposited Plan 59867 and being part Allotment 67 of the Parish of Mahurangi and being all the land comprised and described in certificate of title, Volume 15A, folio 373 (North Auckland Registry) (hereinafter referred to as the land secondly described):
And whereas under and by virtue of Conveyance No 6772B dated 3 August 1872 John Reid Brown of Tapu, settler, did convey the said land unto Charles Heaphy, VC of Auckland, Theophilus Kissling, and James Wathen Preece both of Auckland, Esquires, for and on behalf of the General Synod in trust for and to permit and suffer the same to be used as a place for the burial of the dead according to the rites and ceremonies of the Church of England:
And whereas the Board is now as hereinbefore recited the registered proprietor of the land first described and of the land secondly described and holds both portions of land upon the same trusts created in and by the aforementioned Conveyance No 6772B:
And whereas interments of the dead have for many years been carried out on the land secondly described:
And whereas the Warkworth Town Council (hereinafter called the Council) has recently published the statutory 5-yearly review of its operative district scheme:
And whereas on the District Map relating to the said 5-yearly review the land first described is zoned “residential”
and the land secondly described is designated as “cemetery”
:
And whereas it has been agreed (inter alia) between the Board and the Council—
(a)
that legislation be promoted uplifting the trust hereinbefore described insofar as it applies to the land first described; and
(b)
that all rates levied on the land first described up to and including a date hereinafter defined shall be remitted; and
(c)
that it is not desirable that the land first described be utilised for the interment of the dead.