All that parcel of land situate in the Suburbs of Auckland containing fifteen acres one decimal eight perches (15a 0r 1.8p), more or less, being parts of Allotments 12, 137, and 137A of Section 10, parts of the said land being more particularly shown as parts Lots 7, 8, 9, 10, 11, 12, 13, and 16, Deposited Plan No 3841, Lot 3 and part Lots 1, 2, and 4, Deposited Plan No 3856, and Lots 46, 47, 48, 49, 52, 53, and parts Lots 50, 51, 54, 55 and 56, Deposited Plan No 4194, being all the land in certificate title, Volume 727, folio 276, Auckland Registery, subject to fencing covenants in Transfers Nos 71643 (affects part Lot 46, Deposited Plan No 4194) and 75115 (part Lot 1, Deposited Plan 3856), and subject to Memorandum of Mortgage No 262653.

All that parcel of land situate as aforesaid containing two roods thirty decimal two perches (2r 30.2p), more or less, being parts Lots 8, 9, 10, and 11, Deposited Plan No 3841, part Allotment 137, Section 10, Suburbs of Auckland, and being all the land in certificate of title, Volume 411, folio 193, Auckland Registry.

All that piece of land situate as aforesaid containing twenty-seven decimal four perches (27.4p), more or less, being Lot 19 on Deposited Plan No 4194, part Allotment 137 of Section 10, Suburbs of Auckland, and being all the land in certificate of title, Volume 411, folio 192, Auckland Registry, subject to Memorandum of Mortgage No 262653.

All that piece of land situate as aforesaid containing twenty-six decimal six perches (26.6p), more or less, being Lot 57, Deposited Plan 4194, part Allotment 137, Section 10 of the Suburbs of Auckland, and being all the land in certificate of title, Volume 153, folio 123, Auckland Registry.

All that piece of land situate as aforesaid containing twenty-five decimal three perches (25.3p), more or less, being Lot 131, Deposited Plan No 3513, part Allotment 12, Section 10, Suburbs of Auckland, and being all the land in certificate of title, Volume 142, folio 279, Auckland Registry.

All that piece of land situate as aforesaid containing thirty-nine perches (39p), more or less, being Lot 122A, Deposited Plan No 3513, part Allotment 12, Section 10, Suburbs of Auckland, and being all the land in certificate of title, Volume 141, folio 297, Auckland Registry, subject to fencing covenant in Transfer No 42327.

The Board of Control shall consist of nine persons, of whom the Trust Board shall nominate three, the Association three, and the Union three. The first members of the Board of Control shall be the members of the old board of control holding office as at the date of the passing of this Act. As soon as is conveniently practicable after the passing of this Act, fresh nominations in terms of this paragraph shall be made by the Trust Board, the Association, and the Union respectively, and upon the making of such nominations the first members of the board of control shall cease to hold office and the nominees under such fresh nomination shall take office and shall hold office until the expiration of a period of three years, computed as from the passing of this Act. At the expiration of such period and annually thereafter one member from each group of three shall retire, but shall be eligible for renomination. The order of retirement in each group shall be governed by length of service, and in cases where this presents difficulty of application ballot shall be resorted to, it being the intention of this Act that each nominee shall hold office continuously for at least three years before being required to retire (except for the first members and those members who shall retire at the expiration of three years from the passing of this Act).

In the event of the Trust Board or the Association or the Union passing a resolution to the effect that any one or more of the persons nominated by them respectively no longer enjoy the confidence of the Trust Board, the Association, or the Union, as the case may be, then the Board of Control, upon receipt of a copy of such resolution and upon being satisfied that there are good and sufficient grounds for such resolution, may declare the seat or seats of the member or members affected to be vacant and such vacancy or vacancies shall be deemed to be casual within the meaning of the next succeeding paragraph.

In the event of a casual vacancy arising by reason of the death, resignation, refusal to act, or retirement from any cause of a member of the Board of Control, then the body by whom such member was nominated shall fill the vacancy so created and may do so immediately or at any time thereafter.

The members of the Board of Control shall from time to time appoint a Chairman, who shall preside at all meetings. Except with the consent of all the nominees for the time being of the Trust Board the Chairman shall be one of such nominees. In case of the absence of the Chairman from any meeting the members then present shall appoint a Chairman for that meeting, who shall be one of the nominees for the time being of the Trust Board, if any such nominee or nominees is or are present at such meeting.

The Board of Control shall meet for the despatch of business as often as it shall deem necessary. It shall be the duty of the Chairman to convene a meeting upon receiving a requisition in writing from any three members. If the Chairman is for any reason not available or fails forthwith upon receipt of such requisition to convene a meeting, then any three members may themselves convene a meeting. The Chairman shall also have the right to convene a meeting at any time.

Except in the case of what in the opinion of the Chairman is an emergency meeting, not less than three days' notice of any meeting shall be given. Notice of any meeting shall be given by post unless the Chairman is of opinion that it is not reasonably practicable so to do. Any notice given by post shall be deemed to have been received by the member to whom it was addressed at the time when such notice would ordinarily be delivered in the ordinary course of post and shall be deemed sufficiently given if addressed to the member concerned at his address last known to the Chairman of the Board of Control. It shall not be necessary for any such notice to give particulars of the business intended to be transacted at the meeting.

At all meetings of the Board of Control five shall form a quorum, and the Chairman shall have a casting as well as a deliberative vote. Every matter shall be determined by a majority of votes.

During the continuance of the trusts set out in subsection (1) of section 8 of this Act, and save as otherwise expressly provided to the contrary by this Act, the custody, management, and control of the trust property shall, as from the passing of this Act, be vested in the Board of Control.

Without limiting the rights and powers of the Board of Control as custodians, managers, and controllers of the trust property, it is hereby declared that the primary duty and function of the Board of Control is to use and administer the lands from time to time comprised in the trust property and the grandstands, buildings, structures, fences, and appointments from time to time within, upon, or about the said lands (hereinafter together referred to as the Park) to the best advantage of the Association and the Union respectively, by encouraging and assisting in the playing thereon of the games of cricket and Rugby Union football under the organizations of the Association and the Union respectively, and to maintain and care for the Park for such purposes.

It shall be the duty of the Board of Control from time to time to make recommendations to the Trust Board for the improvement and development of the Park and for adding to its attractions and usefulness to the intent that the Park shall at all times be an efficient playing area for the games of cricket and Rugby Union football, with adequate accommodation, comfort, and convenience for players, spectators, and public generally.

In the succeeding clauses of this Schedule:

• (a) The expression current liabilities means all liabilities of the Trust Board which from time to time have fallen due for payment but are unpaid, saving only any liability for the repayment of the principal moneys comprised in any loan of moneys.

• (b) The expression current assets means all assets of the Trust Board for the time being, saving only land and any general reserve for the time being constituted under clause 14 hereof.

The Board of Control shall punctually pay and discharge the current liabilities of the Trust Board, and except as may otherwise be specially arranged between the Trust Board and the Board of Control shall for that purpose use only the current assets of the Trust Board, save and except that the Board of Control may have recourse to such borrowing as is authorized by paragraph 3 of Part 2 of Schedule 3 to this Act. The costs and disbursements incidental to the preparation and promotion of this Act shall be a liability of the Trust Board.

Except with the previous consent of the Trust Board, the Board of Control shall exercise reasonable care not to incur any liability the discharge of which will probably involve recourse to the sale of land comprised in the trust property or to the raising of money by the exercise of any borrowing powers (other than that conferred by paragraph 3 of the Part 2 of Schedule 3) or to any general reserve constituted for the time being under paragraph 14 hereof.

If the Trust Board is at any time or times of the opinion, upon reasonable grounds, that any moneys or investments are not immediately required by the Board of Control for the payment of current liabilities, then the Trust Board may resolve that such moneys or investments be constituted a general reserve. It shall be the duty of the Board of Control to apply the moneys and investments comprised in the general reserve in or towards the payment of such liabilities of the Trust Board, whether current or otherwise, as the Trust Board may from time to time resolve, and it shall not be lawful for the Board of Control to expend any of such moneys otherwise than in pursuance of such a resolution.

The Trust Board may at any time require the Board of Control to keep any moneys forming part of the general reserve in a separate bank account.

The Trust Board may at any time resolve that any part of the general reserve shall cease to be part of the general reserve.

The Board of Control may at any time give and undertaking to the Trust Board to set aside and apply to any specific purpose any part of the revenues from the Park or any part of the current assets of the Trust Board and it shall thereupon be the duty of the Board of Control to exercise reasonable care to carry out any such undertaking, and any moneys so set aside shall not be applied to any other purpose except with the consent of the Trust Board.

At all times, notwithstanding any rights conferred upon the Association or the Union or any person or body, the custody, control, and management of the Park shall be in the Board of Control, including the right to collect the whole of the revenue of the Park, and in particular, all moneys paid for admission to the grounds and stands, including ground members' tickets, or derived from the grant of rights (except programme rights) or privileges for advertising or exhibiting in the Park or for catering or for booths or stalls thereon, and all other rights or privileges whatsoever.

Notwithstanding the provisions of the last preceding paragraph hereof, the Board may delegate during the cricket season to the Association and during the football season to the Union, powers (limited as the Board shall see fit) to manage the ground, gates, and stands, and to collect the revenue therefrom in respect of any match or series of matches, but such delegation shall be upon such conditions and subject to such supervision, restrictions, and limitations as the Board of Control may from time to time impose, and shall be revocable in part or in whole at any time without it being necessary for the Board of Control to specify the reasons for such revocation. In every case where such delegation of powers shall be made, the body acting thereunder shall be deemed to be the agent of the Trust Board and shall be accountable as such. From and after the passing of this Act a delegation as provided for by this paragraph shall be deemed to have been made by the Board of Control to the Association and to the Union respectively to the same extent and upon the same terms and conditions, so far as the same are consistent with this Act, as existed in relation to the delegation of powers to the Association and the Union respectively by the old board of control immediately prior to the passing of this Act.

Subject to the terms of the last-preceding paragraph hereof, all persons necessary for the proper and efficient carrying out of the custody, control, and management of the Park, including groundsmen or curators, shall be appointed and employed by and be under the exclusive control of the Board of Control acting for and on behalf of the Trust Board.

Subject as aforesaid, in the case of every match or game promoted by or played under the control of or with the sanction of either the Association or the Union and in respect of which a charge for admission is made, the Board of Control shall, for and on behalf of the Trust Board, appoint and employ all gatemen, ticket sellers, clerks, attendants, and servants deemed by the Board of Control to be necessary in the circumstances.

The Board of Control shall deal with and dispose of moneys received for admission to the grounds and stands in relation to such matches and games as are referred to in the last preceding paragraph hereof as follows:

In the first place the Board of Control shall retain out of such moneys such sum as shall be sufficient to cover the whole of the cost and expenses incurred by the Board of Control in connection with such match or game (including amusement tax if any) or in anywise relating or incidental thereto, and in the event of the amount received being insufficient for that purpose then the deficiency shall become a debt owing to the Trust Board by the Association or the Union as the case may be.

In the next place the Board of Control shall retain and pay into the funds of the Trust Board the percentage upon the gross amount received, prescribed in the next succeeding paragraph, and any balance of the said moneys shall be paid by the Board of Control to the Association or the Union as the case may be.

The percentages to be retained (or to be received as the case may be) by the Board of Control as aforesaid shall be as follows:

• (a) In the case of a cricket match other than a representative match, seventy dollars ($70) per centum of the gross amount received from all sources.

• (b) In the case of a cricket representative match, forty dollars ($40) per centum of the gross amount received for admission to the grounds and all stands.

• (c) In the case of a football match other than a representative match, fifty dollars ($50) per centum of the gross amount received for admission to the grounds and twenty dollars ($20) per centum of the gross moneys received for admission to the larger stand (commonly known as the football stand).

• (d) In the case of a football representative match other than one controlled by the New Zealand Rugby Union, forty dollars (40) per centum of the gross amount received for admission to the grounds and twenty dollars ($20) per centum of the gross moneys received for admission to the larger football stand aforesaid.

• (e) In the case of a football representative match controlled by the New Zealand Rugby Union, thirty-three dollars and thirty-three and one third cents ($33.33 ⅓) per centum of the gross amount received for admission to the grounds and all stands:

Provided that the total amount retained or received by the Board of Control under (c) and (d) shall not in any one football season exceed the sum of two thousand dollars.

Subject to the proviso hereinafter contained, the issue of ground members' tickets and the charge therefor and the privileges passing thereby shall be under the sole control of the Board of Control, and all moneys received from the issue and sale of such shall be received by the Board of Control and become part of the funds of the Trust Board, provided always that the practice and system hitherto in operation regarding the issue and sale of ground members' tickets, giving the right to admission to the ground and all stands during the year shall be maintained under the control of the Board of Control and the rights of persons who immediately prior to the passing of this Act were ground members shall be preserved and renewed from time to time. No greater number of persons shall receive ground members' tickets than held such tickets as at the passing of this Act unless the Association and the Union agree to an increase in the number of such tickets which may be issued.

Settlement by the Board of Control with the Association and the Union respectively shall be made not later than seven (7) days after each match, and quarterly accounts shall be rendered by the Board of Control to the Association and the Union respectively.

The tariff of charges for admission to the Park and any part thereof or stand thereon upon the occasion of any match or game played under the control of the Association or the Union shall be from time to time fixed by the Association or Union as the case may be, but shall not either as to gates or stands be less than the charges made during the cricket season or the football season last concluded prior to the passing of this Act without the consent of the Board of Control.

The books of account required by this Act to be kept by the Board of Control for and on behalf of the Trust Board shall be open to inspection by the Association or the Union at all reasonable times. The financial year of the Trust Board shall commence on the 1st day of April of every year and close on the 31st day of March of the following year, and the Board of Control shall on or before the 15th day of June in each year supply each of them, the Trust Board, the Association, and the Union, with three copies of the annual report, balance sheet, and profit and loss account covering the year just ended.

The Board of Control shall have the power at any time and from time to time to appoint any person or persons to be life ground members of the Park to the intent that from and after such appointment such person or persons shall be entitled to admission free of charge at all times to all parts of the Park, to all stands and enclosures thereon. All persons who from time to time shall hold office as members of the Trust Board shall by virtue of their office be and become life ground members of the Park, and the provisions of paragraph 25 of the Management Agreement are hereby ratified and confirmed to the intent that such persons as immediately prior to the passing of this Act were ex officio members of the Park shall continue to be so.

For the purposes of this Schedule the cricket season shall be deemed to commence on the 15th day of October and to close on the 14th day of April, and the football season to commence on the 15th day of April and to close on the 31st day of August for the grounds known at present as Nos 2 and 3, and the first Saturday after the 30th day of September for the ground at present known as Ground No 1. Notwithstanding the foregoing provisions, the Board of Control shall have power from time to time to alter the commencing and closing dates, or either of them, in relation to any particular cricket or football season provided either:

• (a) It shall have first obtained the consent of the Association and the Union; or alternatively

• (b) If, without having obtained such consent, the Board of Control considers it desirable to make such an alteration and the purpose of such alteration is a purpose directly connected either with cricket or with Rugby Union football.

For the period of the cricket season the Association shall be entitled to the use of the Park on all Saturdays and also on all such other days during the cricket season as the Board of Control shall determine and subject to such conditions and restrictions as the Board of Control may from time to time impose, and for the period of the football season the Union shall be entitled to the use of the Park on all Saturdays and also on all such other days during the football season as the Board of Control shall determine and subject to such conditions and restrictions as the Board of Control may from time to time impose: Provided always that the Board of Control may, upon giving reasonable notice and paying such compensation as to the Board of Control may seem reasonable upon the arising of circumstances deemed by the Board of Control to be exceptional, withdraw any day from either the Association or the Union and use the Park on that day for purposes other than those of the Association or the Union as the case may be, but this power shall be exercised sparingly and (except with the consent of the Association or the Union as the case may be) so as to affect one Saturday only in any one cricket or football season and only in exceptional circumstances with the object of providing for a game, demonstration, or exhibition of unusual importance and public interest, and then only provided that six members of the Board of Control shall be in favour of the power being exercised.

It shall be the duty of each of them, the Association and the Union respectively, to cause to be played at the Park all their principal first-grade matches for which accommodation can be provided and to use their best endeavours to procure to be played at the Park as many college and grammar school matches as may be practicable.

It shall be the duty of the Association and the Union respectively to use their best endeavours to ensure that all matches to be played in Auckland promoted by the New Zealand Cricket Council and by the New Zealand Rugby Union respectively shall so far as is reasonably possible be played at the Park.

All questions, disputes, and differences whatsoever which may at any time or times hereafter arise between the Trust Board, the Board of Control, the Association, and the Union, or any two or more of them, concerning the proper meaning and construction of paragraphs 16 to 24 inclusive and 27 to 30 inclusive of this Schedule, or any of them (with any variations, modificatins, or additions made thereto from time to time), or concerning the rights or obligations of any of them under such paragraphs, or any of them, shall be referred to arbitration in accordance with the Arbitration Act 1908 or any amendment thereto or re-enactment thereof for the time being in force. Any reference to arbitration under this paragraph or under paragraph 26 of this Schedule shall be to a single arbitrator to be agreed to by all the parties to the dispute or difference. In the event of the parties failing to agree upon the appointment of an arbitrator within seven days after any party to the dispute or difference has called upon the other party or parties by notice in writing to agree upon the appointment of a person named in such notice then any party to the dispute or difference may apply to the High Court which may thereupon appoint an arbitrator who shall have the like powers to act in the reference and make an award as if he had been appointed by consent of all parties.