An Ordinance to transfer to and vest in the University of Otago certain lands now vested in the Superintendent of the Province of Otago in trust as an endowment for the said University

Preamble

WHEREAS the lands and hereditaments described in the Schedule to this Ordinance annexed are vested in the Superintendent of the Province of Otago and his successors subject to the provisions of certain Acts passed by the Parliament of New Zealand intituled respectively the Public Reserves Act 1854 and the Public Reserves Act Amendment Act 1862 in trust as an endowment for the University of Otago incorporated by the Ordinance of the Superintendent and Provincial Council of the said Province of Otago passed in the 25th Session thereof, No 280, and intituled “An Ordinance to Incorporate the University of Otago”: AND WHEREAS by the said Public Reserves Act Amendment Act 1862 it is provided that it shall be lawful for the Superintendent and Provincial Council of any Province by any Act or Ordinance to be from time to time duly passed in that behalf to direct and declare that any land vested or which might thereafter be vested in the Superintendent of any Province under the provisions of the said Public Reserves Act 1854 upon trust for any public purposes should be transferred to and vested in and held by any Corporation, Commission or other person or persons having corporate succession to be named in such Act or Ordinance in trust for the like or for any other public purpose to be specified and declared in such Act or Ordinance in such manner and with such powers of lease, management and disposition over the same and over all rents, issues, profits and proceeds thereof and other powers, provisions and conditions as should in such Act or Ordinance be expressed or declared: AND WHEREAS it is expedient that the said lands and hereditaments so vested in the Superintendent of the said Province of Otago as aforesaid in trust as an endowment for the said University of Otago and described in the said Schedule hereto should be transferred to and vested in the said University of Otago upon the trusts and with and subject to the powers, provisions and conditions hereinafter declared.

The reference to the “Parliament of New Zealand” was substituted for a reference to the “General Assembly of New Zealand” by section 29(2) Constitution Act 1986.

1 Short Title

This Ordinance may be cited and referred to as the University of Otago Endowment Ordinance 1870.

2 Lands described in Schedule transferred to and vested in University of Otago

The said lands and hereditaments mentioned and described in the Schedule hereto shall be and the same are hereby transferred to and vested in the University of Otago incorporated by the said recited Ordinance to be held by the said Corporation of the University of Otago and its successors as an endowment for the said University.

3 University to manage lands, etc

The said Corporation of the University of Otago may manage the said lands and hereditaments in such manner in every respect as to them shall seem fit and by deed under the common seal of the said University may lease the said lands and hereditaments or any part or parts thereof from time to time at such rents, issues, and profits as they may deem expedient so that such leases be for terms not exceeding 21 years to take effect from the time of the execution of such leases respectively.

4 Rents and profits to be applied for greatest advantage of University

All money received by the University of Otago for the rents, issues and profits of the said lands and hereditaments shall be managed by the said University and shall be applied and disposed of in such manner as the said University shall from time to time think to be for the greatest benefit and advantage of the said University.

5 Commencement of Ordinance

This Ordinance shall not come into operation nor have any effect until the time in which by law the same may be disallowed by the Governor of New Zealand shall have expired.

Schedule above referred to

All that parcel of land in the Province of Otago in the Dominion of New Zealand situate in the south-eastern pastoral district being Sections numbered respectively one (1) block one (I) one (1) block two (II) and two (2) block three (III) Sutton Survey District and two (2) block one (I) one (1) block five (V) two (2) block six (VI) one (1) block seven (VII) and two (2) block eleven (XI) together with blocks numbered respectively nine (IX) and ten (X) Nenthorn Survey District as delineated on the Crown Grant Record Map deposited in the Survey Office of the said Province containing by estimation thirty thousand (30,000) acres more or less bounded towards the north by Sutton Stream twenty-one thousand (21,000) links towards the north-east by the Taieri River eighty-four thousand (84,000) links towards the east by the Taieri River twenty thousand (20,000) links towards the south by Deep Stream one hundred and five thousand (105,000) links and towards the west by Crown lands fifty-seven thousand five hundred (57,500) links excepting out of the above description sections numbered respectively one (1) block six (VI) and one (1) block eleven (XI) Nenthorn District be all the aforesaid linkages more or less and intersected by thirteen (13) road lines each one hundred (100) links wide and all that parcel of land in the Province of Otago in the said Dominion of New Zealand situate in the Waiau Pastoral District being sections numbered respectively one (1) and two (2) Snowdon Survey District two (2) Te Anau Survey District three (3) Mararoa Survey District and two (2) Burwood Survey District as delineated on the Crown Grant Record Map deposited in the Survey Office of the said Province and containing by estimation seventy thousand (70,000) acres more or less bounded towards the north by Crown lands fifty thousand (50,000) links six thousand (6000) links five thousand (5000) links eleven thousand (11,000) links and forty-one thousand five hundred (41,500) links towards the east by Crown lands ninety-six thousand (96,000) links by the Mararoa River eighteen thousand five hundred (18,500) links also by the Oreti River and township reserve one hundred and ten thousand (110,000) links towards the south by the Province of Southland eighty-three thousand four hundred (83,400) links also by the Mararoa River thirty-six thousand five hundred (36,500) links and towards the west by Princhester Creek eight thousand five hundred (8,500) links by Lagoon Creek and Crown lands one hundred and twenty-one thousand (121,000) links also by Crown lands sixty-five thousand (65,000) links excepting out of the above description Sections numbered respectively one (1) and two (2) Mararoa District and one (1) Burwood District be all the aforesaid linkages more or less and intersected by four (4) road lines each one hundred (100) links wide.

The references to the “Dominion of New Zealand” were substituted for references to the “Colony of New Zealand” pursuant to section 4 Acts Interpretation Act 1924.

University Of Otago Endowment Ordinance 1870 (O)