The Short Title of this Act is the Reserves, Endowments, and Crown and Maori Lands Exchange, Sale, Disposal, and Enabling Act 1898.

Whereas section numbered 100, Parish of Whaingaroa, Block VI, Karioi Survey District, Land District of Auckland, containing by admeasurement 160 acres, more or less, was disposed of to one William Gibbison and family under the homestead conditions contained in Appendix A of the Land Act 1885: And whereas the said land was in error also reserved and set apart as an endowment for primary education by a Proclamation dated 16 October 1889, and published in New Zealand Gazette of 24 October 1889, and it is desirable to set apart other land as an endowment for primary education in lieu thereof: Be it therefore enacted as follows:

The reservation of the aforesaid section as an endowment for primary education is hereby cancelled, and the disposal thereof as aforesaid is hereby validated.

The Governor may, by Gazette notice, set apart as an endowment for primary education the north part of section numbered 84, Parish of Whaingaroa, Block VI, Karioi Survey District, Land District of Auckland, containing by admeasurement 160 acres, more or less.

Whereas by section 4 of the Reserves Disposal and Exchange Act 1895, the parcel of land being section numbered 79A of the Parish of Manaia, in the Land District of Auckland, containing 114 acres, more or less, was reserved and set apart as an endowment for the Whangarei Harbour Board, and a certificate of title in respect thereof has been issued to the said Board: And whereas an agreement has been come to with the Board for the exchange of the said parcel of land for other land: Be it therefore enacted as follows:

The Governor may, by notice in the Gazette, vest in Her Majesty the said parcel of land for an estate in fee-simple, freed from all trusts and encumbrances, and in exchange therefor grant to the said Board section numbered 1A, situated in Block IV, Ruakaka Survey District, containing 48 acres, more or less, to be held by the said Board in trust as an endowment for the Whangarei Harbour, freed from any reservation hitherto existing over the said land by reason of an Order in Council dated 19 August 1868, reserving the land for public buildings and General Government purposes.

Upon a copy of such Gazette notice being deposited in the office of the District Land Registrar at Auckland, he shall, without fee, make all such entries and issue all such certificates or other documents as are necessary for the purpose of registering the titles to the lands so exchanged.

The parcels of land described in Schedule 1 are hereby granted to the Corporation of the Borough of Whangarei for an estate in fee-simple, without power of sale, as a reserve for the conservation of the water-supply of the Town of Whangarei and for the growth and preservation of timber.

And whereas the said land contains 2 small reservations for primary education—namely, sections numbered 54 and 76, Parish of Whangarei, Purua Survey District, containing by admeasurement 33 acres 2 roods and 36 acres respectively:

Be it therefore enacted that the reservation of sections numbered 54 and 76, Parish of Whangarei, for primary education is hereby cancelled, and the Governor may, by Gazette notice, set apart other land for primary education of an equal area or value in lieu thereof.

Whereas the 2 parcels of land described in Schedule 2 are included in a certain road, a plan of which was registered in pursuance of subsection (4) of section 100 of the Public Works Act 1894, and they have thereby become part of a public road vested in Her Majesty, and it is desirable that the effect of such registration should be cancelled: Be it therefore enacted that the registration of the said plan, in so far as it affects the said lands, is hereby cancelled, and the District Land Registrar or the Registrar of Deeds at Auckland shall amend the register accordingly.

The following provisions shall apply to all leases now or hereafter granted by the Public Trustee under the provisions of the Auckland Hospital Reserves Act 1883, or this Act except leases in respect of allotments numbered 1, 2, 3, and part of allotment numbered 4 of section numbered 15 of the City of Auckland, containing 3 roods 28 perches—bounded towards the north by Victoria Street, 328 links; towards the east by Queen Street, 283 links; towards the south by Darby Street, 328 links; and towards the west by Elliott Street, 283 links:

Not sooner than 18 months and not later than 9 months before the end of the term granted by the lease 2 separate valuations shall be made by a valuer appointed by the Public Trustee—to wit, a valuation of the then gross value of the fee-simple of the land then included in the lease, and also a valuation of all substantial improvements of a permanent character made or acquired by the then or any proceeding lessee and then in existence on the land.

As soon as practicable after the valuations are made, being in no case later than 6 months before the end of the term, the Public Trustee shall cause a copy to be served upon the lessee.

Within 7 days after receipt of such copy the lessee shall, by notice in writing delivered to the Public Trustee, elect whether he will accept a fresh lease of the land for a further term equal in duration to that granted by, and (except as to the rent to be paid thereunder) upon the same terms, and subject to the same provisoes, powers, covenants, and conditions, as are contained and implied in, the lease then existing together with the right of further renewal and all other rights thereby conferred, and so from time to time at the expiration of each further or renewed term on the same terms and conditions on which the original lease may have been granted hereunder or thereunder, but subject nevertheless to the fixing as herein provided at the end of each term of the rent payable during such further or renewed term; such further term to commence on the expiration of the then existing term, and the annual rental to be equal to $5 per centum on the gross value of the land after deducting therefrom the value of the substantial improvements of a permanent character as fixed by the respective valuations aforesaid.

If the lessee does not duly elect to accept a fresh lease as above mentioned, or if, having duly elected to accept the same, he fails, refuses, or neglects to execute the fresh lease within 7 days after receiving notice in writing from the Public Trustee so to do, then a new lease of the land shall, not later than 1 month before the end of the term for which the terminating lease was granted, be put up for sale by public auction by the Public Trustee.

The upset annual rent payable under such new lease shall be fixed by the Public Trustee, not being a greater sum than that at which the aforesaid fresh lease was offered to the outgoing lessee, and the term of such new lease, and the provisoes, powers, covenants, and conditions to be contained and implied therein, shall (except as to the amount of the aforesaid annual rent) be the same as in the case of the expiring lease.

If any person other than the outgoing lessee is declared the purchaser of such new lease, he shall, within 14 days from the date of sale, pay over to the Public Trustee the amount of the value of the substantial improvements of a permanent character as fixed by the valuation before referred to.

When the day arrives on which the terminating lease expires, or thereafter, if the Public Trustee is satisfied that the outgoing lessee has let the new lessee into quiet possession of the land, and that none of the improvements which were thereon when the valuation mentioned in this section was made have been destroyed or appreciably damaged, the Public Trustee shall pay over to the outgoing lessee the amount received by him from the incoming lessee as aforesaid.

If any of the said improvements have been destroyed or appreciably damaged as aforesaid, then the value of the improvements so destroyed, or the cost of repairing such damage, shall be decided by the Public Trustee or some person appointed by him, and the amount so fixed, with the costs attending such decision, shall be deducted from the amount payable as aforesaid to the outgoing lessee, and, save the amount deducted for costs, shall be returned to the incoming lessee.

Should no purchaser be found at such auction, then the Public Trustee may, at any time within 12 months thereafter, sell the new lease by private treaty; and if he fails to sell the same by public auction or private treaty for the space of 1 year, he may let the land for such term, at such rent, and upon such conditions as to him may seem reasonable.

Whereas subdivision lot numbered 89 of section numbered 1 of the Suburbs of Auckland, containing 5 acres 3 roods 24 perches, forms part of land reserved as an endowment for a Maori hostelry, and such land is not now required therefor, other land contained in the endowment being sufficient for the purpose intended: Be it therefore enacted that the said subdivision is hereby declared to be a public domain subject to the provisions of the Public Domains Act 1881, and freed from any such reservation as aforesaid.

The foregoing provisions of this section are in substitution of those contained in section 27 of the Reserves Disposal and Exchange Act 1895, and section 2 of the Reserves and Crown Lands Disposal and Enabling Act 1896, and those sections are hereby accordingly repealed.

Whereas the parcel of land being section numbered 89, Parish of Arai, Land District of Auckland, containing 5 acres, more or less, was reserved for cemetery purposes in the year 1879, but through a mistake burials have taken place on certain adjoining land, being a portion of section numbered 28, reserved for primary education, and it is desirable that the land so used should be exchanged for the cemetery reserve: Be it therefore enacted as follows:

The reservation of the aforesaid section numbered 89 for cemetery purposes is hereby cancelled, and that section is hereby declared to be a reserve for primary education.

The reservation of that portion of section numbered 28 described in Schedule 3 for primary education is hereby cancelled, and such portion is hereby declared to be a reserve for a cemetery.

The trustees already appointed under the Cemeteries Act 1882, for the Te Arai Cemetery shall, subject to the provisions of that Act, be deemed to have been legally appointed to administer the cemetery reserve hereby created.

Whereas by the Auckland Girls High School Act 1878, the Auckland Girls’ High School and its endowments were placed under the control and management of the Education Board of the Education District of Auckland (hereinafter called the Education Board): And whereas in the year 1888, by reason of want of funds, it became impossible for the Education Board to continue such school, and the work thereof was consequently undertaken, and has since been maintained, by the Board of Governors of the Auckland College and Grammar School (hereinafter called the Board of Governors): And whereas the endowments of the Girls’ High School, which have at all times remained under the control of the Education Board, have become productive, and it is equitable, and the Education Board agrees, that out of the produce of such endowments assistance to the extent and subject to the conditions hereinafter set forth should be given in aid of the work of the Girls’ High School now being maintained as aforesaid by the Board of Governors: Be it therefore enacted as follows:

Out of the proceeds of the sale of timber on the land forming the said endowment the sum of $20,000 shall be invested by the Education Board, and the interest arising from such investment shall by that Board be paid over to the Board of Governors.

Of the moneys received as aforesaid each year by the Board of Governors, one-half shall be expended by that Board in scholarships for girls attending public schools under the Education and Training Act 2020, within the Auckland Education District, subject to such conditions for the winners attending the Auckland Girls’ High School and otherwise as the Education Board prescribes and the Minister of Education approves.

The other half of the said moneys shall be applied by the Board of Governors first in or towards keeping down interest on mortgages in respect of buildings, and the residue in or towards defraying the cost of the work of the Girls’ High School whilst maintained by that Board.

The aforesaid payments by the Education Board shall continue to be made until a separate high school for girls is established by that Board under the provisions of the Auckland Girls High School Act 1878, and shall thereafter be applied in manner prescribed by that Act.

The Governor may grant to the Corporation of the Borough of Thames, for an estate in fee-simple, as an endowment, but without power of sale, the land described in Schedule 4, to be held on the same trusts (except as to power of sale) as the land reserved as an endowment for the said Corporation by Order in Council dated 12 August 1879, and granted to the said Corporation in pursuance of the Municipal Corporations Act 1876.

Whereas the land described in Schedule 8 was conveyed by the Superintendent of the Province of Wellington to the Education Board of the Province of Wellington in trust as a site for a public school at Turakina, and it is not required for such purpose: Be it therefore enacted as follows:

The Education Board of the District of Wanganui may, by public auction, sell or cause to be sold the said land, and may convey it to the purchaser for an estate in fee-simple, discharged from any trust or reservation.

The money received from such sale shall be invested in accordance with section 18 of the Education Reserves Act 1877.

Whereas by the Omaka Recreation Reserve Sale Act 1890 (hereinafter in this section referred to as the said Act), it is provided that the land mentioned in the Schedule thereto may be sold: And whereas it may be desirable to lease the land instead of selling it: Be it therefore enacted as follows:

The Governor may lease the land described in the Schedule of the said Act upon such terms and conditions as he thinks fit, and any moneys that have been received or may hereafter be received from the leasing of such land may be applied in all respects as if they were moneys received from the sale of the land under the said Act; but nothing herein shall affect the power of the Governor to sell the land as provided in the said Act if at any time he deems it desirable so to do.

The management of all land purchased under the said Act shall be delegated to the Omaka Domain Board under the Public Domains Act 1881, and, in addition to the powers given by that Act, the said Board shall, in respect of such land, have all the powers given to trustees of recreation-grounds by sections 4, 5, and 6 of the Public Reserves Act 1881 Amendment Act 1885, save and except the power to lease contained in subsection (1) of said section 4.

Whereas by the Canterbury Provincial Ordinance No II, 1872, known as the Reserve No 330 Ordinance, the land described therein was authorised to be sold, but it was not all disposed of: And whereas the said ordinance was repealed by the Provincial Ordinances Act 1892, and it is now desirable to dispose of the remaining portion of the land as hereinafter provided: Be it therefore enacted as follows:

The land described in Part 1 of Schedule 13 is hereby declared to be Crown land available for sale or selection under the Land Act 1892.

The land described in Part 2 of the said Schedule is hereby declared to be reserved for a gravel-pit.

Whereas the land described in Schedule 14 forms part of an area of 807 acres comprised in reserve numbered 1579, in the Land District of Canterbury, which is vested in the Corporation of the Selwyn County for planting purposes, and it is desirable that it should be added to reserve numbered 1616 adjoining, and known as the Rawhiti Domain, to which proposal the Selwyn County Council has agreed: Be it therefore enacted as follows:

The Governor may, by Order in Council, declare that the said land shall form part of the Rawhiti Domain, and it shall thereupon be deemed to be added to such domain, and shall be subject to the provisions of the Public Domains Act 1881.

Whereas the land, a portion of reserve numbered 297, described in Schedule 15, was originally set apart for a tramway by notification in the Canterbury Provincial Gazette of the 10 May 1864, and is no longer required for such purpose:

Be it therefore enacted that the said land is hereby declared to be Crown land available for sale or selection under the Land Act 1892.

Whereas the land described in Schedule 16 was reserved and set apart for the purposes of a tramway, and is not now required for the same, and it is desirable that it should be sold:

Be it therefore enacted that the said land is hereby declared to be Crown land available for sale or disposal under the Land Act 1892, and it may be disposed of to the adjoining owner in terms of section 117 of the said Act.

The Governor may by notice in the Gazette reserve the land described in Schedule 18 as an endowment for a public library for the Township of Kyeburn, and may by notice in the Gazette grant the same to any corporate body for an estate in fee-simple, without power of sale, upon trust for that purpose, upon such conditions as to resumption by the Crown or otherwise, in the event of the library ceasing to be satisfactorily conducted, as the Governor thinks fit; the Governor to be sole judge as to whether or not the library is satisfactorily conducted.

Whereas the land described in Part 1 of Schedule 20 forms a portion of land in the Land District of Southland held as an estate in fee-simple by Messrs John and Duncan McLean, and it is surrounded by a valuable forest reserve known as the Caroline Bush, the property of Her Majesty, and it is feared that the clearing of such land may cause serious damage to such forest, and it is proposed that such land should be exchanged for Crown land of equal value described in Part 2 of the said Schedule hereto, and such exchange has been recommended by the Southland Land Board: Be it therefore enacted as follows:

The Governor may grant to Messrs John and Duncan McLean, for an estate in fee-simple, the land described in Part 2 of Schedule 20, on receiving from them a conveyance in fee-simple to Her Majesty of the land described in Part 1 of the said Schedule free from encumbrances: Provided, however, that Messrs John and Duncan McLean shall bear the entire cost of such conveyance and of any survey necessary to enable the exchange hereby sanctioned to be carried out.

Whereas it is proposed to hold an exhibition of manufactures and industrial products of New Zealand at Invercargill, under the control or direction of the Southland Industrial Association; and for the purposes of providing sufficient space for such exhibition it is desirable that the public reserve mentioned in Schedule 21 hereto should be closed to the public during the continuance of such exhibition, and that the said reserve shall be available for such exhibition:

The directors of the aforesaid association, or persons having control or management of the buildings to be used for an exhibition as aforesaid, may enter into occupation of such reserve and enclose the same with a fence, or construct any building thereon, or cover the same over, and dig up, or remove, or alter in any way, the soil thereof, and otherwise make use of such reserve for the purpose of such exhibition as if the same were private land granted for the purpose, with power to them to make such charges for admission, use of space, and otherwise as they think fit.

The directors of the aforesaid association or persons aforesaid who under the authority aforesaid make use of such reserve are hereby required and shall be compelled at their own proper costs and charges at the closing of the exhibition to remove all fences, buildings, and other obstructions on such reserve and hand over such reserve in the same condition as when they entered into occupation thereof, unless the Borough Council of Invercargill otherwise agree with such association, directors, or persons.