Notwithstanding anything in section twenty of The Municipal Corporations Amendment Act 1903, the Council may lease the lands described in the Schedule hereto, for any term of years not exceeding twenty-one, to any person prepared to provide thereon pleasure-grounds, public conveniences, refreshment-rooms, and other buildings for the purpose of health, amusement, enjoyment, or recreation, provided that no alcoholic liquors be at any time dispensed therein: Provided that the public shall have access free of charge to the grounds, and have the right of access to and user of the public conveniences, also free of charge, at such reasonable hours as the Council shall by by-laws determine.

This section was amended, as from 5 November 1914, by section 55 Reserves and other Lands Disposal and Public Bodies Empowering Act 1914 (1914 No 70) by omitting the words “nor dancing permitted”.

4 Plans to be approved

The plans of any buildings or structures to be erected on the said land shall be approved of by the Council.

5 Leases to be offered by public tender

The lease of the said land shall be offered by public tender at an upset rent to be fixed by the Council, with a condition that any buildings or structures shall be erected in accordance with the plans so approved of, and with such other conditions as the Council may determine; and with a condition giving the Council power to at any time resume possession of the property upon giving three months' notice of the Council's intention so to do, and upon paying the then estimated value of the buildings thereon and all excavation-works essential to the construction of such buildings, such value, if necessary, to be fixed by arbitration in the ordinary way.

6 By-laws

The Council shall have power from time to time to make by-laws for the proper management of such land and the buildings thereon, and for regulating the charges for refreshments.

Schedule

ALL that area in the City of Wellington, containing by admeasurement 1 acre and 3 perches, more or less, bounded by a line commencing at a point being the intersection of the southern boundary-line of the Kelburne and Karori Tramway Company's land with the western side of Botanical Gardens Road (as the said point of intersection is shown on Land Transfer Proclamation Plan No 196, deposited in the office of the District Land Registrar, at Wellington), and proceeding thence southerly along the western side of the said Botanical Gardens Road, 202.48 links, 220.5 links, and 150.5 links respectively; thence north-westerly along a right line bearing north 32° 39′ 40″ west, 313.7 links; thence along a right line bearing north 33° 32′ 30″ west, 116.44 links; thence north-easterly along a right line bearing north 69° 12′ east, 163.63 links; thence south-easterly along a right line bearing south 31° 35′ east, 91.62 links; thence north-easterly along a right line bearing north 69° 12′ east, 150 links; thence north-westerly along a right line bearing north 31° 35′ west, 91.62 links; and thence north-easterly along a right line bearing north 69° 12′ east, 122.17 links, to the place of commencement: be all the aforesaid linkages more or less: as the same is delineated on the plan deposited in the Head Office, Department of Lands and Survey, at Wellington, in the Wellington Land District, and thereon edged green.

Wellington Corporation Leasing Act 1903