Massey Burial-Ground Act 1925

Version as at 28 October 2021

Massey Burial-Ground Act 1925

Public Act
 
1925 No 5
Date of assent
 
29 August 1925
 
Note

Changes authorised by subpart 2 of Part 3 of the Legislation Act 2019 have been made in this consolidation. See the notes at the end of this consolidation for further details.

This Act is administered by the Ministry of Health.

An Act to make Provision for the Dedication of certain Land to be the Burial-ground of the late Right Honourable William Ferguson Massey and of his Widow.

Preamble

WHEREAS the Governor-General, purporting to act under authority conferred on him by the Cemeteries Act 1908, and its amendments, did by Warrant under his hand dated the eleventh day of May, nineteen hundred and twenty-five, declare certain land at Point Halswell, in the Wellington Land District, to be a private burial-ground, to be called and known by the name of “The Private Burial-ground of the Right Honourable William Ferguson Massey and of his Widow”: And whereas it is fitting that the said land, together with other adjoining land, should remain vested in His Majesty and be specially reserved for the purposes defined in this Act:

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

 
1 Short Title

This Act may be cited as the Massey Burial-ground Act 1925.

2 Validation of Warrant constituting the Massey Private Burial-ground

The hereinbefore-recited Warrant of the eleventh day of May, nineteen hundred and twenty-five, shall be and be deemed at all times heretofore since the date thereof to have been valid, and of full force and effect according to its tenor, but shall on the passing of this Act be deemed to be cancelled.

3 Reserving land at Point Halswell as site for burial-ground and memorial

The land described in the Schedule hereto, being portion of the Military Reserve, Point Halswell, shall be and remain vested in His Majesty as a special reserve appropriated as a burial-ground for the said William Ferguson Massey and his widow, and as a site for a memorial to him.

4 Limitation of persons who may hereafter be buried in the reserve

The widow of the said William Ferguson Massey may hereafter be buried within the said special reserve, but no other person shall hereafter be buried therein.

5 Administration of special reserve

(1)

The Minister . . . is hereby appointed as the administering body to control and manage the special reserve.

(2)

Where the Minister . . ., in performing his function as the administering body of the reserve,—

(a)

Proposes to carry out major works on the reserve, or works that may substantially alter the appearance of the memorial; or

(b)

Otherwise considers it necessary—

he shall consult with such members of the family or descendants of the said William Fergusson Massey as he considers appropriate in the circumstances of the case.

(3)

In this section and section 6, Minister means the Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act.

Section 5 was substituted, as from 22 October 1981, by section 2 Massey Burial-ground Amendment Act 1981 (1981 No 74).

Subsections (1) and (2) were amended, as from 1 October 2000, by section 12 Archives, Culture, and Heritage Reform Act 2000 (2000 No 32) by omitting the words “of Internal Affairs”.

Subsection (3) was inserted, as from 1 October 2000, by section 12 Archives, Culture, and Heritage Reform Act 2000 (2000 No 32).

6 Expenditure of funds on special reserve

The Minister . . . may expend money provided by public subscription, or appropriated for the purpose by Parliament, or otherwise received by him for the purpose, in providing for the control and management of the special reserve and the memorial and tomb on the reserve.

Section 6 was substituted, as from 22 October 1981, by section 3 Massey Burial-ground Amendment Act 1981 (1981 No 74).

Section 6 was amended, as from 1 October 2000, by section 12 Archives, Culture, and Heritage Reform Act 2000 (2000 No 32) by omitting the words “of Internal Affairs”.

7 Regulations

(1)

The Governor-General in Council may from time to time make regulations for the admission or exclusion of the public to or from the said special reserve or any specific part or parts thereof, and generally for enabling effect to be given to the purposes of this Act.

(2)

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 7(2): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Schedule

ALL that area in the Wellington Land District, containing by admeasurement 2 acres 1 rood 4 perches, more or less, being part of Military Reserve, Point Halswell: bounded on the north, south, east, and west by the other part of said Military Reserve; as the same is more particularly delineated on plan numbered 2114A, deposited in the office of the Surveyor-General, and thereon bordered red.

Consolidation notes
1 General

This is a consolidation of the Massey Burial-Ground Act 1925 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 About this consolidation

This consolidation is not an official version of the legislation under section 78 of the Legislation Act 2019.

3 Amendments incorporated in this consolidation

Secondary Legislation Act 2021 (2021 No 7): section 3