Massey Burial-Ground Act 1925

Massey Burial-Ground Act 1925

Public Act1925 No 5
Date of assent29 August 1925

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 2000x (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 2000x (1981 No 74) by omitting the words “of Internal Affairs”.

7 Regulations

  • 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.

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.