Whereas in the year 1881 a road was surveyed from the Kumeu River to the Kumeu railway station, and at the same time railway boundaries were redefined as shown on the plan numbered 2773, deposited in the office of the Chief Surveyor at Auckland:
And whereas in the year 1883 a second survey was made for road and railway purposes as shown on the plan numbered 3343, deposited in the office of the said Chief Surveyor, and the boundaries of the road and railway shown thereon did not as they should have done coincide with those shown on the plan numbered 2773:
And whereas the portion intended under the second survey for a road was taken for railway purposes by Proclamation published in the Gazette of 27 December 1883, and registered in the Land Registry Office at Auckland under Number 706:
And whereas in the year 1905 a plan numbered 13363 was deposited in the office of the said Chief Surveyor for the purpose of defining certain portions of stopped road, but the position of such portions was not located by survey:
And whereas such portions were not in fact road, but were portions of the land taken for railway purposes as aforesaid, together with a portion of Taupaki Block comprised in Deeds Index 14A, page 70, Auckland Deeds Registry, in the name of Thomas Weare:
And whereas the portions thought to be road were stopped by the Waitemata County Council in the year 1891, as evidenced by Document R 158 registered in the Land Registry Office at Auckland on 2 September in that year:
And whereas, following on such stopping, certificate of title in lieu of Crown Grant, Volume 62, folio 18, Auckland Registry, was issued pursuant to a Governor’s Warrant in favour of Thomas Weare for Sections 1, 2, and 3, Block V, Waitemata Survey District, the said Sections 1 and 2 being portions of the land taken for railway purposes by Proclamation numbered 706 aforesaid and the said Section 3, being portion of Taupaki Block comprised in Deeds Index 14A, page 70 aforesaid:
And whereas in the year 1938 a third survey was made for road purposes of portions of Taupaki Block, portion of Section 1, Block V, Waitemata Survey District, and portion of the land taken for railway purposes by Proclamation numbered 706 aforesaid, such portions being shown on the plan numbered 30129, deposited in the office of the said Chief Surveyor:
And whereas the said portions were taken for road purposes by Proclamations published in the Gazettes of 16 February 1939 and 18 April 1940, respectively, and registered in the Land Registry Office at Auckland under Numbers 9840 and 10218:
And whereas the erroneous location of boundaries shown in the second survey hereinbefore referred to was adopted for the third survey, and Proclamations Numbers 9840 and 10218 were in consequence also erroneous:
And whereas in the year 1945 a fourth survey, as shown on the plan numbered 33799, deposited in the office of the said Chief Surveyor, was made to clarify the position:
And whereas it is desirable that provision as hereinafter appearing should be made to validate existing titles and to ensure that those titles and all surveys made as aforesaid shall be deemed to conform to the boundaries of the road and railway as located in accordance with the first survey made as aforesaid in the year 1881:
Be it therefore enacted as follows:
(2)
The definition of the areas referred to in subsection (1) shall be deemed to be as shown on the said plan numbered 2773 and as redefined on the said plan numbered 33799 as, firstly, portions of Taupaki Block, comprising areas of 3 roods and of 16 perches respectively, edged yellow; secondly, portions of Section 1, Block V, Waitemata Survey District, comprising areas of 19 perches and five-tenths of a perch and of 13 perches and four-tenths of a perch respectively, edged red; and, thirdly, Section 2, Block V, Waitemata Survey District, comprising 24 perches and one-tenth of a perch, edged red.
(4)
Section 3 of the aforesaid block and survey district, being part of the land comprised in certificate of title, Volume 137, folio 189, Auckland Registry, shall be deemed to have been stopped road at the time of the issue of certificate of title in lieu of Crown Grant, Volume 62, folio 18, and its definition shall be deemed to be as shown in Plan 33799 aforesaid, and the issue of the said certificate of title in lieu of Crown Grant, Volume 62, folio 18, is hereby validated as to the said Section 3.
(5)
The said Proclamation 9840 is hereby cancelled, and the said Proclamation 10218 is hereby cancelled so far as it concerns that part of Taupaki Block containing four-tenths of a perch, and in lieu of the areas taken for road by the said Proclamation 9840 and the area of four-tenths of a perch taken for road by the said Proclamation 10218 that portion of Section 1, Block V, Waitemata Survey District, containing 13 perches and four-tenths of a perch, and that portion of Taupaki Block containing 9 perches and two-tenths of a perch, shown in the said Plan 33799 by red edging and blue wash respectively, are hereby declared to be road.