This Act may be cited as the Reserves and Other Lands Disposal Act 1966.

Whereas under subsection (3) of section 16 of the Reserves and Other Lands Disposal Act 1940 the Minister of Education determines what portion of the rents and profits of certain land vested in the Public Trustee should be disbursed to the Council of the University of Auckland under section 4 of the Auckland Education Reserves Act 1912:

And whereas paragraph (b) of the said section 4 provides that two-thirds of the amount disbursed as aforesaid shall be paid into a fund to be used for the establishment of a hostel for students of the University of Auckland and capital works in connection with any such hostel, or such other purpose in connection with the University as shall from time to time be determined by the Council and approved by the Minister of Education:

And whereas the Minister of Education has agreed to a request by the Council that the approval of the Minister be no longer required before the amount paid into the said fund may be used for any purposes connected with student hostels of the University:

Be it therefore enacted as follows:

Section 4 of the Auckland Education Reserves Act 1912 (as substituted by section 19 of the Reserves and Other Lands Disposal Act 1949) is hereby amended by repealing paragraph (b), and substituting the following paragraph:

Whereas the land described in subsection (2) is set apart as permanent State forest land under the Forests Act 1949:

And whereas it is desirable that it should be declared Crown land subject to the Land Act 1948:

Be it therefore enacted as follows:

(1) The setting apart of the land described in subsection (2) as permanent State forest land is hereby revoked and the said land is hereby declared to be Crown land subject to the Land Act 1948.

(2) The land to which this section relates is particularly described as follows:

Firstly, all that area in the North Auckland Land District containing 1 acre and 18 perches, more or less, being part Whakanekeneke D3B Block, situated in Block I, Omapere Survey District, and being part of the land comprised and described in certificate of title, Volume 741, folio 40, North Auckland Land Registry; as more particularly shown on the plan marked L and S X/91/7B, deposited in the Head Office of the Department of Lands and Survey at Wellington, and thereon edged red (ML Plan 13059).

Secondly, all that area in the South Auckland Land District containing 196 acres 2 roods and 20 perches, more or less, being part Tairua Block situated in Blocks XIII and XIV, Whitianga Survey District; as more particularly shown on SO Plan 42371 lodged in the office of the Chief Surveyor at Hamilton, and thereon edged red.

Thirdly, all that area in the South Auckland Land District containing 252 acres, more or less, being Pokuru North Block, situated in Block VI, Tatua Survey District (ML Plan 4754).

Fourthly, all that area in the Wellington Land District containing 78 acres and 13 perches, more or less, being Section 2, Block V, Mt Robinson Survey District (SO Plan 20786).

Fifthly, all that area in the Nelson Land District containing 692 acres and 1 rood, more or less, being part Sections 1, 2, and 4, Block II, Onetaua Survey District, and part Permanent State Forest situated in Block II, Onetaua Survey District; as more particularly shown on SO Plan 10588 lodged in the office of the Chief Surveyor at Nelson, and thereon edged red.

Sixthly, all that area in the Southland Land District containing 77 acres 2 roods and 37 perches, more or less, being Sections 22 and 23, Block XII, Longwood Survey District (SO Plan 7487).

Whereas the Maori Township of Karewa was constituted pursuant to section 3 of the Native Townships Act 1895 by a Proclamation dated 26 September 1902, and published in the Gazette of 16 October in that year at page 2266:

And whereas the land described in subsection (5) (in this section referred to as the said land) is situated in the said township and, by virtue of subsection (2) of section 12 of the aforesaid Act, was vested in the Crown as a reserve for municipal purposes subject to the Public Reserves Act 1881:

And whereas, by Order in Council made on 1 September 1924, and published in the Gazette of the fourth day of that month at page 2110, the said land was vested in the Kawhia Town Board in trust for municipal purposes, and later, on the abolition of the said Town Board, in the Chairman, Councillors, and Inhabitants of the County of Kawhia:

And whereas the said land is now vested in the Chairman, Councillors, and Inhabitants of the County of Otorohanga (in this section referred to as the Corporation) since the inclusion of part of the County of Kawhia in the County of Otorohanga:

And whereas other land in the said township is vested in the Maori Trustee as township land subject to the Maori Reserved Land Act 1955 in trust for the beneficial owners thereof:

And whereas the said land has been leased and is not required for municipal purposes, and it is desirable that it be vested in the Maori Trustee in the same manner as other land in the Karewa Maori Township but subject to subsisting leases and other interests:

And whereas the Corporation and the Maori Trustee have agreed to the aforesaid vesting:

Be it therefore enacted as follows:

(1) All trusts and reservations affecting the said land at the date of the passing of this Act and the vesting of the said land in the Corporation are hereby cancelled.

(2) The said land is hereby vested in the Maori Trustee for a legal estate in fee simple subject to the provisions of the Maori Reserved Land Act 1955, and shall be township land within the meaning of section 2 of the aforesaid Act.

(3) The Maori Trustee shall stand seised of the said land in trust for the beneficial owners of Kawhia M2P Block and their successors, and the Maori Land Court is hereby authorised to make such adjustments to the title to Kawhia M2P Block as may be necessary for the purpose of including the said land in the title to that Block.

(4) Nothing in this Act shall in any way affect any lease, encumbrance, lien, easement, profit, or other interest affecting the said land at the date of the passing of this Act.

(5) The land to which this section relates is particularly described as follows:

All that area in the South Auckland Land District containing 2 roods and 23 perches, more or less, being Section 63, Block I and Sections 75 and 76, Block II, Karewa Maori Township situated in Block IX, Kawhia North Survey District, and being all the land comprised and described in certificates of title, Volume 1092, folio 200 and Volume 905, folio 95, South Auckland Land Registry.

Whereas by the University of Otago Ordinance 1870 (Province of Otago) the land described in subsection (4) (in this section referred to as the said land) was vested in the University of Otago as an endowment for the University:

And whereas, pursuant to section 2 of the Otago University Reserves Act 1904, the said land became administered under the Land Act 1892, and is now administered under the Land Act 1948 by the Land Settlement Board on behalf of the University:

And whereas Her Majesty the Queen has agreed to purchase the said land in consideration of the sum of 95,000 pounds in order to develop it more extensively for farming purposes:

And whereas it is proposed to vest the said land in Her Majesty the Queen as Crown land subject to the Land Act 1948:

Be it therefore enacted as follows:

(1) The said land is hereby declared to be no longer set apart as an endowment for the University of Otago and is hereby vested, together with any easements and profits appurtenant thereto, in Her Majesty the Queen as Crown land subject to the Land Act 1948, subject to any leases, encumbrances, liens, easements, and profits affecting the said land but otherwise freed and discharged from all trusts, reservations, and restrictions affecting it at the date of the passing of this Act.

(2) The sum of 95,000 pounds shall be paid to the Council of the University as consideration for the purchase of the said land without further authority than this section, and shall be applied in accordance with section 26 of the University of Otago Amendment Act 1961.

(3) The provisions of section 42 of the Land Act 1948 shall apply to the said land as if it had been purchased by the Land Settlement Board under section 40 of that Act.

(4) The land to which this section relates is particularly described as follows:

Firstly, all that area in the Southland Land District containing approximately 245 acres 2 roods and 20 perches, being part Run 565 (formerly part Section 4), Block I, Mararoa Survey District; as more particularly shown on the plan numbered 22/4955/1A, deposited in the Head Office of the Department of Lands and Survey at Wellington, and thereon coloured yellow.

Secondly, all that area in the Southland Land District containing approximately 7 acres 1 rood and 20 perches, being Section 3 (formerly part Run 300B) Block I, Mararoa Survey District; as more particularly shown on the plan numbered 22/4955/1A deposited in the Head Office of the Department of Lands and Survey at Wellington, and thereon coloured red.

Thirdly, all that area in the Southland Land District containing approximately 32 850 acres, being part Run 300B (Burwood Bush) and part Run 568 (formerly part Run 300B) situated in the Mararoa and Burwood Survey Districts; as more particularly shown on the plan numbered 22/4955/1A deposited in the Head Office of the Department of Lands and Survey at Wellington, and thereon edged blue.

The land firstly, secondly, and thirdly described is the balance of the land comprised and described in deeds index C 1649 and C 1650, Southland Deeds Register Office.

Fourthly, all that area in the Southland Land District containing 999 acres, more or less, being Lot 6 of Section 132, Block III, Forest Hill Hundred, and being the balance of the land comprised and described in certificate of title, Volume 12, folio 82, Southland Land Registry.

Whereas the land described in subsection (3) (in this section referred to as the said land) was formerly Crown land set apart for educational purposes and was subject to the Education Reserves Act 1928:

And whereas the said land was developed for farming settlement under the authority of section 8 of the Small Farms Amendment Act 1935:

And whereas the said land was made available for disposal on lease to discharged servicemen:

And whereas each of the 2 parcels of the said land was subsequently leased to a discharged serviceman under subsection (3) of section 22 of the Education Reserves Act 1928 for a term of 21 years with a right of renewal:

And whereas the said land is now Crown land subject to the Land Act 1948 and is no longer set apart as a reserve for educational purposes:

And whereas other discharged servicemen were granted leases having terms of 33 years with a right of renewal:

And whereas it is considered just and equitable that each of the lessees of the said land be treated similarly to those other discharged servicemen:

And whereas it is therefore desirable that the leases referred to in subsection (3) be extended for a period of 12 years at the existing rent and at the rental value existing at the commencement of the lease as provided in this section:

Be it therefore enacted as follows:

(1) The terms of the leases referred to in subsection (3) are hereby extended for a period of 12 years from the date of their expiration subject to the same covenants, conditions, and restrictions as are contained or implied in the leases, and the estate of each of the lessees shall continue to be subject to all encumbrances, liens, interests, easements, and profits to which it is subject on the date that his lease would have expired but for the enactment of this section:

provided that, on the expiration of the aforesaid leases (as extended by this subsection), the lessees shall, notwithstanding anything to the contrary in those leases, be entitled to a renewal lease as provided in section 125 of the Land Act 1948.

(2) The District Land Registrar for the Canterbury Land Registration District is hereby authorised and directed, without further authority than this section, to endorse the register copies of the certificates of title and leases referred to in subsection (3) (and, on production to him for the purpose, the duplicate copy of any such lease) with a memorial giving effect to the provisions of subsection (1).

(3) The land to which this section relates is particularly described as follows:

Firstly, all that area of land containing 733 acres 1 rood and 4 perches, more or less, being Lot 1 on Deposited Plan numbered 12876 and Lot 2 on Deposited Plan numbered 5028, being part Education Reserve 62 situated in Blocks II and V, Pigeon Bay Survey District, and being all the land comprised and described in lease numbered 11602 and also part of the land comprised and described in certificate of title, Volume 314, folio 175, Canterbury Land Registry.

Secondly, all that area of land containing 184 acres and 26 perches, more or less, being Lots 4 and 11 on Deposited Plan numbered 887, Lot 2 on Deposited Plan numbered 14289, and Lot 2 on Deposited Plan numbered 14290, being parts Education Reserve 1191 situated in Block I, Geraldine Survey District, and being all the land comprised and described in lease numbered 310650, and also part of the land comprised and described in certificate of title, Volume 450, folio 94, Canterbury Land Registry.

Whereas the land firstly described in subsection (8) (in this section referred to as the first land) is Crown land which has been reclaimed by the Mayor, Councillors, and Citizens of the Borough of Thames (in this section referred to as the Corporation) pursuant to an Order in Council made on 28 October 1964 and published in the Gazette of 5 November in that year at page 2015:

And whereas the Corporation has requested that the land be vested in it:

And whereas the land secondly and thirdly described in subsection (8) (in this section referred to as the second and third land) was originally granted to the Thames Harbour Board pursuant to section 2 of the Thames Harbour Board Act 1907 in fee simple in trust for harbour purposes:

And whereas the second and third land is now vested in the Corporation by virtue of section 5 of the Thames Harbour Act 1936:

And whereas doubts have arisen as to whether a portion of the second land is below the ordinary spring tide highwater mark, and it is expedient to empower the Corporation to reclaim any such portion:

And whereas the third land was reclaimed pursuant to the aforesaid Order in Council:

And whereas the second and third land is no longer required for harbour purposes:

And whereas the Corporation desires to sell, exchange, or lease the first, second, and third land for the purposes of encouraging the development of industry in the Borough of Thames but has no power to do so:

And whereas it is expedient to empower the Corporation to sell, exchange, or lease the said land:

Be it therefore enacted as follows:

(1) The first land is hereby vested in the Corporation for an estate in fee simple.

(2) The Corporation is hereby authorised, notwithstanding anything in subsections (2) and (3) of section 175 of the Harbours Act 1950 but subject to the provisions of sections 176 to 182 of that Act, to reclaim from the bed of the Kauaeranga River and the Thames Harbour any portion of the second land that is for the time being below the ordinary spring tide highwater mark.

(3) The second and third land is hereby declared to be held by the Corporation freed and discharged from all trusts, reservations, and restrictions (excluding the reservation imposed by the operation of section 3 of the Thames Harbour Board Act 1907) affecting it at the date of the passing of this Act.

(4) The Corporation may, without further authority than this section, sell or exchange or, subject to the Public Bodies' Leases Act 1908, lease the whole or any part of the first, second, or third land in such manner and on such terms as it thinks fit notwithstanding any other enactment or rule of law to the contrary, and may, if it so desires, grant easements and other incorporeal hereditaments over the land:

provided that no part of the land for the time being situated below the ordinary spring tide highwater mark may be sold or exchanged unless the consent of the Minister of Marine has first been obtained.

(5) The District Land Registrar for the South Auckland Land Registration District is hereby authorised and directed, on receipt of a request from the Corporation and on completion of such surveys and deposit of such plans as he may require, to issue such certificates of title, make such entries in his register, and do all such other things as may be necessary under the Land Transfer Act 1952 to implement the provisions of subsections (1), (3), and (4).

(6) Subject to the provisions of the Municipal Corporations Act 1954, the Corporation is hereby empowered from time to time to use and apply all or any of the proceeds of any sale or lease of any part of the first, second, or third land for any purpose within the Corporation's powers.

(7) This section shall be deemed to be a special Act for the purposes of the Harbours Act 1950.

(8) The land to which this section relates is particularly described as follows:

Firstly, all those areas in the South Auckland Land District containing, together, 1 rood 17 perches and eight-tenths of a perch, more or less, being part Bed of Thames Harbour situated in Block IV, Thames Survey District; part Bed of Thames Harbour situated in Blocks IV and VII, Thames Survey District; and part Kauaeranga Mud Flat Block situated in Blocks IV and VII, Thames Survey District; as more particularly shown on SO Plan 43487, lodged in the office of the Chief Surveyor at Hamilton, and thereon edged red.

Secondly, all that area in the South Auckland Land District containing 1 acre 1 rood and 36 perches, more or less, being part Section 2, Block VII, Thames Survey District, and being part of the land comprised and described in certificate of title, Volume 179, folio 217, South Auckland Land Registry; as more particularly shown on SO Plan 43487, lodged in the office of the Chief Surveyor at Hamilton, and thereon edged red.

Thirdly, all that area in the South Auckland Land District containing 1 acre 3 roods 15 perches and seven-tenths of a perch, more or less, being part Section 2, Block VII, Thames Survey District, and being part of the land comprised and described in certificate of title, Volume 179, folio 217, South Auckland Land Registry; as more particularly shown on SO Plan 43487, lodged in the office of the Chief Surveyor at Hamilton, and thereon edged red.

Whereas by subsection (1) of section 4 of the Westland and Nelson Coalfields Administration Amendment Act 1926 (in this section referred to as the amendment Act) any unalienated Crown land in the Westport Colliery Reserve may be offered for lease by auction and leased in accordance with paragraph (g) of section 5 of the Public Bodies' Leases Act 1908:

And whereas, pursuant to section 13 of the Land Act 1948, the Land Settlement Board has replaced the Nelson Land Board in the administration of the Reserve:

And whereas it is desirable that the Land Settlement Board should have the same powers to offer or allot a lease of any unalienated Crown land in the Reserve as it has in respect of the offering or allotment of Crown land subject to the Land Act 1948:

And whereas it is also desirable that some consequential amendments should be made to the amendment Act:

Be it therefore enacted as follows:

(1) Section 4 of the amendment Act is hereby amended by repealing subsection (1), and substituting the following subsection:

(2) The said section 4 is hereby further amended by repealing subsection (3).

(3) The amendment Act is hereby further amended—

• (a) by omitting from section 2 the words “Land Board of the Nelson Land District”, and substituting the words “Land Settlement Board”:

• (b) by omitting from section 3 and also from subsection (3) of section 5 the words “Land Board” wherever they occur, and also by omitting from subsection (1) of section 5 the words “Nelson Land Board”, and substituting in each case the words “Land Settlement Board”.

Whereas by the Auckland University College Reserves Act 1885 and the Auckland University College Reserves Amendment Act 1928 the land described in the schedules of those Acts was vested in the Auckland University College Council upon trust for the Auckland University College, and provision was made in the first-mentioned Act for the land to be leased:

And whereas portions of the land have since been sold under the authority of various Acts, but in certain cases the Council reserved to itself the ownership of coal and minerals:

And whereas the land (including the coal and mineral interests) described in subsection (9) (in this section referred to as the said land) is the balance of the land (including coal and mineral interests) described in the schedules of the aforementioned Acts:

And whereas portions of the said land have been leased for various terms with a right of renewal or a perpetual right of renewal or in perpetuity:

And whereas by virtue of the University of Auckland Act 1961 the aforesaid Council is now the Council of the University of Auckland and the Auckland University College is now the University of Auckland:

And whereas Her Majesty the Queen has agreed to purchase the said land from the Council of the University together with and subject to all existing leases, encumbrances, liens, easements, and profits in consideration of the payment to the University of the sum of 72,000 pounds:

And whereas it is proposed to vest the said land in Her Majesty the Queen as Crown land subject to the Land Act 1948:

And whereas it is desirable and expedient that, on the vesting of the said land in Her Majesty, all leases that carry a right of renewal and have expired before the date of the passing of this Act or expire after that date should be renewed as renewable leases under the Land Act 1948:

And whereas it is desirable and expedient that the lessees of leases in perpetuity or leases with perpetual rights of renewal should be granted the right to acquire the fee simple of the land comprised in their leases or to exchange their present leases for renewable leases under the Land Act 1948:

Be it therefore enacted as follows:

(1) The said land, together with all easements and profits appurtenant thereto, is hereby vested in Her Majesty the Queen as Crown land subject to the Land Act 1948, subject to any leases, encumbrances, liens, easements, and profits affecting the said land but otherwise freed and discharged from all trusts, reservations, and restrictions affecting it at the date of the passing of this Act.

(2) The sum of 72,000 pounds shall be paid to the Council of the University as consideration for the purchase of the said land without further authority than this section, and shall be applied in accordance with section 39 of the University of Auckland Act 1961.

(3) Any rents or profits from the said land that are owing and unpaid in respect of any period preceding the date of the passing of this Act (whether the amount of any such rents or profits have been ascertained at that date or are ascertained subsequently) shall be payable to and recoverable by the Receivers of Land Revenue at Auckland or Hamilton, as the case may require, as if the rents or profits had been owing and unpaid to Her Majesty the Queen in respect of Crown land subject to the Land Act 1948. Where any rents or profits are paid to or recovered by the said Receivers in respect of a period commencing with a date preceding the passing of this Act but ending with a date after the passing of this Act, the Receivers shall apportion the amount so paid or recovered between the University and the Crown, and the University shall be entitled to the part of the rents or profits relating to the part of the period preceding the date of the passing of this Act, and the balance shall be retained by the Crown. The Receivers shall, as soon as practicable after receiving it, pay to the Council of the University all money due to the University under this subsection.

(4) Where any land that is vested in Her Majesty pursuant to this section is subject to a lease which is current at the commencement of this Act, and the lessee thereunder has a perpetual right of renewal or a lease in perpetuity:

• (a) the lease shall be deemed to be a lease within the meaning of subsection (1) of section 122 of the Land Act 1948; and

• (b) notwithstanding anything in any other Act or in any deed or other instrument, the holder of a lease with a perpetual right of renewal shall be entitled to a renewal lease which shall be a renewable lease under the Land Act 1948, and the renewal rent shall be determined in accordance with the provisions of section 125 and Part 8 of that Act, and not otherwise:

  provided that the Land Settlement Board shall not be required to determine a value for renewal purposes at any period earlier than 6 calendar months before the date of the expiration of any such lease; and

• (c) a lessee who is the holder of a lease with perpetual right of renewal or a lease in perpetuity shall be entitled under section 126 of the Land Act 1948 to exchange the lease for a renewable lease under that Act.

(5) Where—

• (a) any part of the said land has been subject to a lease that contains a perpetual right of renewal, being a lease which has expired and not been renewed before the date of the passing of this Act; and

• (b) the lessee under that expired lease is still continuing in occupation at the date of the passing of this Act,—

the lessee under the expired lease or his successors shall be entitled to a renewal lease, and where any such lessee exercises his right of renewal under this subsection, his renewal lease (and all the covenants and conditions thereof) shall be deemed to be operative from the date of expiration of the expired lease, and the provisions of paragraph (b) of subsection (4) shall, with the necessary modifications, apply to every such lease:

provided that the Land Settlement Board shall cause the land comprised in the expired lease to be valued for renewal purposes as at a date 6 months before the date of the expiration by effluxion of time of the expired lease, and the rent determined as a result of the valuation shall be effective from the date of the aforesaid expiration:

provided also that, when any lessee pays the rent prescribed by his renewal lease in respect of the period commencing from the date of the expiration of the expired lease and ending with the date of execution of the renewal lease, he shall be credited with any rent he has paid by virtue of continuing in occupation under the expired lease.

(6) For the purposes of subsections (4) and (5) a lease granted in accordance with the provisions of paragraph (f) or paragraph (g) of section 5 of the Public Bodies' Leases Act 1908 shall be deemed to confer on the lessee a perpetual right of renewal.

(7) The provisions of section 42 of the Land Act 1948 shall apply to the said land as if it had been purchased by the Land Settlement Board under section 40 of that Act.

(8) The Auckland University College Reserves Act 1885, the Auckland University College Reserves Amendment Act 1928, and clause 5 of Schedule 1 of the Special Powers and Contracts Act 1886 are hereby repealed.

(9) The land and coal and mineral interests to which this section relates are particularly described as follows:

Firstly, all that area of land (including coal and other minerals) in the South Auckland Land District containing 9 403 acres, more or less, being part Allotment 463, Taupiri Parish, situated in Blocks XII and XVI, Rangiriri Survey District, and Blocks IX and XIII, Hapuakohe Survey District; and also all the coal and other minerals contained in all that area of land containing 33 acres and 28 and seventh-tenths of a perch, more or less, being Lots 33, 34, 36, 37, 38, 39, 41, 42, 48, 52, 53, 54, 55, 56, 57, 58, 59, 63, 67, 68, 69, 70, 71, 72, and part Lots 46 and 51 on Deposited Plan numbered 23986; parts Lot 1 on Deposited Plan numbered 29728; Lots 1, 2, 3, 4, and 5 on Deposited Plan numbered 31041; parts Lot 1 on Deposited Plan numbered 32784; Lots 1, 2, and 3 on Deposited Plan numbered S 1608; Lots 1 and 2 on Deposited Plan numbered S 1766; Lot 1 on Deposited Plan numbered S 2406; Lots 1 and 2 on Deposited Plan numbered S 3965; Lots 1 and 2 on Deposited Plan numbered S 4275; and Lots 1 and 2 on Deposited Plan numbered S 7757; all being parts of Allotment 463, Taupiri Parish, situated in Block XVI, Rangiriri Survey District; being the balance of the land comprised and described in certificates of title, Volume 377, folio 240 and Volume 158, folio 41, South Auckland Land Registry.

Secondly, all that area of land (including coal and other minerals) in the South Auckland Land District containing 9 953 acres 2 roods and 22 perches and six-tenths of a perch, more or less, being Allotments 228, 229, and 230 Karamu Parish, and Lots 1, 1A, 2, 4, 5, 6, 7, 8, and 9, and part of Lot 3 on Deposited Plan numbered 19277, being parts of Allotment 174, Karamu Parish, situated in Blocks I, II, III, V, VI, VII, X, and XI, Alexandra Survey District, and being the balance of the land comprised and described in certificate of title, Volume 1068, folio 164, and all certificates of title, Volume 1068, folios 161, 162, 163, 165, 166, 167, 168, 169, and 170, South Auckland Land Registry.

Thirdly, all that area of land (including coal and other minerals) in the North Auckland Land District containing 353 acres 9 perches and five-tenths of a perch, more or less, being part Allotment 7, Ararimu Parish, situated in Blocks XI and XV, Kaipara Survey District, and the northern portion of Allotment 5, Ararimu Parish, situated in Block XV, Kaipara Survey District, and being the balance of the land comprised and described in certificate of title, Volume 56, folio 285, North Auckland Land Registry.

Whereas the late James Stellin of Wellington devised the land described in subsection (4) (in this section referred to as the Park) to the Mayor, Councillors, and Citizens of the City of Wellington (in this section referred to as the Corporation) in trust for the purposes of a park, to be known as the Stellin Memorial Park, and for the erection of a lookout thereon:

And whereas the Corporation desires to sell a portion of the Park, not exceeding 3 acres, to the Government of the United States of America as a site for that Government's embassy in New Zealand:

And whereas the Corporation will use the proceeds of any such sale for all or any of the following purposes, namely, the improvement, development, or maintenance of the unsold portion of the Park, the acquisition of any adjoining land as an addition to the Park, the improvement, development, or maintenance of any land so acquired, and the erection and maintenance of the lookout:

And whereas the Public Trustee, as executor of the will of the said James Stellin, and the family of the said James Stellin have agreed to the sale and the use of the proceeds thereof by the Corporation as provided aforesaid:

And whereas it is desirable that the Corporation be authorised to carry out the desired sale:

Be it therefore enacted as follows:

(1) Notwithstanding anything in any enactment or rule of law to the contrary, the Corporation may, without further authority than this section, sell a portion of the Park, not exceeding 3 acres, to the Government of the United States of America as a site for that Government's embassy in New Zealand.

(2) The portion of the Park sold under the authority of subsection (1) shall, as from the time of the sale, be freed and discharged from all trusts, reservations, and restrictions affecting it immediately before the sale took place.

(3) The Corporation shall, subject to this section, hold the proceeds of sale on the same trusts as those on which the Park was devised to it, and may from time to time use those proceeds for all or any of the following purposes, and for no other purpose:

• (a) the acquisition of any land adjoining the unsold portion of the Park as an addition to the Stellin Memorial Park:

• (b) the improvement, development, or maintenance of the unsold portion of the Park or any land acquired under paragraph (a):

• (c) the erection and maintenance of a lookout.

(4) Every parcel of land acquired under paragraph (a) of subsection (3) shall be held by the Corporation on the same trusts as those on which the Park was devised to the Corporation.

(5) The District Land Registrar for the Land Registration District of Wellington is hereby authorised to accept such plans for deposit, accept such documents for registration, make such entries in the register, and do all such other things as may be necessary to give effect to the provisions of this section.

(6) The land comprised in the Park is more particularly described as follows:

All that area in the Wellington Land District situated in the City of Wellington containing 15 acres 2 roods 24 perches and seventy-five one-hundredths of a perch, more or less, being parts of Orangi-Kaupapa numbers 12, 13, and 14, part being also part Lot 4, Deposited Plan numbered 706, and being all the land comprised and described in certificate of title, number F1/201, Wellington Land Registry.