This Act may be cited as the Reserves and Other Lands Disposal Act 1982.

This Act shall come into force on the 28th day after the date on which it receives the Governor-General’s assent.

Whereas the land to which this section relates is State forest land subject to the Forests Act 1949: And whereas it is desired that it should be declared to be Crown land subject to the Land Act 1948: And whereas section 19(1) of the Forests Act 1949 prohibits the revocation of the setting apart of land as State forest land except by Act of Parliament: And whereas it is desired to ensure that a lease affecting the land to which subsection (3)(j) relates is not affected by the revocation of the State forest status of that land: Be it therefore enacted as follows:

The setting apart of the land to which this section relates as State forest land is hereby revoked, and the land is hereby declared to be Crown land under the Land Act 1948.

The revocation of the setting apart as State forest land of the land to which subsection (3)(j) relates shall not affect the validity of the lease entered into on 28 August 1979 on behalf of Her Majesty as lessor, and the Marlborough Forestry Corporation as lessee, nor shall it affect the rights and obligations of the lessor and lessee under that lease.

This section relates to the following land:

Whereas the land to which this section relates is held by the Northland Harbour Board in trust, without power of sale, as a harbour endowment: And whereas it is desired to vest the land in the Crown as a recreation reserve: Be it therefore enacted as follows:

The land to which this section relates is hereby vested in Her Majesty as a recreation reserve subject to the Reserves Act 1977, and shall form part of the adjoining recreation reserve.

This section relates to all that piece of land in the North Auckland Land District, Bay of Islands County, comprising 650 square metres, more or less, being part land in Deposited Plan 18043, situated in Block I, Russell Survey District, being part of the land comprised and described in certificate of title Volume 399, folio 139 (North Auckland Registry) (shown marked “A” on SO Plan 53990).

Whereas the land to which this section relates is Crown land held under the Land Act 1948: And whereas the adjoining land (in this section called the reserve) is vested in Her Majesty in trust as a site for public buildings and other purposes and is a historic reserve under the Reserves Act 1977: And whereas the Customhouse on the reserve encroaches onto the land to which this section relates: And whereas it is desirable that the land to which this section relates should be held on the same terms as the reserve: Be it therefore enacted as follows:

The land to which this section relates is hereby declared to be vested in Her Majesty as a historic reserve subject to the Reserves Act 1977, and to form part of the adjoining historic reserve.

Section 3 of the Reserves and Other Lands Disposal Act 1979 shall apply to the land to which this section relates as if that land were land to which that section relates.

This section relates to all that piece of land situated in the North Auckland Land District, Auckland City, comprising 32 square metres, more or less, being Allotment 31 of Section 17, City of Auckland (formerly Part Allotment 16, Section 17, City of Auckland), situated in Block VIII, Rangitoto Survey District (SO Plan 56630).

Whereas section 17 of the Reserves and Other Lands Disposal Act 1955 makes provision for the holding of certain lands in the Marlborough Sounds as reserves subject to special conditions as to access and licences to occupy: And whereas it is desired to extend those provisions to other similar land in that area: And whereas those provisions, if extended, could apply to public roads and reserves that are not vested in the Crown: And whereas it is desired to facilitate the transfer of such reserves to the Crown: And whereas it is desired to provide that the provisions of that section shall not apply to land that is not vested in the Crown: And whereas it is no longer appropriate to obtain the approval of the Minister of Works before applying the provisions to any land that is a public road: And whereas it is expedient to replace section 17 of the Reserves and Other Lands Disposal Act 1955 with new provisions to give effect to these objectives: Be it therefore enacted as follows:

The Minister of Conservation may from time to time by notice in the Gazette declare any part or parts of the land to which this section relates to be subject to the Reserves Act 1977 as a reserve for such purpose as the Minister thinks fit.

The Minister of Conservation shall not make any declaration under subsection (1) in respect of any land that is not vested in Her Majesty.

Notwithstanding anything in the Local Government Act 1974 or the Reserves Act 1977, any local authority may transfer any reserve vested in it, being land to which this section relates, to Her Majesty so that the Minister of Conservation may make a declaration under subsection (1) in respect of that reserve.

Notwithstanding any declaration under subsection (1), the right of the owner of any adjoining land to use any such reserve for access purposes shall enure, except in the case of land held under a licence granted under subsection (7) to some person other than that adjoining owner.

Access by, through, or over any land declared to be a reserve under subsection (1) that was formerly Government road or public road is hereby deemed to be access to an existing road for the purposes of section 321 of the Local Government Act 1974.

Notwithstanding the declaration of any land as a reserve under subsection (1), the right is reserved to the public at all times and from time to time to use any such land (other than land subject to a licence under this section) for access purposes.

Where a declaration is made under subsection (1) on or after the commencement of this subsection, the land to which the declaration applies shall be deemed to be classified under the Reserves Act 1977 as a local purpose reserve for the purpose specified by the Minister in the declaration.

Notwithstanding anything to the contrary in the Reserves Act 1977 or the Conservation Act 1987, licences to occupy any part or parts of any reserve declared under this section as sites for boatsheds, sheds, or other buildings (including portion of a building) may be granted by the Minister of Conservation and, in respect of any such licence, the following provisions shall apply:

Where the licensee under any licence granted under subsection (7) is the owner of any adjoining land, any sale of that adjoining land shall be deemed to include the sale of any licence issued under this section; and the licence shall not be capable of being transferred, sublet, or otherwise disposed of other than with the adjoining land.

On any sale, subletting, or other disposition referred to in subsection (10), the consideration passing thereunder may include the value of all improvements owned by the licensee under the licence.

Amendment(s) incorporated in the Act(s).

Notwithstanding the repeal of section 17 of the Reserves and Other Lands Disposal Act 1955 by subsection (12), any licence granted under subsection (4) of that section and the rights and obligations of the licensor and licensee under any such licence shall be of the same effect as if that section had not been repealed.

The lands to which this section relates are those in the categories (a) to (d) set out in this subsection adjacent to the foreshore of the sea in Tasman Bay, the Marlborough Sounds, and Cook Strait from a point commencing at the southern corner of Section 16, Block VIII, Whangamoa Survey District, in the Nelson Land District, to the northern boundary of the Wairau Harbour Board endowment in Block IV, Cloudy Bay Survey District, Marlborough Land District; and includes all islets and islands adjacent thereto within New Zealand territorial waters, including D’Urville Island. The categories referred to in this subsection are:

Whereas the land referred to in subsection (8)(a) was proclaimed to be public road by Proclamation published in the Gazette of 1886 at page 835 or was deemed to be legal road by earlier Crown grants: And whereas the land was included in various dispositions of Crown land and certificates of title without the roads being closed: And whereas it is desired to remove the road status from the land with effect from 1 September 1905: And whereas it is desired to provide that the validity of any disposition of any land in which any land referred to in subsection (8)(a) is comprised is not to be affected by the inclusion in that disposition of any land that had road status: And whereas the land referred to in subsection (8)(b) is freehold land that has been treated as road for many years: And whereas it is desired to declare that the land referred to in subsection (8)(b) is legal road and has been such with effect on and from 1 September 1905: And whereas it is desired to provide that the land referred to in subsection (8)(c) had the status of Crown land on 12 September 1905, and retained that status until it was disposed of under the Land Act 1892: And whereas the land referred to in subsection (8)(d) is Crown land that was incorrectly included with other land as if it were not Crown land: And whereas it is desired to provide that the land referred to in subsection (8)(d) did not have the status of Crown land on and from 5 June 1923: And whereas it is desired to provide that no disposition of any land in which any land referred to in subsection (8)(d) is comprised is to be affected by the inclusion in that disposition of land that had the status of Crown land: Be it therefore enacted as follows:

The road status of the land referred to in subsection (8)(a) is hereby deemed to have been cancelled on 1 October 1905, and the land is hereby deemed to have been Crown land on that date.

The validity of any disposition of any land, and the validity of any certificate of title issued in respect of any land is hereby deemed to be unaffected by the inclusion of any land referred to in subsection (8)(a) in that disposition or certificate of title, and the inclusion of any such land is hereby deemed to have been as valid as it would have been if the land had not had road status when it was so included.

The land referred to in subsection (8)(b) is hereby deemed to be legal roads within the meaning of section 121 of the Public Works Act 1981.

The land referred to in subsection (8)(c) is hereby deemed to have been Crown land on and after 12 September 1905 until such time as that status was purported to be removed by the disposal of the land under section 117 of the Land Act 1892.

The validity of any disposition of any land, and the validity of any certificate of title issued in respect of any land is hereby deemed to be unaffected by the inclusion of any land referred to in subsection (8)(c) in that disposition or certificate of title, and the inclusion of that land is hereby deemed to have been as valid as it would have been if that land had the status of Crown land when first disposed of after 12 September 1905, and ceased to have that status as a consequence of that disposition.

The land referred to in subsection (8)(d) is hereby deemed to have ceased to be Crown land on 5 June 1923.

The validity of any disposition of any land and the validity of any certificate of title issued in respect of any land is hereby deemed to be unaffected by the inclusion of any land referred to in subsection (8)(d) in that disposition or certificate of title, and the inclusion of any such land is hereby deemed to have been as valid as it would have been if the land ceased to be Crown land in accordance with subsection (6).

This section applies to all those areas of land in the Marlborough Land District, Marlborough County, situated in Block XVII, Cloudy Bay Survey District, and—

which plan is lodged in the office of the Chief Surveyor at Blenheim.

Whereas the land to which this section relates was laid off as road in 1905 under section 65(1) of the Lands for Settlements Consolidation Act 1900: And whereas the land was included in various dispositions and reservations of Crown land without the roads being closed: And whereas it is desired to remove the road status from the land with effect from 1 May 1906: And whereas it is desired to provide that the validity of any disposition, or reservation, of or relating to any land in which any land to which this section relates is comprised is not to be affected by the inclusion in that disposition or reservation of any of the land having that road status: Be it therefore enacted as follows:

The laying off as roads of the land to which this section relates is hereby deemed to have been cancelled on 1 May 1906, and the land is hereby deemed to have been Crown land on that date.

The validity of any disposition or reservation of any land, and the validity of any certificate of title issued in respect of any land is hereby deemed to be unaffected by the inclusion of any land to which this section relates in that disposition, reservation, or certificate of title, and the inclusion of any such land is hereby deemed to have been as valid as it would have been if the land had been Crown land without road status when disposed of or reserved by the Crown.

This section relates to all those pieces of land in the Marlborough Land District, Marlborough County, situated in Block  IX, Cape Campbell Survey District, and shown marked “A” to “F” on SO Plan 6015; which plan is lodged in the office of the Chief Surveyor at Blenheim.

Whereas the land to which this section relates was taken for public roads by notice under section 87 of the Marlborough Waste Lands Act 1867 published in the Gazette of 1892 at page 724: And whereas the land was included in various dispositions and reservations of Crown land without the roads being closed: And whereas it is desired to remove the road status from the land with effect on and from 1 August 1896: And whereas it is desired to provide that no disposition or reservation of any land in which any land to which this section relates is comprised is to be affected by the inclusion in that disposition or reservation of any land that had road status: Be it therefore enacted as follows:

The taking of the land to which this section relates is hereby deemed to have been cancelled on 1 August 1896, and the land is hereby deemed to have been Crown land on that date.

The validity of any disposition or reservation of any land, and the validity of any certificate of title issued in respect of any land is hereby deemed to be unaffected by the inclusion of any land to which this section relates in that disposition, reservation, or certificate of title, and the inclusion of any such land is hereby deemed to have been as valid as it would have been if the land had been Crown land without road status when disposed of or reserved by the Crown.

This section relates to all those pieces of land in the Marlborough Land District, Kaikoura County, situated in Block V, Mt Fyffe Survey District, and shown marked “A” and “B” on SO Plan 6016; which plan is lodged in the office of the Chief Surveyor at Blenheim.

Whereas the land referred to in subsection (7)(a) was taken and laid off as road by notice in the Gazette of 1885 at page 917 or deemed to be road by Crown grant: And whereas the land was included in various dispositions and taken or set apart by Proclamation for railway purposes without the roads being closed: And whereas it is desired to remove the road status from that land with effect on and from 19 May 1914: And whereas it is desired to provide that any disposition of any land in which any of the land referred to in subsection (7)(a) is comprised and any Proclamation relating to any of that land is not to be affected by the inclusion in that disposition or Proclamation of any land that had that road status: And whereas the land referred to in subsection (7)(b) was set apart as a reserve (resting place for stock) by notice in the Marlborough Provincial Gazette of 1863 at page 89: And whereas it is desired to revoke the reserve status of that land: And whereas it is desired to provide that the validity of any disposition of any land in which any land referred to in subsection (7)(b) is comprised and any Proclamation relating to any of that land is not to be affected by the inclusion in that disposition or Proclamation of any land that had that reserve status: And whereas it is desired to provide that some of the land referred to in subsection (7)(b) that has reserve status is to be deemed to have road status: Be it therefore enacted as follows:

The taking and laying off as roads of the land to which subsection (7)(a) refers is hereby deemed to have been cancelled on 19 May 1914, and the land is hereby deemed to have been Crown land on that date.

The validity of any disposition of any land, and the validity of any certificate of title issued in respect of any land, is hereby deemed to be unaffected by the inclusion of any land to which subsection (7)(a) relates in that disposition or certificate of title, and the inclusion of any such land is hereby deemed to have been as valid as it would have been if the land had been Crown land without road status when first disposed of by the Crown.

The setting apart as a reserve (resting place for stock) of the land to which subsection (7)(b) refers is hereby deemed to have been revoked on 19 May 1914, and the land is hereby deemed to have been Crown land on that date.

The validity of any disposition of any land, and the validity of any certificate of title issued in respect of any land, is hereby deemed to be unaffected by the inclusion of any land to which subsection (7)(b) relates in that disposition or certificate of title, and the inclusion of any such land is hereby deemed to have been as valid as it would have been if the land had been Crown land without reserve status when first disposed of by the Crown.

The land referred to in subsection (7)(b) that is shown marked “I”, “J”, “Q”, and “R” on SO Plan 6017 is hereby deemed to be road within the meaning of section 121 of the Public Works Act 1981.

The following Proclamations are hereby deemed to be as valid as they would have been if such of the land to which they relate as is referred to in this section had the status conferred upon it by this section:

This section relates to all those pieces of land in the Marlborough Land District, Kaikoura County, situated in Block V, Mt Fyffe Survey District, and—

which plan is lodged in the office of the Chief Surveyor at Blenheim.

Whereas the land referred to in subsection (5)(a) was deemed to be road by Crown grant during the years 1864 to 1869 and is legal road: And whereas that land was included in various subsequent dispositions, reservations, and certificates of title without the roads being closed: And whereas it is desired to remove the road status of that land with effect on and from 27 July 1887: And whereas it is desired to provide that the validity of any disposition, reservation, or certificate of title of or relating to any land in which any land referred to in subsection (5)(a) is comprised is not to be affected by the inclusion in that disposition or reservation of any land that had road status: And whereas the land referred to in subsection (5)(b) is land on which roads have been formed and are in use: And whereas it is desired to declare that that land has the status of legal road and has had that status with effect on and from 27 July 1887: And whereas the land referred to in subsection (5)(c) was, by Proclamation, proclaimed to be closed road and to be vested in Margaret Helen Rickman: And whereas the land was not road at the time when the Proclamation was made: And whereas it is desired to provide that the vesting of the land in Margaret Helen Rickman is valid notwithstanding that the land was not road and could not be proclaimed to be closed road: Be it therefore enacted as follows:

The setting apart as roads of the land to which subsection (5)(a) refers is hereby deemed to have been cancelled on 27 July 1887.

The validity of any disposition or reservation of any land, and the validity of any certificate of title issued in respect of any land, is hereby deemed to be unaffected by the inclusion of any land to which subsection (5)(a) relates in that disposition, reservation, or certificate of title, and the inclusion of any such land is hereby deemed to have been as valid as it would have been if the land had not had road status when it was so included.

The land referred to in subsection (5)(b) is hereby deemed to be road within the meaning of section 121 of the Public Works Act 1981.

It is hereby declared that the Proclamation relating to the land referred to in subsection (5)(c) and published in the Gazette of 1963 at page 265 is deemed to have been valid in so far as it vests that land in Margaret Helen Rickman, described as the wife of Geoffrey Robert Rickman of Cobham, Surrey, England, solicitor.

This section relates to all those pieces of land in the Marlborough Land District, Kaikoura County, situated in Block VI, Mt Fyffe Survey District, and Blocks I, II, III, IV, XII, and XIII, Greenburn Survey District, and

which plan is lodged in the office of the Chief Surveyor at Blenheim.

Whereas the Westland-Grey Coal Reserve (in this section called the Reserve) was declared to be Crown land by section 4 of the Westland and Nelson Coal Fields Administration Act 1877: And whereas the Greymouth Harbour Board was endowed with all money arising or derivable from the Reserve by section 7(1) of the Greymouth Harbour Board Act 1884: And whereas it is now desired to vest in the Greymouth Harbour Board all portions of the Reserve described in subsection (16), which description excludes any parts of the Reserve that have been acquired, taken, or set aside under the Public Works Act 1981 or any former Public Works Act or any other Act; all rivers and streams over 3 metres in width; a 20 metre wide strip along both banks of such rivers and streams; 3 areas of land between State Highway 7 and the Midland Railway; and the land referred to in subsections (17) and (18): And whereas it is desired to reserve rights to the Crown in respect of minerals and coal as if the portions of the Reserve vested by subsection (16) in the Greymouth Harbour Board had been alienated from the Crown by way of sale: And whereas the land referred to in subsection (17), being part of the Reserve, was declared to be subject to the Land Act 1948 by Warrant issued under section 169 of that Act and published in the Gazette of 1973 at page 512: And whereas that Warrant was issued on the erroneous assumption that the land was vested in the Greymouth Harbour Board: And whereas 2 leases were granted in respect of that land under section 63 of the Land Act 1948, which section confers upon lessees the right to acquire the fee simple interest in the leased land: And whereas the lessee of the land referred to in subsection (17)(a) has exercised that right: And whereas section 169(3) of the Land Act 1948 provides that land held under that provision may not be leased on terms that entitle the lessee to acquire the fee simple of that land: And whereas doubts have arisen as to the effect of the Greymouth Harbour Board Act 1884 Amendment Act 1902 (which Act gives the Greymouth Harbour Board power to lease land in the Reserve) on the power for leases to be granted in respect of that land under the Land Act 1948: And whereas it is desired to confirm that the leases were properly granted under section 63 of the Land Act 1948, and that section 169 of that Act had no proper application to that land: And whereas it is expedient to revoke the Warrant issued under section 169 of the Land Act 1948 in respect of the land referred to in subsection (17): And whereas the Land Settlement Board purported to purchase the land referred to in subsection (18) on behalf of Her Majesty under section 40 of the Land Act 1948 from the Greymouth Harbour Board: And whereas the land referred to in subsection (18) is part of the Reserve and at all material times was Crown land, and therefore the Greymouth Harbour Board did not have power to sell the land and the Land Settlement Board was not empowered to purchase the land: And whereas it is desired to confirm that the land referred to in subsection (18) is held by Her Majesty as Crown land: And whereas deferred payment licences were issued by the Land Settlement Board in respect of the land referred to in paragraphs (a) and (b) of subsection (18): And whereas it is desired to confirm that the validity of those licences is not affected by the purported purchase of the land by the Land Settlement Board from the Greymouth Harbour Board: And whereas it is desired to make amendments to other Acts consequential upon this section and section 4 of the Reserves and Other Lands Disposal Act 1977: And whereas it is desired to repeal the Greymouth Harbour Board Empowering Act 1894: Be it therefore enacted as follows:

Subject to subsections (2) and (3), the land referred to in subsection (16) is hereby vested in the Greymouth Harbour Board.

Land referred to in subsection (16) may not be sold without the prior written consent of the Minister of Local Government, and the Minister may give that consent unconditionally or subject to such conditions as the Minister thinks fit.

Section 8 of the Mining Act 1971, and section 5 of the Coal Mines Act 1979 shall apply to the land vested by subsection (1) as if it had been alienated from the Crown by way of sale.

The Greymouth Harbour Board may apply the money arising from the sale, or lease, or other occupation or use of any land referred to in subsection (16) towards the payment of its liabilities to the Crown or any other person, the development of other such land, harbour works within the Port of Greymouth, or works in relation to any other facility that may for the time being be within the jurisdiction of the Board, but for no other purpose.

The Warrant issued under section 169 of the Land Act 1948 in respect of the land referred to in subsection (17) and published in the Gazette of 1973 at page 512 is hereby revoked.

It is hereby confirmed that the Land Settlement Board had the power to grant leases RLU 333 and RLU 335 issued under section 63 of the Land Act 1948 in respect of the land referred to in subsection (17), and that the rights and obligations of the lessor and lessees under those leases are unaffected by any defect in the Warrant referred to in subsection (4).

All rents payable under lease RLU 335 shall, after deducting the cost of collection, be paid by the Land Settlement Board to the Greymouth Harbour Board; and if the lessee exercises his right to acquire the fee simple interest in the leased land, the net proceeds of the sale shall be paid by the Land Settlement Board to Greymouth Harbour Board.

It is hereby confirmed that the land referred to in subsection (18) is Crown land held by Her Majesty subject to the Land Act 1948.

It is hereby confirmed that the validity of deferred payment licences DPU 150 and DPU 166 issued in respect of the land referred to in paragraphs (a) and (b) of subsection (18) is unaffected by any defect in the validity of or lack of effect of any transaction between the Land Settlement Board and the Greymouth Harbour Board relating to the purported purchase of that land under section 40 of the Land Act 1948.

Amendment(s) incorporated in the Act(s).

Amendment(s) incorporated in the Act(s).

Notwithstanding the amendment made by subsection (11), the Greymouth Harbour Board shall continue to have and may exercise the powers conferred by the Greymouth Harbour Board Act 1884 Amendment Act 1902 in respect of the land described in subsection (16) as if that land was part of the said lands within the meaning of that Act.

Amendment(s) incorporated in the Act(s).

The Greymouth Harbour Board Empowering Act 1894 is hereby repealed.

Subsection (1) applies to all those pieces of land in the Westland Land District, Grey County,—

Subsection (4) relates to all those pieces of land in the Westland Land District, Grey County:

Subsection (7) relates to all those pieces of land in the Westland Land District, Grey County:

Whereas the land to which this section relates is included in the Arthur’s Pass National Park: And whereas the land is being farmed and does not meet the criteria established for National Park status: And whereas the exclusion of the land from the National Park will result in a better boundary for the Park: And whereas it is desired to exclude the land from the National Park for those reasons: And whereas section 11(1) of the National Parks Act 1980 prohibits the exclusion of land from a National Park except by Act of Parliament: Be it therefore enacted as follows:

The land to which this section relates is hereby excluded from the Arthur’s Pass National Park.

This section relates to all that piece of land in the Westland Land District, Westland County, comprising 6 908 square metres, more or less, being Rural Section 6114 (formerly Part Rural Section 5578) situated in Block VII, Otira Survey District (SO Plan 10415).

Whereas the land to which this section relates is included in the Westland National Park: And whereas the land is being farmed and does not meet the criteria established for National Park status: And whereas it is desired to exclude it from the National Park: And whereas section 11(1) of the National Parks Act 1980 prohibits the exclusion of land from a National Park except by Act of Parliament: Be it therefore enacted as follows:

The land to which this section relates is hereby excluded from the Westland National Park.

This section relates to all those pieces of land in the Westland Land District, Westland County, comprising 8.5970 hectares, more or less, being Rural Sections 6328 and 6330 (formerly Part Reserve 1461), situated in Blocks X and XI, Waiho Survey District (SO Plan 10572).

District Land Registrars are hereby authorised and directed to make such entries in their respective registers, and do all such other things, as may be necessary to give full effect to the provisions of this Act.