Christchurch City Council (Lancaster Park) Land Vesting Bill
Christchurch City Council (Lancaster Park) Land Vesting Bill
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Christchurch City Council (Lancaster Park) Land Vesting Bill
Christchurch City Council (Lancaster Park) Land Vesting Bill
Local Bill
196—2
As reported from the Local Government and Environment Committee
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Tim Barnett
Christchurch City Council (Lancaster Park) Land Vesting Bill
Local Bill
196—2
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Christchurch City Council (Lancaster Park) Land Vesting Act 2008.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
Preliminary Provisions
3 Purpose
The purpose of this Act is to—
(a) vest Lancaster Park land in the Christchurch City Council to be held in trust for certain purposes:
(b) dissolve the Victory Park Board:
(c) repeal the Victory Park Act 1919:
(d) provide for related matters.
4 Interpretation
In this Act, unless the context otherwise requires,—
Board means the Victory Park Board established by the Victory Park Act 1919
Council means the Christchurch City Council
Property means
(a) every type of property; and
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(b) includes:
(i) every type of estate and interest in property; and
(ii) money; but
(c) excludes the land described in Schedules 1 and 2.
Vesting of Lancaster Park Land in Council
5 Land vested in Council
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(1) The fee simple and registered leasehold estates in the land described in Schedules 1 and 2 are vested in the Council.
(2) The land continues to be subject to all leases, licences, reservations, restrictions, encumbrances, and interests in existence at the commencement of this Act.
(3) However, the land in Schedule 1 is no longer—
(a) subject to the trusts, reservations, and restrictions imposed by the Victory Park Act 1919; or
(b) under the management, control, or direction of the Board.
6 Council to hold land on certain trusts
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(1) The Council must hold the land described in Schedules 1 and 2 in trust for the following purposes:
(a) rugby union;
(b) cricket;
(c) all other sports;
(d) recreation;
(e) entertainment;
(f) public assembly;
(g) ancillary purposes.
(2) In subsection (1)(g), ancillary purposes—
(a) means purposes ancillary to the purposes specified in subsection (1)(a) to (f); and
(b) includes any commercial development and use on the land described in Schedules 1 and 2 that generate income for the benefit of, and does not detract from, the purposes specified in subsection (1)(a) to (f).
7 Council’s powers in relation to land
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(1) The Council may grant a lease, tenancy or licence of any part of the land described in Schedules 1 and 2 on such terms and conditions as it thinks fit.
(2) The Council may exercise its power under subsection (1) only for one or more of the purposes set out in section 6.
(3) No lease, tenancy or licence granted under subsection (1) (including rights of renewal or extensions, whether in the lease, tenancy or licence or granted separately) may be for a term of 50 years or longer.
7A War memorial gates
In exercising its powers for the purposes of this Act, the Council must have regard to the significance of the war memorial gates at the Stevens Street boundary of the land described in Schedules 1 and 2 as a permanent memorial to the Canterbury soldiers who lost their lives in the First World War.
8 Application of Ngai Tahu Claims Settlement Act 1998
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(1) On and from the commencement of this Act, Part 9 of the Ngai Tahu Claims Settlement Act 1998 applies to the land described in Schedule 1 as if the Council were the Crown and the land were relevant land, and Part 9 of that Act applies accordingly with all necessary modifications.
(2) For the purposes of subsection (1), the Council is to be treated as if it had disposed of the land if—
(a) it is using the land for a purpose not specified in section 6; and
(b) it has not ceased to use the land for a purpose not specified in section 6 within 20 working days after receiving a notice in writing from Te Rūnanga O Ngāi Tahu requiring it to cease using the land for a purpose not specified in section 6.
(3) Subsection (2) does not limit subsection (1).
Dissolution of Board
9 Dissolution of Board
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(1) The Board is dissolved.
(2) The property, rights, contracts, engagements, authorities, duties, and liabilities of the Board vest in the Council.
(3) All actions, arbitrations, and proceedings and all causes of actions, arbitrations, and proceedings by or against the Board may be continued by or against the Council.
(4) Unless the context otherwise requires, a reference to the Board in an enactment, deed, instrument, application, notice, or any other document is to be read as a reference to the Council.
10 Final Accounts of the Board
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(1) Despite sections 9 and 13, the Board continues in existence to complete its obligations under subsection (2).
(2) The Board must, within three months after the commencement of this Act―
(a) complete its accounts; and
(b) prepare a balance sheet showing the Board’s receipts and disbursements and its actual financial position as at the commencement of this Act; and
(c) publish its balance sheet in a daily newspaper circulating in Christchurch.
(3) The costs and expenses of the Board completing its obligations under subsection (2) must be paid by the Council.
Miscellaneous Provisions
11 Vesting of land not a gift, supply of services, or disposition, for certain purposes
To avoid doubt, the vesting of land and property by this Act is not—
(a) a dutiable gift for the purposes of the Estate and Gift Duties Act 1968:
(b) a supply of goods and services for the purposes of the Goods and Services Act 1985:
(c) a sale, distribution, or transfer of property or liability for the purposes of the Income Tax Act
20042007.
12 Powers of Registrar-General of Land
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(1) The Registrar-General of Land is authorised and directed to make such entries in the registers under the Land Transfer Act 1952 and to do all such other things as may be necessary to give effect to the provisions of this Act.
(2) The Registrar must
, without fee—(a) cancel on the certificate of title for the land described in Schedule 1 the words entered under section
9998 of the Ngai Tahu Claims Settlement Act 1998; and
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(b) enter on that certificate of title the following words:
“Subject to Part 9 of the Ngai Tahu Claims Settlement Act 1998, as applied by section 8 of the Christchurch City Council (Lancaster Park) Land Vesting Act 2008.”
(3) Subsection (2) does not limit subsection (1).
13 Repeal
The Victory Park Act 1919 is repealed.
Schedule 1 |
ss 4, 5, 6, 7, 8, 12(2) |
| Area | Description | Certificate of Title |
|---|---|---|
| 6.3251 ha | Lots 1 and 2 DP 18992 | CB27K/1155 |
| Lots 20–30 and Lot 50 DP 1384 | ||
| Part Lots 57-60 and | ||
| Part Lots 62-63 DP 631 | ||
| Part Rural Section 62 |
Schedule 2 |
ss 4, 5, 6, 7 |
| Area | Description | Certificate of Title | |
|---|---|---|---|
| 1. | 933m² | Part Lot 53 DP 631 | CB420/156 |
| 2. | 908m² | Part Lot 54 DP 631 | CB23B/374 |
| 3. | 908m² | Part Lot 55 DP 631 | CB378/27 |
| 4. | 908m² | Part Lot 56 DP 631 | CB25B/1087 |
| 5. | 908m² | Part Lot 65 DP 631 | CB33B/1210 |
| 6. | 908m² | Part Rural Section 62 | CB21A/118 |
| 7. | 513m² | Part Rural Section 62 | CB350/166 |
| 8. | 513m² | Part Rural Section 62 | CB357/275 |
| 9. | 483m² | Part Lot 31 DP 1384 | CB15K/760 |
| 10. | 483m² | Part Lot 31 DP 1384 | CB15K/761 |
| 11. | 417m² | Part Lot 31 DP 1384 | CB333/32 |
| 12. | 753m² | Lot 1 DP 301352 | CB5892 |
Legislative history | |
|---|---|
| 13 February 2008 | Introduction (Bill 196–1) |
| 16 April 2008 | First reading and referral to Local Government and Environment Committee |
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Versions
Christchurch City Council (Lancaster Park) Land Vesting Bill
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Commentary
Recommendation
The Local Government and Environment Committee has examined the Christchurch City Council (Lancaster Park) Land Vesting Bill and recommends that it be passed with the amendments shown, subject to confirmation of approval from the Office of Treaty Settlements.
Introduction
This bill aims to facilitate the redevelopment of Lancaster Park as a modern sports stadium for the future by giving effect to an agreement between the park’s board and Christchurch City Council. The Victory Park Act 1919 established the Victory Park Board to control and manage the land and facilities at Lancaster Park (the park’s original name). The redevelopment required for Lancaster Park is beyond the board’s financial resources. Therefore, in return for the council agreeing to fund the redevelopment, the board has agreed to hand its assets over to the council. The bill provides that land vested in the Crown and the board will be transferred to the local authority.
Submissions received
We received only one submission on the bill, from Christchurch City Council. It explained that extensive consultation on the matters contained in the bill has taken place over a number of years. The council submitted that there is strong local support for the redevelopment of land and facilities to be completed in time for the 2011 Rugby World Cup. Based on the council’s submission we recommend a small number of minor amendments to the bill.
The council also noted that one of the purposes of the Victory Park Act was to vest land in the Crown in commemoration of the Canterbury soldiers who lost their lives in the First World War. The board was given the power to construct a permanent memorial recording the names of the soldiers, which became the war memorial entrance gates on Stevens Street. The council explained that a number of interested parties believe the bill should include recognition of this purpose. We agree and, accordingly, recommend the insertion of new clause 7A.
Administering Crown agency
It was brought to our attention on the day of deliberation that confirmation from the relevant administering Crown agency had not been received.
In order for the bill to pass in this Parliamentary term, we decided to continue with deliberation, subject to the condition that confirmation of the approval from the Office of Treaty Settlements be received before the bill progresses any further in the House.
Appendix
Committee process
The Christchurch City Council (Lancaster Park) Land Vesting Bill was referred to the committee on 16 April 2008. The closing date for submissions was 6 June 2008. We received, considered, and heard one submission. We received advice from the Department of Internal Affairs and the Parliamentary Counsel Office.
Committee membership
Moana Mackey (Chairperson)
John Carter (Deputy Chairperson)
Hon David Benson-Pope
Mark Blumsky (until 30 July 2008)
Jacqui Dean
Hon Marian Hobbs
Dr Russel Norman (from 1 July 2008)
Su’a William Sio
Hon Dr Nick Smith
Mētīria Turei (until 1 July 2008)
Nicky Wagner (from 30 July 2008)