Special Powers And Contracts Act 1883
Special Powers And Contracts Act 1883
Version as at 28 October 2021
Special Powers And Contracts Act 1883
Local Act |
1883 No 27 |
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Date of assent |
8 September 1883 |
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Note
Changes authorised by subpart 2 of Part 3 of the Legislation Act 2019 have been made in this consolidation. See the notes at the end of this consolidation for further details.
Contents
An Act to grant certain special powers to the Governor to issue Crown grants, and to enable him to carry out certain contracts and promises.
Preamble
Whereas it is expedient and necessary to give the Governor power to issue the Crown grants and to do, execute, and perform the several acts and things set forth in the second column of the Schedule, in fulfilment of the promises and for the several reasons and purposes set forth in the first column of such Schedule:
1 Short Title
The Short Title of this Act is the Special Powers and Contracts Act 1883.
2 Crown grants to issue
The Governor may issue such Crown grants and do, execute, and perform the several acts, deeds, matters, and things which are specified in the second column of the Schedule.
All Crown grants, acts, deeds, matters, and things so issued, done, executed, or performed shall be good, valid, and effectual to all intents and purposes whatsoever.
3 Legal estate may be antevested
For the purpose of evidencing the title to any land specified in the said second column of the Schedule, the Governor may, in any Crown grant issued under the authority hereof, antevest the legal estate in the grantee to such date as he thinks fit.
4 Provision in case of land inalienable for a longer period than twenty-one years except with consent of Governor
[Repealed]Section 4 was repealed, as from 24 December 1909, by section 431 Native Land Act 1909 (1909 No 15).
Schedule
| First column | Second column | |||
|---|---|---|---|---|
| Auckland | ||||
| 1. | To enable the Board of Governors of Auckland College and Grammar School to construct a road through the land described, so that access may be regained to the main road to Auckland, approach to which was cut off by the construction of the Auckland Waikato Railway. |
1. | Notwithstanding any provision in the Public Works Act 1882, may convey to the Board of Governors of the Auckland College and Grammar School all that parcel of land in the Provincial District of Auckland, containing by admeasurement thirty-three perches and decimal six (33.6) of a perch, more or less, in the Rangitoto Survey District, and being portion of Allotments Nos 16, 17, 18, 21, 22, 23, and 24, of a subdivision into allotments of original Allotment No 9, of Section No 95, of the Suburbs of Auckland. Bounded towards the North-east by lines, 76.1 links, 51 links, and 114.8 links; towards the South-east by a line, 126.8 links; towards the South-west by a line, 253 links; and towards the North-west by a street, 82.4 links: be all the aforesaid linkages more or less; as the same is delineated on Plan No 3003, deposited in the Survey Office at Auckland. |
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| 2–8. [Repealed] | ||||
| 9. | A Courthouse having been erected on another site at Waiuku, in the Provincial District of Auckland, it is desirable to sell the old Courthouse and site. |
9. | May sell by public auction, and execute a conveyance for the following piece of land in the Village of Waiuku, being Lot No 18: |
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All that allotment or parcel of land, containing by admeasurement 1 rood, more or less, situate in the Village of Waiuku, Parish of Waiuku and County of Eden, and being Allotment No 18. Bounded on the North by Lot No 17, 250 links; on the East by a road, 100 links; on the South by Lot No 19, 250 links; and on the West by Lot No 38, 100 links. With the buildings thereon and the rights and appurtenances thereto belonging. |
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| 10–11. [Repealed] | ||||
| 12. | Mr John Chambers being desirous of obtaining a lease, to a company to be hereafter formed, of portions of foreshore as described in the second column hereto, for the purpose of working the iron-sand deposits thereon, the Land Board of Auckland has recommended that leases be issued for a period of 66 years, which recommendation cannot be given effect to owing to the provisions of the Harbours Act 1878. |
12. | May issue leases of the lands hereinafter described, to any company that may be registered for the purpose of working the iron-sand deposits, upon such terms as he may think fit, for any period not exceeding 66 years, namely: All that parcel of land being part of the foreshore of the Manukau Harbour, containing by admeasurement 7 acres 1 rood and 25 perches, more or less. Bounded towards the North by the seaward boundary of Lot 6 of Section 30 of the Town of Onehunga, and the seaward boundary of the road to the eastward of said Lot 6; towards the East by a line being the production of the western boundary of Lot 8 of Section 27 of the Town of Onehunga aforesaid, 1620 links; towards the South by a line, 222 links; and towards the West by lines, 330 links, 1240 links, and 519 links: be all the aforesaid linkages, more or less. |
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Also, the foreshore between high- and low-water mark, extending for a distance of about four miles, commencing at a point by the production to the sea-coast in a westerly direction of the northern boundary of Lot 59 of the Parish of Karangahape, and extending thence in a southerly direction to Paratutai, on the North Head of Manukau Harbour, with liberty to take iron-sand from the adjoining sandhills at such places and in such manner as shall be approved of by the Governor. Also, the foreshore between high- and low-water mark, commencing at a point being the production to the sea-coast in a westerly direction of the line which forms the northern boundary of Lot 141 of the Parish of Awitu, and extending thence along the sea-coast in a southerly direction for a distance of 2 miles. |
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| 13. | In order to secure a continuous road frontage to Crown and freehold lands in the Taramarama and Waiau Survey Districts, County of Wairoa. |
13. | May exchange with the owners of the Owhio and Pihanui Nos 1 and 2 Blocks, situated in the County of Wairoa, the Crown lands lying between the road which runs along near their boundary and the said boundary for equal areas of the said blocks which lie between such boundary and the said road. |
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Or, in case equality of exchange cannot be effected, may, for the purpose of arriving at such equality, either purchase land from the owners aforesaid within the said limits, at a price not exceeding $1.50 for every acre, or may sell to the said owners Crown lands between the said road and boundary at a price not less than $1.50 for every acre. |
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| 14. | In 1851 certain land abutting on Alten Road, Auckland, was granted to certain trustees for the maintenance of a college and grammar school. In consequence of inaccuracy of the surveys, the line between the land so granted and this street was placed in a wrong position, as now appears from a recent accurate survey. The strip of land described in the second column, therefore, is found to intervene between the grammar school land, as described by the grant of 1851, and the street. Buildings and fences have been erected on the land, and the street made and used outside the fence. The grammar school leases are just falling in and the property is about to be again leased. The object is to remove all question of title before the new leases are issued. |
14. | May issue a Crown grant to the Governors of the Auckland College and Grammar School for the following piece of land: |
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All that parcel of land in the Provincial District of Auckland, containing by admeasurement 2 roods and 2 perches, more or less, situated in the City of Auckland, in the Rangitoto Survey District, and being a portion of the western side of the Alten Road as originally surveyed; and lying between Wynyard and Stanley Streets. Bounded towards the North-east generally by lines, 151 links, 73.3 links, 60.3 links, 143 links, 221 links, and 219.5 links respectively; towards the South-east by Stanley Street, 25 links; towards the South-west generally by Allotment No 20 of Section No 9, 243 links, 458 links, 154.5 links, and 11 links respectively; and towards the North-west by Wynyard Street, 57 links, to the commencing point; be all the aforesaid linkages, more or less; as the same is delineated on Plan No 2772, deposited in the Survey Office at Auckland. |
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| 15. | To give legal effect to an arrangement made by the Mayor, Councillors, and citizens of the City of Auckland with the Auckland College and Grammar School by which the lands described in the second column, which are parts of a piece of and granted on 27 February, 1873, to the Superintendent of Auckland and his successors, by deed of grant registered in the Land Registry Office at Auckland, Vol vi, folio 85, as a site for a Grammar School and play-ground, and which are now, by virtue of the Auckland College and Grammar School Act 1877, vested in the Auckland College and Grammar School for the purpose specified in the said Act, should hereafter be vested in the Mayor, Councillors, and citizens of the City of Auckland as and for a street and public highway. | 15. | May, by notice in the Gazette, declare that all that parcel of land, containing by admeasurement 7 perches, situated in the City of Auckland, in the Rangitoto Survey District, in the Provincial District of Auckland, being a part of the south-west portion of Section 34, bounded towards the South-west by part of the south-west portion of Section 34, 362.6 links; towards the South-east by Wynyard Street, 12.1 links; towards the North-east by other part of Section 34, 362.6 links; and towards the North-west by Symonds Street, 12.1 links, to the point of commencement; and all that parcel of land, containing by admeasurement 17.2 perches, situated in the City of Auckland, in the Rangitoto Survey District, in the Provincial District of Auckland, being a part of the south-west portion of Section 34, bounded towards the North-west by other part of the south-west portion of Section 34, 202.2 links; towards the South-east by Wynyard Street, 166.7 links; and towards the South-west by Gillies Street, 129.5 links, to the point of commencement: shall be changed from a reserve as a site for a grammar school and play-ground, or for educational purposes, to streets within the meaning of the Municipal Corporations Act 1876, and thereupon the said 2 pieces of land shall become vested in the Mayor, Councillors, and citizens of the City of Auckland as streets. | |
| 16. [Repealed] | ||||
| Taranaki | ||||
| 17–19. [Repealed] | ||||
| Wellington | ||||
| 20. | By conveyance dated 19 December, 1874, and issued under the authority of an Ordinance of the Provincial Council of the Province of Wellington, Session XI, No 10, intituled, |
20. | May, on receipt of a certificate of title under the Land Transfer Act, in favour of Her Majesty, from the persons, in connection with the Society called the Order of Freemasons, in whom the land described in the first column hereto may be at present vested, convey to such persons as he shall think fit, all that parcel of land situate in the City of Wellington, containing by admeasurement thirty-six (36) perches, more or less, and being Sections 9 and 10 of Block V, reclaimed land. Bounded towards the North-east by Section 8, 99 feet; towards the South-east by Sections 4 and 5, 99 feet; towards the South-west by Section 11, 99 feet; and towards the North-west by Stout-street, 99 feet: be all the said several admeasurements more or less. |
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This land, being a portion of the block upon which the High Court and Police Buildings in the City of Wellington are erected, and being adjoining the Police Court Buildings, it is desirable to have the said land reconveyed to the Crown to prevent its use for purposes other than as a site for future extension of Government buildings. |
To hold the same upon such trusts for the use and benefit of every regularly constituted Lodge within the City of Wellington, holding a charter from any recognized Grand Lodge of the said Order, as the Governor may approve in any conveyance that he may execute. |
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| 21. | On 23 March, 1872, the Superintendent of Wellington purchased Section No 443, in the Township of Palmerston, Manawatu District, containing 198 acres 1 rood and 27 perches, for the sum of $396.50¢, with the intention of reselling the land to one Peter Pope Fagg, on deferred payments, on condition that it was used for growing hops. Mr Fagg paid a deposit of $60 to the Provincial Treasury at the time the land was purchased by the Provincial Government. The Waste Lands Committee have recommended this session that the land should be offered for sale as of special value, and weighted with improvements. |
21. | May, by notice in the Gazette, direct the Commissioner of Crown Lands at Wellington to sell by public auction the land described in the first column hereto, at such upset price per acre as may be fixed in such notice; the sum of $60, paid by Peter Pope Fagg, and the value of the improvements which have been effected upon the land, being added to the upset price: Such sum of $60 and the amount of the valuation of the improvements to be paid to the present occupant of the section, James Fowler (who has purchased it from Peter Pope Fagg), as provided by section 155 of the Land Act 1877, in the event of his not acquiring the land when submitted to auction. |
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| Marlborough | ||||
| 22. [Repealed] | ||||
| Canterbury | ||||
| 23. | Reserve No 161 was made for Provincial Government and other public purposes, and it is now expedient to set apart the remaining portion of it as a recreation-ground, which cannot be done owing to the provisions of the Public Reserve Act 1881. | 23. | May, by notice in the Gazette, change the purpose from Provincial Government and other public purposes to a recreation-ground. All that parcel of land in the Halswell Survey District, Provincial District of Canterbury, containing by admeasurement 188 acres 3 roods 11 perches, more or less, being Section No 161 (in red). Bounded towards the North by Section No 2147, 4491.7 links; towards the East by Section No 20922, 5256 links; towards the South by Sections Nos 11227 and 11170, 4049.6 links; and towards the West by the Dyer’s Pass Road; subject, nevertheless, to a road-line 1 chain wide branching from the Dyer’s Pass Road, and leading to Section No 11170: as the same is delineated on the official map in the District Survey Office, Christchurch. |
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| 24. | It was enacted by the Public Reserves Sale Act 1882, that the Governor might declare part of Reserve No 178, containing 180 acres, in the County of Selwyn, open for sale under the provisions of the Land Act 1877. It is now, however, considered desirable to vest the land in the Board of Conservators of the South Waimakariri District. |
24. | Notwithstanding anything in the Public Reserves Sale Act 1882, to the contrary, the Governor may by Order in Council, which is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), vest part of Reserve No 178, containing 180 acres, which was Crown-granted on 21 February, 1870, to the Superintendent of Canterbury and his successors in trust as a site for a ferry, in the Board of Conservators of the South Waimakariri District, in trust for the improvement and protection of the banks of the Waimakariri River. |
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| 25. | Reserve No 204 (in red), in the Town of Timaru, was made in 1866 for a hospital. The hospital buildings having been since erected in another place, it is not required for the purpose, and it is expedient to set apart a portion of it as a site for a drillshed. |
25. | May, by notice in the Gazette, change the purpose from hospital site to a site for a drillshed of part of Reserve No 204 (in red), in the Town of Timaru, containing 2 roods. Bounded—Northward by North-street, 200 links; Eastward by Rose Street, 250 links; and Southward and westward by lines parallel to the northern and eastern boundaries. |
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| 26. | The portions of the railway reserve not numbered between Balcairn and Waipara, and Reserve No 457, which are described in the second column hereto, being no longer required for the purpose for which they were set apart, it is deemed desirable to sell them. |
26. | May, by notice in the Gazette, authorize the sale of the under-mentioned land, viz: |
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All that parcel of land in the Provincial District of Canterbury, containing by admeasurement 301 acres, more or less, being the strip of land, 3 chains wide, extending from the southern bank of the River Waipara in a southerly direction to Reserve No 119 (in red): as the same is delineated on the plan deposited in the District Survey Office, Christchurch. Save and excepting so much of the above described area as may be required for the purposes of public roads or railways. |
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Also all that parcel of land in the Provincial (in red) District of Canterbury, containing by admeasurement 87 acres, more or less, being a strip of land 3 chains wide, situate in the Oxford and Kowai Survey Districts, numbered 457 (in red), and extending north-westerly from the Coal Tramway Reserve to the Dalethorpe and Kowai Road: as the same is delineated on the plan deposited in the District Survey Office, Christchurch. Save and excepting so much of the above described area as may be required for the purpose of public roads or railways. |
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| 27. | The land described in the second column was transferred to Her Majesty the Queen by Elizabeth Ann Carter as a site for a Courthouse at Amberley. The purchase-money was not paid. A more convenient site having subsequently been obtained, it is desirable to re-transfer the land to the original owner. |
27. | May, on behalf of Her Majesty, execute a transfer of all that piece of land situated in the Ashley District, containing 1 rood and 20 perches, more or less, being part of Rural Section 4713, and included in Certificate of Title Vol xxvii, folio 232 (the same having been erroneously transferred to the Crown), to Elizabeth Ann Carter of Portsmouth, in England, Spinster. |
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| 28 | On 15 April, 1874, George Willis conveyed to the Superintendent of Canterbury 1 acre, being part of Rural Section 9176, described in Land Register, Canterbury, 66 D, folio 764, upon trust for purposes of a public library. This site is now found to be inconvenient for the purpose for which it was conveyed to the Superintendent, and the Library Committee wish to allow the land to revert to Mr Willis, and to remove the building to a more convenient site which has been secured for a library. |
28. | May, on behalf of Her Majesty, execute a conveyance to George Willis of 1 acre, being part of Rural Section 9176, described in Land Register, Canterbury, 66 D, folio 764, after the building erected thereon has been removed to a more convenient site which has been secured for a public library at Sheffield. |
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| Otago | ||||
| 29. | The 2 parcels of land described in the second column hereto having been purchased by the Provincial Government of Otago, it is desirable to dedicate them to railway and recreation-ground purposes respectively, which cannot now be done owing to the provisions of the Public Reserves Act 1881. |
29. | May, by notice in the Gazette, declare that the following pieces of land may be respectively a railway reserve and a recreation-ground: |
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Proposed Railway Reserve near Maheno All that area containing by admeasurement sixteen (16) acres three (3) roods and thirty-four (34) perches, more or less, being part of Section No 2 of 22, Block VII, Oamaru Survey District, and 2 road-lines. Bounded towards the North-east by the Kakanui River; towards the South-east by the main road; towards the South-west by Island Stream; towards the North-west by a right line, 1391 links; again towards the South-west by a right line, 1883 links; and again towards the North-west by a right line, 75 links; again towards the North-east by a right line, 1883 links; and again towards the North-west by a right line, 1039 links, to the Kakanui River: be all the aforesaid linkages more or less; as the same is delineated on the plan deposited in the Survey Office, Dunedin. |
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Proposed Recreation Reserve near Maheno All that area containing by admeasurement forty-seven (47) acres three (3) roods and nineteen (19) perches, more or less, being part of Section No 2 of 22, Block VII, Oamaru Survey District—a road-line and a shingle-bank; and bounded towards the North by Section No 20 of said Block VII; towards the East by the Kakanui River; generally towards the South-east by the boundary-lines of a railway reserve, 1039 links, 1883 links, 75 links, 1883 links, and 1391 links, to the Island Stream; towards the South-west by that stream; and towards the West by Section No 1 of 22 of said Block VII: be all the aforesaid linkages more or less; as the same is delineated on the plan deposited in the Survey Office, Dunedin. |
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| Westland | ||||
| 31. [Repealed] | ||||
| 32. | A dispute of a serious nature existed between a portion of the Ngaterangi tribe, of Tauranga, and a portion of one of the Thames tribes, for an injury done to the former at a meeting of the Thames tribes to settle with the Government various outstanding land questions. The disputing tribes refused to proceed with any matter before the Ngaterangi were satisfied for the injury done them. After a long discussion it was arranged that 49.5 acres of land belonging to Rawiri te Wakaite and others of the Thames tribes, should be given in payment to Akapita te Tere and others of the Ngaterangi tribe as compensation; and one of the conditions of settlement was that a Crown grant should be made of the land to be given, and this was promised. |
32. | May issue a Crown grant to Akapita te Tere and others of the Ngaterangi tribe of the 49.5 acres of land mentioned in the other column. |
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| Legislation Act 2019 requirements for secondary legislation made under item 24 | ||||
| Publication | PCO must publish it on the legislation website and notify it in the Gazette | LA19 s 69(1)(c) | ||
| Presentation | The Minister must present it to the House of Representatives, unless it relates exclusively to an individual (in which case a transitional exemption applies under Schedule 1 of the Legislation Act 2019) | LA19 s 114, Sch 1 cl 32(1)(a) | ||
| Disallowance | It may be disallowed by the House of Representatives | LA19 ss 115, 116 | ||
| This note is not part of the Act. | ||||
Schedule: amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
Clause 18 was repealed, as from 22 September 1885, by section 14 New Plymouth Exchanges Completion Act 1874 Amendment Act 1885 (1885 No 4(L)).
Clauses 3, 7, 10, 11, 17 to 19, 22, 30 and 31 were repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).
Clauses 2, 4 to 6 and 8 were repealed, as from 24 December 1909, by section 431 Native Land Act 1909 (1909 No 15).
Clause 16 was repealed, as from 12 November 1971, by section 12(1) Auckland Improvement Trust Act 1971 (1971 No 9(L)).
Consolidation notes
1 General
This is a consolidation of the Special Powers And Contracts Act 1883 that incorporates all the amendments to that Act as at the date of the last amendment to it.
2 About this consolidation
This consolidation is not an official version of the legislation under section 78 of the Legislation Act 2019.
3 Amendments incorporated in this consolidation
Secondary Legislation Act 2021 (2021 No 7): section 3