An Act to provide for the Exchange, Sale, Reservation, and other Disposition of certain Reserves, Crown Lands, other Lands, and Endowments, and to confer certain Powers on certain Public Bodies.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title

This Act may be cited as the Reserves and other Lands Disposal and Public Bodies Empowering Act 1914.

2 Authorizing payment to the successors of Tarapipi and party in lieu of Waikaka Reserve

Whereas in or about the year eighteen hundred and seventy-three a promise was made to a Maori named Tarapipi that an area of land would be granted to him and his party: And whereas in fulfilment of such promise an area of land known as the Waikaka Reserve, situated in Block XIII, Waihau Survey District, was set apart for the said Tarapipi and party: And whereas it was subsequently found that the said land was not the property of the Crown, and there is no suitable Crown land in the vicinity available for the purpose of granting to the said Tarapipi and party, or their successors: And whereas it is desirable, in fulfilment of the said promise, that a sum of money should be granted to the said Tarapipi and party, or their successors, in lieu of the said Waikaka Reserve: Be it therefore enacted as follows:—

(1) The Minister of Lands is hereby authorized and directed to pay, without further appropriation than this section, to the persons named in an order of the Maori Land Court dated the eighth day of March, eighteen hundred and ninety-seven, as the owners of the said Waikaka Reserve (or the successors of such of them as are deceased and who have been or may be hereafter determined by the said Court), the sum of six hundred and seventy dollars in the relative shares and interests set out in the said order, as a full settlement of all their claims in respect of the said reserve or of the promise hereinbefore referred to.

(2) Paragraph one of section five of the Native Lands Claims and Boundaries Adjustment and Titles Empowering Act 1894, is hereby repealed.

The words “six hundred and seventy-dollars” were substituted, as from 10 July 1967, for the words “three hundred and thirty-five pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

The word “Maori” was substituted, as from 27 November 1947, for the word “Native” pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).

The words “Maori Land Court” were substituted, as from 27 November 1947, for the words “Native Land Court” pursuant to section 4(2) Maori Purposes Act 1947 (1947 No 59).

3 Cancelling the reservation over Sections Nos 9, 10, and 65, Village of Pakington

The reservation for the purpose of public buildings over Sections Nos 9, 10, and 65, Village of Pakington, in the Auckland Land District, containing an area of seven acres nineteen and a half perches, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1948.

The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31). That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

4 Authorizing the purchase by the Crown of land comprised in Busby's Crown grant

Whereas in connection with the subdivision of Crown land a road is required through the land comprised in Busby's Crown grant, deposited in the office of the Registrar of Deeds at Auckland: And whereas it is desirable that the whole of the land comprised in the said Crown grant should be acquired by the Crown, and that such portion thereof as is not required for the said road be disposed of under the Land Act 1948: Be it therefore enacted as follows:—

(1) The Minister of Lands is hereby empowered to acquire by purchase the land hereinafter described, and the land when so acquired shall be deemed to be Crown land within the meaning of the Land Act 1948.

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

All that area in the Auckland Land District, containing by admeasurement eighty-four acres two roods thirteen perches, more or less, being Crown grant in favour of John Dow Busby, deposited in the office of the Registrar of Deeds at Auckland, Register 1 G E, page 2: bounded towards the north-west by a line bearing 49° 26′, distance 1856.3 links, and bearing 50°, distance 163 links, and the Waitangi River; towards the east by the Waitangi River, the Waipuakakaho and the Muia - Te Wairoa Creeks; and towards the south-west by a line bearing 292° 50′, distance 2251 links: be all the aforesaid bearings and linkages more or less: save and excepting a public road intersecting the above-described area: as shown on Plan 9073, deposited in the office of the District Land Registrar at Auckland.

The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31). That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

5 Authorizing the uplifting of certain kauri-gum reserves in Auckland Land District

Whereas by Commission under the hand of His Excellency the Governor, dated the twentieth day of March, nineteen hundred and fourteen, a Commission was appointed under the Commissions of Inquiry Act 1908, to inspect and classify kauri-gum reserves: And whereas the said Commission in its report dated the third day of July, nineteen hundred and fourteen, printed in parliamentary paper C-12 (1914), recommended that the reservation should be uplifted over certain areas in certain specified kauri-gum reserves: And whereas it is desirable to provide accordingly for the uplifting of such reservation: Be it therefore enacted as follows:—

(1) The Governor may, by Order in Council gazetted, declare that the lands specified in the last column of the schedule of reserves set out in the report of the Commission hereinbefore referred to shall, as from a date to be specified in the said Order in Council, cease to be subject to the Kauri-gum Industry Act 1908, and on and after the date so specified the lands to which the Order in Council relates shall become subject to the provisions of the Land Act 1948.

(2) The lands over which the reservation is authorized to be uplifted as aforesaid are particularly indicated in the several maps attached to and forming part of parliamentary paper C-12 (1914).

The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31). That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

6 Excluding Northern Wharf from City of Auckland

The boundaries of the City of Auckland are hereby altered by the exclusion therefrom of that portion of the Northern Wharf consisting of all that area in the City of Auckland bounded towards the west, north, east, and again towards the north by the Waitemata Harbour, 757.5 links, 183.3 links, 581.8 links, and 239.4 links respectively; and towards the south-east and south by lines 119.7 links, 137.88 links, and 240 links respectively: as the same is delineated and marked “C” on the plan numbered 1, deposited in the Head Office, Department of Lands and Survey, at Wellington.

7 Closing certain road in Borough of Mount Albert, and vesting land in A Young and others

Whereas by an agreement under section eleven of the Land Act 1908, the Mayor, Councillors, and Inhabitants of the Borough of Mount Albert did, on the ninth day of December, nineteen hundred and twelve, consent under seal to the land coloured red on the plan of the Public Works Department No 34951, the property of Anna Young, William John Young, and Joseph Breviet Young, all of Auckland, containing an area of one acre one rood twenty-two and six-tenths perches, being taken as a public road, and to the road coloured green on the said plan, containing two roods twenty-five and six-tenth perches, being closed and transferred to the said Anna Young, William John Young, and Joseph Breviet Young: And whereas the said piece of land coloured red was included erroneously by mistake in a transfer by way of dedication, registered No 75790 (Auckland District Land Registry), dated the second day of October, nineteen hundred and thirteen, and the said piece of land coloured red has thereby become a public road or street contrary to the express intention of the aforesaid agreement: And whereas the High Court of New Zealand has now held that section eleven of the Land Act 1908, does not apply to boroughs: And whereas the said piece of land coloured green on the aforesaid Plan No 34951 consists mostly of a gully and watercourse and is not formed as a road or street and is not suitable therefor: And whereas it is desirable to afford relief to the said Anna Young, William John Young, and Joseph Breviet Young: Be it therefore enacted as follows:—

The said piece of land coloured green on the aforesaid Plan No 34951 (excluding the part thereof dedicated as a public street and known as Livingstone Street), and shown by dotted lines on a plan deposited in the Land Transfer Office at Auckland under No 7700, is hereby closed and stopped, and the same is hereby vested in Anna Young, widow; William John Young, carter; and Joseph Breviet Young, cabinetmaker; all of Auckland, for an estate in fee-simple as tenants in common; and the District Land Registrar at Auckland is hereby authorized and directed to issue forthwith to the said Anna Young, William John Young, and Joseph Breviet Young a certificate of title under the Land Transfer Act 1908, for such estate in the said piece of land.

The words “High Court” were substituted, as from 1 April 1980, for the words the “Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

8 Authorizing the Mount Eden Borough Council to acquire land known as Chatham and Raleigh Streets

Notwithstanding anything in the Municipal Corporations Act 1908, or in any other Act to the contrary, the Mount Eden Borough Council may take under the Public Works Act 1908, or otherwise acquire the respective parcels of land laid out as streets and known as Chatham Street and Raleigh Street, situated within the Borough of Mount Eden, and may lay out the same as streets notwithstanding that such streets may be of less width than that required by law.

The Municipal Corporations Act 1908 (1908 No 124) was repealed, as from 1 April 1921, by section 385(1) Municipal Corporations Act 1920 (1920 No 48). That Act was in turn repealed, as from 20 December 1933, by section 393(1) Municipal Corporations Act 1933 (1933 No 30). That Act was in turn repealed, as from 1 April 1955, by section 413 Municipal Corporations Act 1954 (1954 No 76). That Act was in turn repealed, as from 1 April 1980, by section 9(1) Local Government Amendment Act 1979 (1979 No 59).

The Public Works Act 1908 (1908 No 160) was repealed, as from 6 October 1928, by section 346 Public Works Act 1928 (1928 No 21). That Act was in turn repealed, as from 1 February 1982, by section 248(1) Public Works Act 1981 (1981 No 35).

9 Authorizing the grant of leases of change-paddocks in Auckland Land District for depasturing stock suffering from bush sickness

Whereas it is expedient to grant to tenants of certain Crown lands in the Rotorua County paddocks in which to depasture stock suffering from bush sickness: And whereas under section fifteen of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1906, and section seventeen of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1910, leases of certain areas were granted for that purpose: And whereas it is expedient to make provision for the issue of further leases and for bringing the existing leases under the same tenure: Be it therefore enacted as follows:—
The Auckland Land Board is hereby empowered to grant to tenants occupying Crown lands within the Auckland Land District on which stock become infected with bush sickness leases of change-paddocks subject to the following conditions, and at such rentals as may be determined:—
- (a) Every such lease shall be for a term of twenty-one years.
- (b) The lease shall be held and dealt with solely in conjunction with the lessee's original holding, and shall not be transferred, sublet, or otherwise dealt with apart from such original holding; and shall also be forfeited in the event of the original holding being forfeited.
- (c) The lessee shall upon the expiration or other termination of his lease be entitled to full valuation, to be ascertained and paid in the manner provided by the Land Act 1908, for all substantial improvements of a permanent character effected by him upon the land during the currency of his lease or of any preceding title and to which he has acquired a legal right.
- (d) Every such lease shall, except as hereinbefore specially provided, be subject to the general provisions of the Land Act 1908, and, in particular, to the provisions of sections one hundred and fifty-nine to one hundred and sixty-two of the said Act relating to residence and improvements:
  
  Provided that due fulfilment of the conditions as to residence upon either of the lessee's holdings shall be considered as sufficient compliance with such conditions with respect to both holdings.
- (e) Every holder of a lease heretofore granted under section fifteen of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1906, or under section seventeen of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1910, may, within one year from the commencement of this Act, and with the permission of the Land Board, exchange his lease for a lease under this section at a rental to be fixed by the Board upon revaluation.
- (f) The lessee shall have the right, upon the expiration of the lease, to select the lands on the same tenure as he then holds the original holding if within the six months prior to the date of the expiry of the lease he gives notice to the Commissioner of Crown Lands of his intention so to do. The rental of such lease or license granted in pursuance of this authority shall be based on the unimproved value of the land at the time of the granting of such lease or license:
  
  Provided that, if on the expiry of the lease the original holding is held in fee-simple, the lessee shall have the right upon giving notice as aforesaid to acquire the fee-simple of the land comprised in the lease at the then unimproved value of the said land.
- (g) For the purposes of the two last preceding paragraphs the unimproved value of the land shall be determined by arbitration in the manner provided by section nine of the Land Laws Amendment Act 1912 [Repealed].

10 Changing purpose of reservation over Lot No 16A, Small Lots, Otahuhu

Whereas Lot No 16A of Small Lots near Otahuhu was by warrant in the Gazette of the second day of May, nineteen hundred and one, permanently reserved for a public landing-place: And whereas it is expedient to change the purpose of the said land to recreation purposes, but there is no power to do so: Be it therefore enacted as follows:—

(1) The reservation over Lot No 16A of Small Lots near Otahuhu as a public landing-place is hereby cancelled, and the said land is hereby reserved for recreation purposes, and is declared to be a domain subject to the provisions of Part 2 of the Public Reserves and Domains Act 1908.

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

All that area in the Auckland Land District, containing by admeasurement two roods nine perches, more or less, being Lot No 16A of Small Lots near Otahuhu (Block VI, Otahuhu Survey District): bounded towards the east and south-west by high-water mark of the Tamaki River; towards the south-west by a public road, 214.1 links; and towards the north-west by Lot No 16, Small Lots near Otahuhu, 394.2 links: be all the aforesaid linkages more or less: as the same is delineated on the plan marked L and S 45531, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red (Plan 17765, blue).

11 Cancelling the reservation over Sections Nos 133 to 141, Town of Rawene

Whereas Sections Nos 133, 134, 135, 136, 137, 138, 139, 140, and 141, Town of Rawene, in the Auckland Land District, containing two acres one rood twenty-four perches, more or less, were by warrant published in the Gazette of the twenty-fifth day of April, nineteen hundred and one, permanently reserved as a site for a reservoir: And whereas the said sections have been found unsuitable for the purpose for which they were set apart as aforesaid: Be it therefore enacted as follows:—

The reservation over the said Sections Nos 133, 134, 135, 136, 137, 138, 139, 140, and 141, Town of Rawene, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1908.

The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31). That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

12 Cancelling the reservation over Section No 17, Block IX, Pirongia Survey District

Whereas Section No 17, Block IX, Pirongia Survey District, in the Auckland Land District, containing 150 acres, more or less, was by warrant published in the Gazette of the first day of June, nineteen hundred and five, permanently reserved for travelling stock: And whereas it is desirable that the said reservation should be cancelled and the land made available for disposal under the Land Act 1908: Be it therefore enacted as follows:—

The reservation over the said Section No 17, Block IX, Pirongia Survey District, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1908.

The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31). That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

13 Vesting certain lands situate in the City of Auckland in the Presbyterian Church Property Trustees for general purposes

Whereas by Crown grant registered in the Deeds Registry Office at Auckland as No 90457, that piece of land, being Lots Nos 4, 5, and 6 of Section No 9 of the City of Auckland, was granted unto the constituent members of the Deacons' Court of the Presbyterian Free Church, Auckland, in trust to be used as a site or sites for schools: And whereas by Crown grant registered as aforesaid as No 1152A, Allotment No 1 of the said Section No 9 was granted as a site for the erection of a place of worship for the Presbyterians adhering to the principles of the Free Church of Scotland: And whereas it is desirable and expedient that the said lands should now be held not subject to the special trusts with which they are now affected but for general purposes: Be it therefore enacted as follows:—

(1) Notwithstanding anything in Crown grant No 90457 or in Crown grant No 1152A the lands comprised therein shall, as from the date of the passing of the Presbyterian Church Property Act 1885, be deemed to have been and shall hereafter be vested in the corporation called The Presbyterian Church Property Trustees, incorporated under the Presbyterian Church Property Act 1885, and held by the said corporation upon such trusts and for such purposes as by Schedule 2 to the said Act it is declared that property not affected by any special trusts but vested in the trustees for the general purposes of a Presbyterian congregation shall be held.

(2) Section ninety-seven of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1913, is hereby repealed.

14 Conferring certain powers relating to drainage-works on the One Tree Hill, Eden Terrace, and Epsom Road Boards

[Repealed]

Section 14 was repealed, as from 5 December 1927, by section 43 Local Legislation Act 1927 (1927 No 58).

15 Vesting pilot and signal station at Raglan in the Raglan County Council

[Repealed]

Section 15 was repealed, as from 16 September 1938, by section 5 Reserves and Other Lands Disposal Act 1938 (1938 No 19).

16 Authorizing Birkenhead Borough Council to raise special loan by special order for purpose of completing waterworks, &c

Whereas the Birkenhead Borough Council desires to raise a loan of five thousand seven hundred and eleven dollars and twenty cents without taking the steps described in sections eight to twelve of the Local Bodies Loans Act 1913, for the purpose of paying and discharging liabilities to the said amount incurred by it and for which it is liable in completing certain water-supply works and road-improvements within the Borough of Birkenhead: And whereas doubts have arisen as to the power of the said Council to raise the said loan, and it is desirable that the said Council should be declared to have the said power: And whereas the said Council, without lawful authority, agreed to pay interest on the amount of the liabilities hereinbefore referred to, and it is desired to validate the agreement: Be it therefore enacted as follows:—

(1) For the purpose of paying and discharging the said liabilities the Birkenhead Borough Council is hereby authorized by special order and without taking the steps described in sections eight to twelve of the Local Bodies Loans Act 1913, to raise under the said Act a special loan of five thousand seven hundred and eleven dollars and twenty cents.

(2) The provisions of the Local Bodies Loans Act 1913, shall apply to the loan to be raised under this section and shall be deemed to be incorporated herein.

(3) All moneys heretofore or hereafter paid by the said Council as interest pursuant to the agreement hereinbefore referred to (not exceeding in the aggregate the sum of five hundred and ten dollars) shall be deemed to have been and to be lawfully expended.

The words “five hundred and ten dollars”, “five thousand seven hundred and eleven dollars and twenty cents” were substituted, as from 10 July 1967, for the words “two hundred and fifty-five pounds”, “two thousand eight hundred and fifty-five pounds twelve shillings” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

17 Control of Panmure basin to be vested in Panmure Domain Board

The Governor may, by Order in Council gazetted, vest in the Panmure Domain Board, subject to such terms and conditions as he thinks fit, the control and management of all that area in the Auckland Land District known as the Panmure basin; as the same is shown on the Plan No 1/343, deposited in the Head Office of the Department of Lands and Survey, at Wellington, and thereon coloured red:

Provided that nothing in this section shall be deemed to affect the riparian rights (if any) of the owner of any land abutting on the said Panmure basin.

18 Authorizing the issue of title for Allotment No 96, Town of Cambridge East

Whereas Allotment No 96 of the Town of Cambridge East, in the Land District of Auckland, containing one rood twenty-four perches, more or less, was allocated in or about the year eighteen hundred and seventy-one as a site for an Anglican church: And whereas a church has been erected upon the said allotment, but no title has ever issued: Be it therefore enacted as follows:—

The Governor is hereby authorized and empowered to execute a warrant for the issue of a certificate of title to the said Allotment No 96, Town of Cambridge East, in the Auckland Land District, to the General Trust Board of the Diocese of Auckland.

19 Authorizing disposal of part of closed road situated in Block XI, Takahue Survey District, Auckland Land District

Whereas the land hereinafter described is portion of a road duly stopped pursuant to section one hundred and thirty-three of the Public Works Act 1908, by a Proclamation dated the seventeenth day of February, nineteen hundred and fourteen, and published in the Gazette of the twenty-sixth day of February, nineteen hundred and fourteen: And whereas the said portion intersects certain Crown land held by Henry John Dolling Andrews, of Takahue, farmer, under license to occupy with right of purchase: And whereas it is expedient to include the said portion of the closed road aforesaid in the license hereinbefore referred to as part compensation for land taken from the said Henry John Dolling Andrews for road purposes: Be it therefore enacted as follows:—

(1) The land hereinafter described is hereby deemed to be included in the license hereinbefore referred to, dated the twenty-fifth day of February, nineteen hundred and nine, registered in the Land Registry Office at Auckland, Volume 163, folio 47, and shall be held by the said Henry Dolling Andrews on the same terms and conditions in all respects as if it had been originally included in the said license.

(2) The District Land Registrar for the Land Registration District of Auckland is hereby empowered and directed to endorse on the registered copy of the said license a description of the said land, and a memorandum that the said land is included in the license pursuant to this section.

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

All that area in the Auckland Land District, containing by admeasurement five acres and thirty-six and three-tenths perches, more or less, situated in Section No 30, Block XI, Takahue Survey District, and being the closed road shown on the plan marked PWD 34382, deposited in the office of the Minister of Public Works, at Wellington, and thereon coloured green.

20 Authorizing trustee of Avondale Public Hall to transfer same to Avondale Road Board in trust for public purposes

Whereas by deed dated the twenty-fourth day of July, eighteen hundred and sixty-seven, the land hereinafter referred to was conveyed to trustees as a site for a public hall to be used for library, scientific, educational, religious, and such other public purposes as may be determined by a committee to be appointed in the manner set forth in the said deed: And whereas there is at the present time only one trustee surviving, and the said trustee and the committee aforesaid are desirous that the said land and building should be transferred to the Corporation of the Avondale Road District in trust for public purposes: Be it therefore enacted as follows:—

(1) The trustee for the time being of the land hereinafter described is hereby authorized to transfer the said land to the Corporation of the inhabitants of the Avondale Road District, and the said Corporation is hereby empowered to accept a transfer of the said land, to be held in trust for such public purposes within the road district as the Avondale Road Board thinks fit.

(2) The land to which this section relates is all that piece or parcel of land situated in the Parish of Titirangi, in the County of Eden, in the Auckland Land District, being part of Lots Nos 23 and 40 of a subdivision into lots of Allotment No 64: commencing at a point one hundred and forty feet from the corner of Blake Street—bounded on the north by other part of Lot 33 of the said subdivision, one hundred feet; on the east by other parts of the said Lots Nos 33 and 40, fifty feet; on the south by other part of the said Lot No 40, one hundred feet; and on the west by a road or street, fifty feet: be the said several admeasurements a little more or less.

21 Cancellation of reservation over part of Lot No 410, Whangamarino Parish, Auckland Land District

The Governor may by notice in the Gazette cancel the reservation for State forest purposes over part of Lot No 410, Whangamarino Parish, Auckland Land District, not exceeding an area of five acres and a half, and may by warrant under his hand set apart such area as a site for co-operative saleyards, and vest the control of such site in such incorporated or registered body of persons or such trustees as he may from time to time deem advisable, for such period and on such terms and conditions as he thinks fit.

22 Cancelling the reservation over Section No 279, Waiwera Parish, Auckland Land District

Whereas Section No 279, Parish of Waiwera, in the Auckland Land District, containing by admeasurement one hundred and twenty-six acres, more or less, was by a warrant published in the Gazette of the twenty-first day of April, eighteen hundred and ninety-two, permanently reserved as a resting-place for travelling stock: And whereas the said reserve is no longer required for the purpose for which it was set apart: Be it therefore enacted as follows:—

The reservation over Section No 279, Parish of Waiwera, in the Auckland Land District, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1908.

The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31). That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

23 Authorizing exchange of certain lands between Mangonui County and the trustees of the late John Anton Subritzky

Whereas the Mangonui County Council is desirous of stopping the road described in subsection five of this section and entered into an agreement with one John Anton Subritzky to transfer to him the fee-simple thereof, together with the wharf, wharf-site, and shed thereon, in exchange for the land mentioned in subsection six of this section: And whereas the said John Anton Subritzky died on the ninth day of October, nineteen hundred and twelve, having first duly executed his last will bearing date the first day of July, nineteen hundred and twelve, probate whereof was granted to Herbert Subritzky, of Awanui, master mariner; Charles Isilton Puckey, of Kaitaia, farmer; and Frederick James Hammond, of Auckland, solicitor, on the fourteenth day of December, nineteen hundred and twelve: And whereas doubts have arisen as to the power of the said County Council to stop the said road, having regard to the provisions of section one hundred and thirty of the Public Works Act 1908, and as to its power to vest the same and the said wharf, wharf-site, and shed in the said Herbert Subritzky, Charles Isilton Puckey, and Frederick James Hammond: Be it therefore enacted as follows:—

(1) The Mangonui County Council is hereby empowered to declare by public notice as defined by section two of the Public Works Act 1908, under the hand of the Chairman thereof and without any other formality, that the road described in subsection five of this section is stopped, and such road shall thereafter cease to be a public highway.

(2) The Mangonui County Council is hereby further empowered to exchange the land occupied by the said road, together with the wharf, wharf-site, and shed thereon, for the lands described in subsection six of this section, to be conveyed to the Chairman, Councillors, and Inhabitants of the County of Mangonui in fee-simple in trust for public purposes.

(3) The Chairman of the said County Council shall certify in writing under his hand that the said road has been stopped as by this section authorized, and that the land occupied by such road so stopped has been exchanged as aforesaid, and that the said Herbert Subritzky, Charles Isilton Puckey, and Frederick James Hammond are the exchangees, and such certificate shall be deemed to be a memorandum of transfer of such land to the exchangees within the meaning of the Land Transfer Act 1908, and the District Land Registrar at Auckland shall register the same and issue a certificate of title to the exchangees for the land occupied by the said road.

(4) The provisions of Part 13 of the Land Act 1908, shall not apply to the land so to be vested in the said exchangees.

(5) The land forming the road authorized to be stopped as aforesaid is particularly described as follows: All that piece of land in the Provincial District of Auckland, containing by admeasurement one rood seven perches, more or less, situated in Block X, Rangaunu Survey District, in the Kaitaia Highway District, and being the whole of the lands taken for the purposes of a road by Proclamation registered in the District Lands Registry Office at Auckland under No 776, and delineated on the plans thereto attached and therein referred to.

(6) The said Herbert Subritzky, Charles Isilton Puckey, and Frederick James Hammond are hereby authorized to convey to the Chairman, Councillors, and Inhabitants of the County of Mangonui in trust for public purposes all that piece or parcel of land, containing one rood fourteen perches, more or less, situated in Block X, Rangaunu Survey District, in the County of Mangonui, and being portion of the land originally granted to Dr S H Ford: bounded on the north-east by the Awanui River, 200 links; thence on the south-east by a line bearing 360°, 192 links; towards the south-west by a line bearing 295°, 176 links; thence by the main road leading to the North Cape along a line bearing 341° 40′, 65 links; thence by the said road along a line bearing 360°, 143 links, to the commencing-point.

(7) Section nine of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1910, is hereby repealed.

24 Authorizing issue of title over Allotment W 59, Parish of Waitakerei, Auckland, to Dilworth Trust Board

Whereas the late James Dilworth, of Auckland, settler, became entitled by purchase to Allotment W 59, Parish of Waitakerei, in the Auckland Land District, containing by admeasurement one hundred and eighty acres, more or less: And whereas no Crown grant or other title for the said land was issued to the said James Dilworth: And whereas it is expedient to authorize the issue of a title to the executors of the said James Dilworth for the said land: Be it therefore enacted as follows:—

The Governor is hereby authorized and empowered to execute a warrant for the issue of a certificate of title for the said land in favour of the Dilworth Trust Board, as trustees of the estate of the late James Dilworth aforesaid.

25 Authorizing Dilworth Trustees to make annual payment to the Auckland Kindergarten Association

(1) The Dilworth Trust Board (being the trustees of the will of the late James Dilworth, of Auckland, settler, deceased) are hereby authorized and empowered to pay annually to the Auckland Kindergarten Association, or such other persons or body having objects altogether or in part similar to those of the said association as the said Trust Board shall from time to time select for that purpose, a sum not exceeding two hundred dollars, which is to be expended by such association or other selected persons or body in furtherance of the objects for which the said association or selected persons or body was or were established.

(2) Any sum paid by the said Trust Board hereunder may be paid by half-yearly instalments, and may be discontinued at any time if the objects or management of the said association or selected persons or body cease to meet with the cordial approval of the said Trust Board, but with power from time to time to again continue the said payments either to the same or some other similar association or selected persons or body.

The words “two hundred dollars” were substituted, as from 10 July 1967, for the words “one hundred pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

26 Authorizing Council of the University of Auckland to sell certain endowments to lessees

Section one hundred and twenty-six of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1913, is hereby amended by adding the following subsections:—
- “(3) The Council of the University of Auckland is hereby authorized, with the consent of the Governor in Council and on such terms and conditions as the Governor in Council may approve, to sell to the lessees of the lands hereinbefore referred to the lands respectively comprised in their leases.
- “(4) All moneys received by the said Council in respect of the sale of the said lands, after deducting any necessary costs or charges, shall be expended by the said Council in the purchase of other land or invested on first mortgage on freehold property or in New Zealand Government or municipal debentures or stock, such other land or investments to be held in trust for the purposes of the Auckland University College Endowment.”
Section 26 was amended, as from 12 October 1915, by section 26 Reserves and Other Lands Disposal and Public Bodies Empowering Act 1915 (1915 No 68) by inserting the words “or invested on first mortgage on freehold property or in New Zealand Government or municipal debentures or stock, such other land or investments”.

The words “Council of the University of Auckland” were substituted, as from 16 October 1957, for the words “Auckland University College Council” pursuant to section 5(2) University of Auckland Amendment Act 1957 (1957 No 25).

27 Authorizing Public Trustee, as trustee of estate of Robert Latimer, deceased, to make certain payments not authorized by will of deceased

Whereas the Public Trustee is the executor and trustee of the will of Robert Latimer, who died at Pukekohe on the fourteenth day of June, nineteen hundred and thirteen: And whereas by the said will the residue of the estate of the said Robert Latimer is held in trust to pay five-tenths of the net annual income to the Orphan Home, Parnell; three-tenths of the net annual income to the Franklin Agricultural and Pastoral Society of Pukekohe, or, if that society ceases to exist, then to the Auckland Agricultural and Pastoral Society; and two-tenths of the net annual income to the Jubilee Institution for the Blind at Parnell: And whereas the testator is survived by his sister Mrs Anne J Lang and her daughter, who are living in Cootehill, County Cavan, Ireland, and are in necessitous circumstances: And whereas Mrs Lang has made application to the Public Trustee for assistance from the estate, and the Public Trustee, after making independent inquiries, has laid the circumstances before the three above-mentioned institutions, and after making independent inquiries they have agreed that the Public Trustee, if so empowered by Parliament, may deduct from their benefits under the will the interest on $800, and pay that interest to Mrs Lang during her lifetime, and after her decease to her daughter (if surviving) during her lifetime: Be it therefore enacted that the Public Trustee is empowered to make the aforesaid payments.

The figure “$800” were substituted, as from 10 July 1967, for the figure “£400” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

28 Authorizing constitution of special-rating area for establishment of fund for extension, improvement, and equipment of Wellington Industrial Development Company's tramway to Taupo Township

[Repealed]

The word “Maori” was substituted, as from 27 November 1947, for the word “Native” pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).

The words “ten cents” and “twelve dollars” were substituted, as from 10 July 1967, for the words “one shilling” and “six pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

Section 28 was repealed, as from 1 July 2003, by section 138(1) Local Government (Rating) Act 2002 (2002 No 6). See section 138(2) of that Act for the savings provision that provides that the changes apply for the purpose of rating in a financial year that begins on or after 1 July 2003.

29 Authorizing Governor to declare certain unclaimed lands in Tauranga district to be Crown lands

(1) The Governor may, by Proclamation, declare that the lands, or any portion of the lands, to which this section relates shall, as from a date to be specified in the said Proclamation, be deemed to be Crown lands available for disposal under the Land Act 1908, and every such Proclamation shall have effect according to its tenor:

Provided that the Land Board may, in disposing of any lands acquired by the Crown under this section, give preference to any persons who may be in actual occupation of any of the said lands on the issue of the Proclamation.

(2) If at any time after the issue of a Proclamation under this section the original owner or his successor in title, or any other person having any estate or interest in any land to which the Proclamation relates, adduces satisfactory evidence of his title to or interest in that land, compensation shall be payable in respect of such title or interest as at the date of the Proclamation in the same manner in all respects as if the land had been taken by the Governor for the purposes of a public work under the Public Works Act 1908:

Provided that for the purposes of this section the period of five years mentioned in section thirty-seven of the last-mentioned Act (relating to the limitation of the period in which claims for compensation may be made) shall be deemed to be a period of ten years.

(3) Before exercising the powers conferred on him by this section the Governor shall cause not less than three months' notice of his intention so to do to be given by advertisement published in the Gazette, and in such newspaper or newspapers as he thinks fit.

(4) This section relates to all land in respect of which Crown grants have heretofore been issued, but of which the original grantees or their successors in title have no known agent in New Zealand, or are not known or cannot be found, and which are situated within Te Mania Parish, Katikati Parish, Te Papa Parish, Apata Parish, Te Puna Parish, the Town of Tauranga, and Greerton Township, in the Auckland Land District.

30 Closing a road in Block IV, Kapara Survey District, and declaring same to be Crown land

Whereas the road hereinafter described is no longer required, and it is desirable that the same should be closed and the area dealt with as Crown land under the Land Act 1908: And whereas there is no power to close the said road owing to the restrictions imposed by section one hundred and thirty of the Public Works Act 1908: Be it therefore enacted as follows:—

(1) The road hereinafter described is hereby closed, and the area occupied by the same is hereby declared to be Crown land available for disposal under the Land Act 1908.

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

All that area in the Taranaki Land District, containing by admeasurement six acres two roods, more or less, lying between the Mangatukituki Stream and the Puraroto Road, adjacent to Sections Nos 1 and 4, Block IV, Kapara Survey District:

Also all that area, containing by admeasurement nineteen acres two roods, more or less, lying along the Mangatukituki Stream adjacent to Section No 3, Block IV, Kapara Survey District:

Also all that area containing by admeasurement one rood, more or less, lying between the Mangatukituki Stream and the Puraroto Road adjacent to Section No 3, Block IV, Kapara Survey District:

As the above-described areas are delineated on the Plan No 4667, deposited in the District Survey Office at New Plymouth, and thereon coloured green.

31 Vesting part of Section No 1, Block I, Tainui Survey District, in Mokau Harbour Board

Whereas Section No 1, Block I, Tainui Survey District, in the Taranaki Land District, containing one acre and seven perches, was by an Order in Council dated the twelfth day of December, eighteen hundred and ninety-six, and published in the Gazette of the seventh day of January, eighteen hundred and ninety-seven, taken under section eighty-eight of the Public Works Act 1894, for the purposes of a pilot and signal station: And whereas it is desirable that a portion of the said land should be vested in the Mokau Harbour Board for the purposes aforesaid: Be it therefore enacted as follows:—

(1) The portion of the above-mentioned section hereinafter described is hereby vested in the Mokau Harbour Board in trust for the purposes of a pilot and signal station.

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

All that parcel of land in the Taranaki Land District, containing by admeasurement three roods seven and six-tenths perches, more or less, being Section No 1, Block I, Tainui Survey District: bounded towards the north-east by the Mokau River, 250 links; towards the south-east by Mokau Road, 345.1 links; towards the south-west by a road, 246.3 links; and towards the north-west by Maori land, 355 links: be all the aforesaid linkages more or less: as the same is delineated on the plan marked L and S 13/1609, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

The word “Maori” was substituted, as from 27 November 1947, for the word “Native” pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).

32 Validating procedure for raising special loan by Patea Harbour Board

Whereas by section eight of the Patea Harbour Act 1913, it is provided that, subject to the provisions of that Act, any moneys borrowed under that Act may be raised and secured in manner prescribed in Part 1 of the Local Bodies Loans Act 1908, and its amendments: And whereas by section forty of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1913, it is provided, inter alia, that the poll of the ratepayers on the proposal to borrow money under the authority of the Patea Harbour Act 1913, should be taken over the whole of the Patea Harbour District in the manner prescribed by the Local Bodies Loans Act 1908: And whereas a poll of the ratepayers of the Patea Harbour District to borrow moneys under the Patea Harbour Act 1913, was taken on the eleventh day of February, nineteen hundred and fourteen, and the Chairman of the Patea Harbour Board, acting under the Local Bodies Loans Act 1913, has duly caused the result of the said poll to be gazetted, and the Returning officer at such poll, acting under the Local Bodies Loans Act 1908, has declared that such proposal to borrow moneys as aforesaid was carried: And whereas doubts have arisen as to the method in which such poll should have been taken, and whether the same was taken in every particular in accordance with law: And whereas it is expedient that such poll should be validated, and that it should be declared that the said Board is fully authorized to borrow the said moneys: Be it therefore enacted as follows:—

(1) The poll of the ratepayers of the Patea Harbour District on the proposal to borrow one hundred and seventy-two thousand dollars under the authority of the Patea Harbour Act 1913, taken on the eleventh day of February, nineteen hundred and fourteen, shall be deemed and is hereby declared to have been duly taken and held in all respects in accordance with the requirements of the Patea Harbour Act 1913, and of section forty of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1913, and all Acts incorporated therein.

(2) The consent of the ratepayers of the Patea Harbour District and of the whole of such district shall be deemed to have been duly given to the proposal to borrow the said sum of one hundred and seventy-two thousand dollars.

(3) The Patea Harbour Board is hereby declared to be fully authorized and empowered to borrow the said sum of one hundred and seventy-two thousand dollars, and to expend the same or such part thereof as may be necessary in the construction of any of the works authorized by section seven of the Patea Harbour Act 1913, as if all acts and proceedings had been duly done to authorize such expenditure.

The words “one hundred and seventy-two thousand dollars” were substituted, as from 10 July 1967, for the words “eighty-six thousand pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

33 Authorizing surrender of certain leases and issue of new leases over portion of Taranaki Scholarships Endowment Reserve

Leases of any part of the Taranaki Scholarships Endowment Reserve, situated in Carlyle and Opaku Survey Districts, in the Taranaki Land District, granted prior to the twenty-first day of November, nineteen hundred and ten (being the date of the passing of the Taranaki Scholarships Endowment Act 1910 [Repealed]), may be surrendered as provided in section twelve of the Public Bodies' Leases Act 1908, and the Taranaki Land Board may grant to the lessees new leases under the provisions of the last-mentioned Act for the residue of the term of the surrendered leases at the same rentals as were payable in respect of the surrendered leases.

34 Validating procedure in connection with special loans for $13,200 raised by Napier Borough Council for salt-water baths

Whereas on the twenty-ninth day of January, nineteen hundred and eight, the Napier Borough Council caused a poll of the ratepayers of the Borough of Napier to be taken under the provisions of the Local Bodies' Loans Act 1901, and its amendments, on a proposal by the said Council to raise a special loan of twelve thousand dollars for the purpose of the erection and proper equipment of public salt-water swimming-baths on the Marine Parade at Napier, and the said proposal was carried, and notice of the result of the poll was published in the New Zealand Gazette for the year nineteen hundred and eight, at page 456: And whereas in the month of September, nineteen hundred and eight, a contract for the erection of the said baths was entered into by the said Council, and the work thereunder was duly proceeded with and completed: And whereas when the said work was nearing completion it was found that the sum of twelve thousand dollars so authorized to be raised as aforesaid was insufficient to complete the undertaking, and accordingly the said Council did on the third day of November, nineteen hundred and nine, in pursuance of the authority conferred upon it by section twenty-three of the Local Bodies' Loans Amendment Act 1908, resolve to borrow the further sum of one thousand two hundred dollars, being one-tenth of the amount of the loan originally authorized by the said ratepayers: And whereas at the date last mentioned no part of the said loan had been actually raised by the said Council, but the said Council had been paying, and continued to pay, for the erection of the said baths out of the General Account of the said borough until the whole of the said sums of thirteen thousand two hundred dollars had been paid thereout: And whereas on the sixteenth day of December, nineteen hundred and nine, the said Council raised and borrowed the sum of thirteen thousand two hundred dollars in one sum as the amount of the said loan and supplementary loan, and issued one series of debentures for the said sum of thirteen thousand two hundred dollars, the said debentures being taken up and the said sum of thirteen thousand two hundred dollars being advanced by Sinking Fund Commissioners theretofore appointed by the said Council in respect of another special loan for other purposes which had theretofore been raised by the said Council: And whereas the special rate mentioned and referred to in the said debentures as the security for the said special loan has never been made and levied: And whereas the said Commissioners at the request of the Council recently entered into negotiations for the sale and disposal of the said debentures at their face value, but doubts having arisen as to the sufficiency or regularity of the proceedings of the said Council in the raising of the said loan, the said negotiations were suspended until the said doubts should be resolved and removed: And whereas in the meanwhile the Town Clerk of the Borough of Napier has paid to the said Sinking Fund Commissioners the sum of thirteen thousand two hundred dollars out of the General Account of the said borough, and received from the said Commissioners the said debentures held by them, intending to hold the said debentures until they could be sold and disposed of as aforesaid: And whereas doubts have arisen as to whether the said debentures have not by reason of the said payment to the said Commissioners been discharged: And whereas it is expedient that all irregularities in connection with the raising of the said loan of thirteen thousand two hundred dollars should be validated, and that the said Council should be empowered as hereinafter appearing: Be it therefore enacted as follows:—

(1) The said special loan of twelve thousand dollars and supplementary loan of one thousand two hundred dollars raised by the said Council in one sum of thirteen thousand two hundred dollars, and the debentures issued by the said Council in respect thereof, are hereby declared and shall be deemed to be respectively valid, undischarged, and in full force and effect.

(2) It shall be lawful for the said Council, by resolution gazetted, to make and levy a special rate as security for the said loan of thirteen thousand two hundred dollars upon the rateable value (on the basis of the unimproved value) of all rateable property of the Borough of Napier, the amount of the said rate to be an amount not exceeding the equivalent of a rate of five-twelfths of a cent on the dollar on the rateable value (on the basis of the annual value) of all the said rateable property.

(3) It shall be lawful for the said Council at any time and from time to time hereafter to sell and dispose of the said debentures, or any of them, for an amount being not less than the face value thereof respectively, and to pay all moneys arising from the sale of any of the said debentures into the General Account of the Borough of Napier.

The words “thirteen thousand two hundred dollars”, “twelve thousand dollars”, “one thousand two hundred dollars”, and “five-twelfths of a cent in the dollar” were substituted, as from 10 July 1967, for the words “six thousand six hundred pounds”, “six thousand pounds”, “six hundred pounds” and “one penny in the pound” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

35 Repeal

The proviso to subsection one of section fifty of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1913, is hereby repealed.

36 Authorizing the exchange of part of Kimbolton Post-office site for other land

Whereas the present Kimbolton Post-office site, consisting of Sections Nos 16 and 17 on a plan of subdivision of part of Section No 1, Block XIV, Apiti Survey District, deposited in the Lands Registry Office at Wellington as No 650, is not a suitable site for the erection of a post-office thereon, and the owner of the adjoining section, No 18 on said deposited plan No 650, has agreed to convey or transfer to His Majesty for the purpose of enlarging the said post-office site the said Section No 18, and pay the sum of fifteen dollars in consideration for the transfer to him of Section No 16, Town of Kimbolton: Be it therefore enacted as follows:—

On the transfer or conveyance to His Majesty of the said Section No 18 freed from all incumbrances whatsoever, and the payment of the said sum of fifteen dollars to the credit of the Public Account, the Governor shall, by warrant under his hand, authorize the issue of a certificate of title to the said Section No 16, Town of Kimbolton, in favour of the transferror of the land transferred to His Majesty under this section.

The words “fifteen dollars” were substituted, as from 10 July 1967, for the words “seven pounds ten shillings” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

37 Cancelling the reservation over Section No 5, Block IV, Makotuku Survey District, for scenic purposes, and validating reservation for recreation purposes

Whereas Section No 4, Block IV, Makotuku Survey District, in the Wellington Land District, containing twelve hundred and fifty acres, more or less, was by Proclamation published in the Gazette of the thirteenth day of July, nineteen hundred and eleven, permanently reserved as a scenic reserve: And whereas such area included an area of eight acres two roods, now known as Section No 5, Block IV, Makotuku Survey District, which should not have been included therein, as the said area was required for recreation purposes: Be it therefore enacted as follows:—

The reservation as a scenic reserve over that portion of Section No 4, Block IV, Makotuku Survey District, now known as Section No 5, Block IV, Makotuku Survey District, and containing eight acres two roods, is hereby cancelled, and the reservation of such area by warrant in the Gazette of the fifteenth day of May, nineteen hundred and thirteen, as a public recreation-ground and all subsequent dealings in respect thereof are hereby validated.

38 Cancelling the reservation over Section No 65, Block XIV, Ohinewairua Survey District

Whereas Section No 65, Block XIV, Ohinewairua Survey District, in the Wellington Land District, containing by admeasurement nine acres two roods, more or less, was permanently reserved as a public recreation-ground by warrant published in the Gazette of the thirteenth day of September, nineteen hundred, and was brought under the Public Domains Act 1881, by Order in Council in the Gazette of the seventeenth day of May, nineteen hundred and six: And whereas the said land is no longer required for recreation purposes or as a domain: Be it therefore enacted as follows:—

The reservation as a public recreation-ground and the subsequent setting-apart as a domain over the said Section No 65, Block XIV, Ohinewairua Survey District, are hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1948.

The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31). That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

39 Cancellation of surrender of right to a lease over Section No 1, Block IV, Wainui-oru Survey District, Poroporo Settlement

Whereas the Land Board of the Wellington Land District, by resolution on the twenty-sixth day of March, nineteen hundred and fourteen, accepted the surrender by Charles Gibson of his right to receive a renewable lease over Section No 1, Block IV, Wainui-oru Survey District, Poroporo Settlement, in the Wellington Land District: And whereas notice of such surrender was duly published in the Gazette of the ninth day of April, nineteen hundred and fourteen: And whereas it is deemed desirable to cancel the said surrender: Be it therefore enacted as follows:—

The Land Board of the Wellington Land District is hereby authorized to issue to Charles Gibson aforesaid a renewable lease over Section No 1, Block IV, Wainui-oru Survey District, Poroporo Settlement, in the same manner as if the said Charles Gibson had not surrendered his right to receive a lease as hereinbefore recited.

40 Authorizing issue of license over Section No 24, Block IV, Mangahao Survey District

Whereas the Land Board of the Wellington Land District, by resolution on the thirteenth day of April, nineteen hundred and fourteen, forfeited the deposit of Thompson Thomas Fawekner in respect of an occupation-with-right-of-purchase license over Section No 24, Block IV, Mangahao Survey District, in the said land district, for failure to execute such license in accordance with the provisions of section eighty-three of the Land Act 1908: And whereas it is deemed expedient to cancel the said forfeiture: Be it therefore enacted as follows:—

The said resolution is hereby cancelled, and the Commissioner of Crown Lands for the Wellington Land District is hereby empowered to issue such license in the same manner as if such forfeiture had not taken place.

41 Authorizing exchange of certain land between the Crown and Wellington City Corporation

(1) The lands described in paragraphs (a), (c), and (d) of subsection four hereof are hereby vested in the Corporation of the City of Wellington for the purpose of widening the streets on which they respectively abut, and the land described in paragraph (b) of the said subsection is hereby vested in the said Corporation for the purpose of extending Stout Street.

(2) That part of Whitmore Street described in subsection five hereof is hereby closed, and vested in His Majesty the King, subject to the right of the public to pass between eight o'clock in the morning and six o'clock in the evening on foot over a footway twelve feet wide (to be constructed and maintained by His said Majesty) on the southern side of the said closed street, extending from Lambton Quay to Stout Street.

(3) The cost of extending Stout Street through the land described in paragraph (b) of subsection four hereof, and of constructing such extension, and of widening Bunny Street between Featherston Street and Waterloo Quay, and of constructing the whole of Bunny Street as so widened between those streets for the purpose of providing access to the proposed railway-station (not exceeding in the whole the sum of thirteen thousand three hundred and forty-six dollars), shall be paid out of moneys to be appropriated by Parliament for the purpose; and a further sum, not less than the sum appropriated by Parliament as aforesaid, shall be paid towards the cost of the said works by the Wellington City Council. Such construction-work shall be carried out by the said Corporation to the satisfaction of the Engineer-in-Chief of the Public Works Department.
(4) The lands mentioned in subsection one hereof are particularly described as follows:—
- (a) All that piece or parcel of land marked “A” on a plan deposited in the Public Works Office at Wellington as PWD No 36171, and thereon coloured red, containing by admeasurement one rood thirteen and two-tenths perches, more or less, being part of Railway Reserve, Thorndon Reclamation: bounded towards the north-west, 208.31 links, by Featherston Street; towards the north-east, 497.25 links, by Bunny Street; towards the south-east, 107.17 links, by Waterloo Quay; and generally towards the south-west, 539.78 links, by other part of the said Railway Reserve.
- (b) All that piece or parcel of land marked “C” on the plan aforesaid, and thereon coloured red, containing by admeasurement one rood thirty-six and four-tenths perches, more or less, being part of Government Buildings Reserve, Thorndon Reclamation: bounded towards the south-east by Featherston Street; towards the south and south-east by the land described in subsection five hereof; towards the south-west by Whitmore Street; and towards the north-west by other part of the said Government Buildings Reserve.
- (c) All that piece or parcel of land marked “D” on the plan aforesaid, and thereon coloured red, containing by admeasurement one decimal seventy-six perches, more or less, being part of Government Buildings Reserve, Thorndon Reclamation: bounded towards the north-east by Bunny Street; towards the south-east by Featherston Street; and generally towards the west and south-west by other parts of the said Government Buildings Reserve.
- (d) All that piece or parcel of land marked “E” on the plan aforesaid, and thereon coloured red, containing by admeasurement one and four-tenths perches, more or less, being part of Government Buildings Reserve, Thorndon Reclamation: bounded towards the north by Lambton Quay, 45.45 links; towards the north-east by Bunny street, 45.45 links; and on the south by other part of the said Government Buildings Reserve.
(5) The land mentioned in subsection two hereof is more particularly described as follows:—

All that piece or parcel of land marked “G” on plan deposited in the Public Works Office at Wellington as PWD No 36171, and thereon coloured green, containing by admeasurement two roods thirteen perches, more or less, being part of Whitmore Street lying between Lambton Quay and the north-west of Stout Street produced: bounded towards the south-west by the High Court and Police-station Reserve; towards the north-west by Lambton Quay; towards the north-east by the Government Buildings Reserve; and towards the south-east by other part of Whitmore Street.

The words “thireteen thousand three hundred and forty-six dollars” were substituted, as from 10 July 1967, for the words “six thousand six hundred and seventy-three pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

The words “High Court” were substituted, as from 1 April 1980, for the words the “Supreme Court” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

42 Road-diversion at Day's Bay

(1) The portions coloured green of the old track shown on the plan deposited in the Public Works Office at Wellington as No 36510 are hereby closed, and an estate in fee-simple in the said portions is hereby declared to have vested in the Wellington Steam Ferry Company (Limited) on and after the third day of April, nineteen hundred, by virtue of deed of conveyance from James Herbert Williams to the said company of that date, registered No 78464.

(2) The lands coloured red on the plan deposited in the Public Works Office at Wellington as No 36510, containing three acres one rood two and seven-tenths perches, being the existing highway and wharf-approach, are hereby declared to be roads within the meaning of section one hundred and one of the Public Works Act 1908, and all the provisions of that Act shall accordingly apply to the said lands as roads.

(3) The beach at Day's Bay, being the land bounded on the north by the production to the sea of the southern boundary-line of Ferry Road, on the east by the existing road mentioned in subsection two hereof, on the south by the southern boundary of Section No 33, Harbour District, and on the west by mean high-water mark, but excluding therefrom the wharf-approach mentioned in subsection two hereof, is hereby vested in the Mayor, Councillors, and Citizens of the City of Wellington as a pleasure-ground, and shall be deemed to be a pleasure-ground provided pursuant to the provisions of section two hundred and ninety-nine of the Municipal Corporations Act 1908.

(4) Upon production by the Mayor, Councillors, and Citizens of the City of Wellington to the District Land Registrar at Wellington of a plan approved by the Chief Surveyor of the land described in the last-preceding subsection the said District Land Registrar may, without further authority than this Act, issue a title to such land subject to the provisions of the said subsection.

(5) The Chairman, Councillors, and Inhabitants of the Hutt County shall at all times hereafter have the right to take all gravel required for the maintenance, repair, or reconstruction of county roads situate in Section No 33, Harbour District, commonly known as Day's Bay, from the land hereby vested in the Mayor, Councillors, and Citizens of the City of Wellington as a pleasure-ground:

Provided that in removing gravel the said Chairman, Councillors, and Inhabitants of the Hutt County shall not reduce the level of any part of the said land below the level of high-water mark.

43 Releasing certain land held by Manawatu and West Coast Agricultural and Pastoral Association from trust for site for showground

Whereas the Manawatu and West Coast Agricultural and Pastoral Association (hereinafter called the association) is registered as the proprietor in fee-simple in the land hereinafter described in trust for a site for an agricultural and pastoral showground: And whereas the association has purchased or acquired other adjoining lands, and it is expedient that the said land hereinafter described should be held on the same conditions as such adjoining lands: Be it therefore enacted as follows:—

(1) All that piece of land, containing nine acres two roods, more or less, being Suburban Sections Nos 307 and 308 on the plan of the Township of Palmerston North, and all the land included in Crown grant, registered Volume 1, folio 116, in the District Land Registry at the City of Wellington, is hereby freed, discharged, and released from the said trust and all other trusts (if any) affecting the same, and is hereby vested in the association, and shall hereafter be deemed to be freehold land purchased or acquired by the association under section eight of the Agricultural and Pastoral Societies Act 1908; and the association shall have and may exercise with respect to the said land all the powers conferred by the said Act and the amendment thereto on societies with respect to land purchased or acquired by societies.

(2) The District Land Registrar for the Land Registration District of Wellington shall, on the application of the association, endorse upon the said Crown grant a memorial of this enactment, or amend the said Crown grant accordingly.

44 Special provisions as to roading of Lockwood Estate

Whereas certain settlers in the Kairanga district, near Palmerston North (hereinafter called the purchasers), entered into an agreement to purchase for the purpose of subdivision among themselves an area of land in the Kairanga district known as the Lockwood Block, containing about three thousand acres, and being Sections Nos 2, 3, and 4, Aorangi No 2 Block, and comprised in certificates of title, Volume 36, folio 201; Volume 36, folio 202; and Volume 37, folio 199, Wellington Registry; and the said settlers entered into possession of the land, and have divided and farmed it among themselves: And whereas one of the terms of the agreement to purchase is that the vendors shall not be called upon to construct the roads which the purchasers might require for the purposes of the subdivision of the land, and that the cost of the construction of such roads shall be borne by the purchasers themselves, but that the vendors would consent to the land being made a special-rating district to enable a loan to be raised to provide funds for forming and metalling such roads: And whereas an agreement was entered into between the purchasers and the Kairanga County Council whereby the Council undertook to create the land a special-rating district, and to raise a loan thereon, and to construct the said roads; but such arrangement cannot be given effect to because the roads have not been dedicated as such and vested in the Crown: And whereas it is impossible in terms of section one hundred and sixteen of the Public Works Act 1908, for any such dedication to become operative until the District Land Registrar is satisfied that the roads have been constructed to the satisfaction of the local authority: And whereas it is desirable that steps be taken to permit of the dedication and construction of the roads and the subdivision of the land: Be it therefore enacted as follows:—

Notwithstanding anything to the contrary in any other Act, the Kairanga County Council may, on application in writing by the vendor and purchasers, declare the said land to be a special-rating district, and may raise a loan thereon under the provisions of the Local Bodies Loans Act 1913, sufficient in the opinion of the Council to survey, construct, and metal all the roads required for the purposes of the subdivision of the said land; and upon the said roads being constructed they shall be deemed to be dedicated to and shall vest in His Majesty as public roads, and the control thereof shall thereupon vest in the Kairanga County Council.

45 Authorizing raising of special loan by Manawatu County Council for purpose of acquiring and forming certain road

Whereas certain settlers in the Manawatu County are desirous of dedicating certain land in the said county as a public road: And whereas the Manawatu County Council is unable to raise a special loan for the purposes of the said road until the same is formed and dedicated as a public road: And whereas it is desired to empower the said Council to constitute a special-rating area and to raise a special loan for the purpose of acquiring, constructing, and metalling the said road: Be it therefore enacted as follows:—

(1) Notwithstanding anything to the contrary in any other Act, the Manawatu County Council is hereby authorized, with the consent in writing of the owners of the lands hereinafter referred to, to declare the said lands to be a special-rating district, and may thereupon raise, on the security of a rate to be made and levied on the lands comprised in the said special-rating district, a special loan under the Local Bodies Loans Act 1913, not exceeding one thousand one hundred dollars, for the purpose of acquiring, forming, and metalling a road to afford access to the lands within the said special-rating district.

(2) The lands to be comprised within the said special-rating district are the lands comprised in Sections Nos 8, 9, 10, 11, and 17 of the Listohan Estate, in the Manawatu County; as the same is delineated on the plan marked L and S 22/804, deposited in the Head Office, Department of Lands and Survey, at Wellington; together with such other lands as may, with the consent in writing of the owners thereof, be included therein by the Manawatu County Council.

(3) Forthwith upon the completion of the construction of the said road it shall be deemed to be dedicated as a public road, and the provisions of section one hundred and sixteen of the Public Works Act 1908, shall apply accordingly.

The words “one thousand one hundred dollars” were substituted, as from 10 July 1967, for the words “five hundred and fifty pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

46 Authorizing the acquisition of the fee-simple of lands in Manunui Village Settlement

(1) The owner of any renewable lease heretofore granted in respect of Crown lands within the Manunui Village Settlement as defined by Proclamations dated respectively the tenth day of September, nineteen hundred and five, and the twentieth day of February, nineteen hundred and eleven, and published in the Gazette of the fourteenth day of September, nineteen hundred and five, and the twenty-third day of February, nineteen hundred and eleven, may, at any time during the currency of his lease, acquire the fee-simple of the land comprised therein in the same manner in all respects and upon the same terms and subject to the same conditions as if the said land were settlement land held under renewable lease.

(2) All the provisions of Part 4 of the Land Laws Amendment Act 1912 [Repealed], as amended by the Land Laws Amendment Act 1913 [Repealed], relating to the acquisition of the fee-simple of settlement land held under renewable lease shall, mutatis mutandis, apply to the acquisition of the fee-simple pursuant to this section.

47 Authorizing exchange between Manunui Town Board and Crown of Sections Nos 136 and 144, Town of Manunui

Whereas Section No 144, Town of Manunui, containing one acre one rood thirty-six and one-tenth perches, more or less, was by Order in Council published in the Gazette of the nineteenth day of September, nineteen hundred and twelve, vested in the Manunui Town Board in trust as an endowment or for the use of the said Town Board: And whereas it is desired to exchange the said land for Section No 136, Town of Manunui, and to add the first-mentioned section to the Manunui Domain: Be it therefore enacted as follows:—

(1) The Manunui Town Board is hereby authorized to transfer Section No 144, Town of Manunui, to His Majesty the King, and thereupon the said land shall be set apart for recreation purposes, and shall form part of the Manunui Domain.

(2) Upon the completion of such transfer the Governor shall, by warrant under his hand, authorize the issue of a certificate of title for the said Section No 136 of the Town of Manunui in favour of the Manunui Town Board in trust as an endowment or for the use of the said Town Board.

48 Authorizing the acquisition of fee-simple of lands in Rangataua Village

(1) The owner of any renewable lease heretofore granted in respect of Crown lands within the Rangataua Village Settlement as defined by Proclamation dated the eighteenth day of September, nineteen hundred and eight, and published in the Gazette of the twenty-fourth day of September, nineteen hundred and eight, or the owner of any renewable lease heretofore granted in respect of Crown lands within the Rangataua Township as defined by warrant dated the twenty-sixth day of September, nineteen hundred and eight, and published in the Gazette of the twenty-second day of October, nineteen hundred and eight, may, at any time during the currency of his lease, acquire the fee-simple of the land comprised therein in the same manner in all respects and upon the same terms and subject to the same conditions as if the said land were settlement land held under renewable lease.

(2) All the provisions of Part 4 of the Land Laws Amendment Act 1912 [Repealed], as amended by the Land Laws Amendment Act 1913 [Repealed], relating to the acquisition of the fee-simple of settlement lands held under renewable lease shall, mutatis mutandis, apply to the acquisition of the fee-simple pursuant to this section.

49 Authorizing sale of Section No 4, Block XV, Horopito West Township, to Wanganui Education Board

Whereas the Wanganui Education Board has entered into a contract with the lessee of Section No 4, Block XV, Horopito West Township, Wellington Land District, comprising one rood thirty-two and a half perches, and now held on renewable lease, to purchase his interest in the said section: And whereas it is desirable that the said Board should be enabled to acquire a title in fee-simple to the said land: Be it therefore enacted as follows:—

(1) The Wellington Land Board may accept a surrender of the lease of the said section, and may sell the land comprised therein to the Wanganui Education Board.

(2) All moneys derived from the sale of the said land shall be paid into the Public Account to the credit of the National Endowment Account.

50 Declaring Section No 233, City of Wellington, to be Crown land

Whereas Section No 233 of the City of Wellington, containing by admeasurement one acre, more or less, is vested in the Governor of the Dominion of New Zealand in fee-simple for the public purposes of the said Dominion, but is not Crown land within the meaning of the Land Act 1908: And whereas it is expedient that the said land should be made available for disposal under that Act: Be it therefore enacted as follows:—

Section No 233 of the City of Wellington is hereby declared to be Crown land available for disposal under the Land Act 1908.

The Land Act 1908 (1908 No 94) was repealed, as from 1 January 1925, by section 390 Land Act 1924 (1924 No 31). That Act was in turn repealed, as from 1 April 1949, by section 185(1) Land Act 1948 (1948 No 64).

51 Validating closing of certain public roads in Borough of Karori, and the disposal of lands comprised therein

Whereas the lands comprised in certificates of title, registered in the Land Registry Office at Wellington, Register-book, Volume 110, folio 268, and Volume 171, folio 287, respectively, include certain lands that were formerly portions of certain public roads or streets within the Borough of Karori: And whereas doubts have arisen as to the validity of the procedure adopted for closing the said portions of the said roads or streets: Be it therefore enacted as follows:—

The said portions of the public roads or streets hereinbefore referred to are hereby declared to have been validly closed, and the lands comprised therein to have been validly disposed of, by the Corporation of the Borough of Karori.

52 Authorizing Wanganui Borough Council to pay certain moneys out of its District Fund towards repayment of certain special loans

Whereas the Wanganui Borough Council (hereinafter called the Council) in the year eighteen hundred and ninety-four raised a special loan of one hundred and ten thousand dollars: And whereas portion of the sinking funds set aside for the repayment of the said loan at its maturity, amounting to the sum of three thousand one hundred dollars, was invested on first mortgage of freehold: And whereas the Council in the year nineteen hundred and one raised a special loan of sixty thousand dollars: And whereas portion of the sinking funds set aside for the repayment of the said loan at its maturity, amounting to the sum of six hundred dollars, was invested on first mortgage of freehold land: And whereas the Council in the year nineteen hundred and four raised a special loan of thirty thousand dollars: And whereas portion of the sinking funds set aside for the repayment of the said loan at its maturity, amounting to the sum of seven hundred dollars, was invested on first mortgage of freehold: And whereas the due date for payment of all the said mortgages has arrived, but the Commissioners of the respective sinking funds established in respect of the said loans are unable, in consequence of the Mortgages Extension Act 1914 [Repealed], to enforce payment thereof or exercise the power of sale in the memoranda or deeds of mortgage given to secure the repayment of the said respective sums of money contained: And whereas the said special loans of one hundred and ten thousand dollars, sixty thousand dollars, and thirty thousand dollars are repayable on the first day of November, nineteen hundred and fourteen: And whereas the Council has arranged a loan for the purpose (together with the accrued sinking funds) of paying off the said loans: And whereas the Council proposes in the meantime and until payment of the said mortgages to pay the said sums advanced out of the sinking funds on mortgage out of the District Fund of the borough, and to take a transfer from the Commissioners of the various sinking funds of the securities representing the said advances: Be it therefore enacted as follows:—

The Wanganui Borough Council may for the purpose of paying off the above-mentioned special loans pay the amount of the respective mortgages herein mentioned out of the District Fund of the Borough of Wanganui, and may take a transfer or assignment from the Commissioners of the respective sinking funds of the securities held by such Commissioners for the repayment of the said loans.

The words “three thousand one hundred dollars”, “sixty thousand dollars”, “six hundred dollars”, “thirty thousand dollars”, “seven hundred dollars”, and “one hundred and ten thousand dollars” were substituted, as from 10 July 1967, for the words “fifteen hundred and fifty pounds”, “thirty thousand pounds”, “three hundred pounds”, “fifteen thousand pounds”, “three hundred and fifty pounds”, and “fifty-five thousand pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

53 Authorizing grant of tramway-site to May Morn Estates (New Zealand) (Limited)

Whereas it is desirable to grant to the May Morn Estates (New Zealand) (Limited) a license as a site for a tramway over a small portion of a reserve for the growth and preservation of timber, situated in Block XI, Akatarawa Survey District, in the Wellington Land District: And whereas there is no power to grant a license as a site for a tramway over any portion of a public reserve: Be it therefore enacted as follows:—

The Wellington Land Board may grant to the May Morn Estates (New Zealand) (Limited) a license over portion of the reserve hereinbefore referred to in the same manner and subject to the same terms and conditions as if the reserve were Crown lands within the meaning of section three hundred and seven of the Land Act 1908.

54 Extending boundaries of Tongariro National Park, and vesting control in Tourist Department

[Repealed]

Section 54 was repealed, as from 1 January 1923, by section 30 Tongariro National Park Act 1922 (1922 No 31).

55 Section 3 of Wellington Corporation Leasing Act 1903, amended

Section three of the Wellington Corporation Leasing Act 1903, is hereby amended by omitting the words “nor dancing permitted.”

56 Authorizing payment for certain land to be made by Wairewa County Council to Akaroa and Wainui Road Board

Whereas prior to the passing of the Akaroa and Wainui Road District, Akaroa County, and Wairewa County Alteration of Boundaries Act 1912 (Local), the Akaroa and Wainui Road Board, for the purposes of a certain road-deviation in the road district as then constituted, purchased certain land, containing about four and a half acres, in the said road district as hereinafter described: And whereas after the passing of the said Act an agreement was entered into between the Wairewa County Council and the said Road Board as provided by section six of the said Act, consequent upon the severance of the alterations of boundaries in pursuance of the said Act, but the said agreement did not provide for the payment to the said Road Board for the said parcels of the said land: And whereas the Wairewa County Council is willing to pay to the said Road Board for the said parcels of land the sum of sixty dollars per acre, but doubts have been raised whether such payment can now be legally made: Be it therefore enacted as follows:—

(1) The Wairewa County Council is hereby empowered to pay to the Akaroa and Wainui Road Board a sum not exceeding a sum at the rate of sixty dollars for each and every acre of the parcels of land hereinafter described.

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

All that parcel of land situated in the Wairewa County and in Block XIII, Pigeon Bay Survey District, containing three acres one rood nineteen perches, more or less, being part of land acquired for road starting from a point at the intersection of Harman's Road and the Little River Railway and Road Reserve, such point being in a south-east direction 90° 20′ 30″ and distant 157.7 links from the north-east corner of Lot No 33, Morice Settlement; thence in a south-east direction along the south side of the Little River Railway and Road Reserve, 1,952.4 links; thence south-east 44.2 links to the north side of Harman's Road; thence in the following lines along that road—south-west 242.2 links, north-west 146.7 links, thence south-west 411.7 links, thence south-west 262.8 links, thence north-west 309.7 links, thence south-west 428 links, thence north-west 417.8 links to the starting-point: as the same is delineated on the plan deposited in the Land Transfer Office at Christchurch as No 144V, and therein coloured yellow.

Also all that parcel of land situated in Waiwera County and in Block XIII, Pigeon Bay Survey District, containing one acre and eleven perches, more or less, being part of land acquired for road starting from a point at the intersection of the eastern end of the Little River Railway and Road Reserve with Harman's Road; thence in a south-west direction along the south side of the railway and road reserve a distance of 880.9 links; thence in a north-west direction along that reserve, 300.1 links, to Harman's Road; thence along Harman's Road the following lines—south-east 334.6 links, thence south-east 225.3 links, thence north-east 321.1 links, thence north-east 324.5 links, thence north-east 123 links to the starting-point: as the same is delineated on the plan deposited in the Land Transfer Office at Christchurch as No 144V, and therein coloured green.

The words “sixty dollars” were substituted, as from 10 July 1967, for the words “thirty pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

57 Vesting certain Crown land in Maori owners in exchange for Lake Wairarapa foreshore

Whereas by section fifty-three of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1907, the Governor was authorized to purchase certain land to be vested in trustees in trust for certain Maori owners or their successors, in exchange for land formerly acquired by the Crown from the said Maori owners: And whereas in lieu of purchasing such land it is now desired to grant certain Crown land to the said Maori owners or their successors (hereinafter referred to as the said Maori owners): Be it therefore enacted as follows:—

(1) The Maori Land Court is hereby directed and empowered, after making such inquiry as it thinks fit, to compile a list of the said Maori owners, and thereupon to make an order determining their relative interests in the land to be vested in them as hereinafter provided.

(2) Upon the issue of the said order the Governor may, by Proclamation, vest in the said Maori owners an area not exceeding thirty thousand four hundred and eighty-six acres, being part of the land known as the Pouakani Block, in the Auckland Land District, and thereupon the said land shall for all purposes be deemed to be Maori freehold land within the meaning of Te Ture Whenua Maori Act 1993, and the said Maori owners shall be beneficially entitled to the said land in proportion to their several interests determined as hereinbefore provided.

(3) The land to be vested in the Maori owners aforesaid pursuant to this section is delineated on the plan marked L and S 11/62, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

The words “Maori Land Court” were substituted, as from 27 November 1947, for the words “Native Land Court” pursuant to section 4(2) Maori Purposes Act 1947 (1947 No 59).

The word “Maori” was substituted, as from 27 November 1947, for the word “Native” pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).

A reference to the Native Land Act 1931 was substituted, as from 1 January 1932, for a reference to the Native Land Act 1909 pursuant to section 558 of the Native Land Act 1931 (1931 No 31). That reference was in turn substituted, as from 1 April 1954, by a reference to the Maori Affairs Act 1953 pursuant to section 473(1) Maori Affairs Act 1953 (1953 No 94). That reference was in turn substituted, as from 1 July 1993, by a reference to the Te Ture Whenua Maori Act 1993 pursuant to section 362(2) Te Ture Whenua Maori Act 1993 (1993 No 4).

58 Cancelling the reservation over Section No 11, Block XIV, Waimea Survey District

The reservation for scenery-preservation purposes over Section No 11, Block XIV, Waimea Survey District, Nelson Land District, containing forty-nine acres three roods sixteen perches, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1908.

59 Cancelling the reservation over Section No 37, Block XI, Mokihinui Survey District

The reservation for metal purposes over Section No 37, Block XI, Mokihinui Survey District, Nelson Land District, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1908.

60 Cancelling the reservation over Sections No 10, Block VII, and No 19, Block XVI, Motueka Survey District

(1) The reservation for purposes of public utility over the land hereinafter referred to is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1908.

(2) The land over which the reservation is hereby cancelled is particularly described as follows:—

All that area in the Nelson Land District, being Section No 10, Moutere Hills Original District, Block VII, Motueka Survey District, containing twenty-eight acres three roods eight perches, more or less; and Section No 19, Moutere Hills Original District, Block XVI, Motueka Survey District, containing thirteen acres, more or less.

61 Exchanging national-endowment land for Crown lands, Howard Survey District

Whereas the land described in subsection three hereof was set aside as part of the national endowment: And whereas it is desirable to add the said land to other land for the purpose of disposal under the Land for Settlements Act 1908: And whereas it is desired to set apart other Crown land as national-endowment land in lieu of the national-endowment land hereinbefore referred to: Be it therefore enacted as follows:—

(1) The reservation for the purpose of the national endowment over the land described in subsection three hereof is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land for Settlements Act 1908.

(2) The Crown land described in subsection four hereof (being approximately of equal value to the land described in subsection three) is hereby set apart as national-endowment land in lieu of the national-endowment land over which the reservation is hereby cancelled.

(3) The land over which the reservation for national-endowment purposes is hereby cancelled is particularly described as follows:—

All that area in the Nelson Land District, containing by admeasurement three thousand five hundred acres, more or less, situated in Blocks X, XI, XIV, XV, and XVI, Howard Survey District: bounded towards the west generally by Section No 1 of Square No 171 and the Howard River; towards the north-east generally by Sections Nos 77, 94, 12, 15, 11, 78A, and 78, all of Square No 46, and by Section No 1 of Block XVI, Howard Survey District; and towards the south-east and south-west generally by Crown lands: as the same is delineated on the plan marked 19451A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

(4) The land hereby set apart as part of the national endowment is particularly described as follows:—

All that area in the Nelson Land District, containing by admeasurement four thousand four hundred and twenty-four acres, more or less being Sections Nos 2 and 10 of Block VI, and Sections Nos 4 and 5 of Block X, all of Howard Survey District: bounded towards the north generally by a road along the left bank of the Buller River, Section No 13 of Square No 171, the Buller River, and again by a road along the left bank thereof; towards the north-east generally by the last-mentioned road; towards the east generally by a road along the left bank of the Howard River; towards the south generally by Sections Nos 11 and 6 of Block X, Howard Survey District; towards the south-east by the last-mentioned section; again towards the north-east by that section and by a road; again towards the south generally by a road forming the northern boundary of Section No 12 of the before-mentioned Block X; towards the west generally by Crown land; and towards the north-west by Scenic Reserve No 2 (in red): as the same is delineated on the plan marked 19451B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered green.

62 Cancelling the reservation over Section No 79, Block XI, Wakamarina Survey District

Whereas Section No 79, Pelorus Valley, Block XI, Wakamarina Survey District, in the Marlborough Land District, containing two acres, more or less, was permanently reserved as a landing-place by notice in the Marlborough Provincial Gazette dated the eighth day of October, eighteen hundred and seventy-two: And whereas the said section is no longer required for the purpose for which it was originally reserved: Be it therefore enacted as follows:—

The reservation over the said section is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1908.

63 Cancelling the reservation over portion of Section No 16, Block XI, Linkwater Survey District

(1) The reservation for scenic purposes over Section No 16, Block XI, Linkwater Survey District, in the Marlborough Land District, is hereby cancelled, and the said land is hereby declared to be Crown land, and shall be disposed of by the Governor by way of exchange under section eleven of the Scenery Preservation Amendment Act 1910 [Repealed].

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

All that area in the Marlborough Land District, containing by admeasurement one acre three roods five perches, more or less, being Section No 16 (originally part of Section No 13), Block XI, Linkwater Survey District: bounded towards the north, east, south, and south-west by a public road, 66.9 links, 65 links, 146.3 links, 103.3 links, 99 links, 73.6 links, 70.1 links, 76.9 links, 32.2 links, 28.6 links, 146.3 links, 118 links, 14.6 links, 147.3 links, 151.5 links, 141.5 links, 125.1 links; and towards the north-west by Section No 6A, Block VII, Linkwater Survey District, 464.7 links: be all the aforesaid linkages more or less: as the same is delineated on the plan marked L and S 649B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

64 Cancelling the reservation over parts Sections Nos 7 and 18, Block VIII, Wakamarina Survey District

(1) The reservation for scenic purposes over parts of Sections Nos 7 and 18, Block VIII, Wakamarina Survey District, Marlborough Land District, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1908.

(2) The land over which the reservation is hereby cancelled is particularly described as follows:—

All that area in the Marlborough Land District, containing by admeasurement fifty-nine acres, more or less, being parts of Sections Nos 7 and 18, Block VIII, Wakamarina Survey District: bounded towards the north-east by Section No 2, 1913.6 links; towards the south-east by the other parts of the said Sections Nos 7 and 18, 4200.6 links; towards the south-west by a road reserve 100 links wide along the shore of Timahau Bay; towards the west by Section No 17, 2560 links; and towards the north-west by Section No 5, Block VIII aforesaid, 1598.8 links: as the same is delineated on the plan marked L and S 22/348, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

65 Cancelling the reservation over parts Sections Nos 134 and 135, Block XVI, Onamalutu Survey District

(1) The reservation as a resting-place for stock over the lands described in subsection two hereof is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1908.

(2) The land over which the reservation is cancelled as aforesaid is particularly described as follows:—

All that area in the Marlborough Land District, containing by admeasurement two hundred and fifty-seven acres one rood, more or less, being parts of Sections Nos 134 and 135, Block XVI, Onamalutu Survey District: bounded towards the north-west by a public road, 2100 links; towards the east generally by Section No 182, 1950 links, and a public road, 6200 links; towards the south-west by Section No 136, 3700 links; and again towards the north-west by a public road, 4775 links, and other part of Section No 134, 1150 and 2000 links: as the same is delineated on the plan marked L and S 23/337, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

66 Authorizing the granting of temporary licenses over grazing-farms in Cheviot Estate

Whereas in terms of section two hundred and ninety-four of the Land Act 1908, new leases of grazing-farms on Cheviot Estate have (unless the Governor decides that the whole or part of the land included in such leases is suitable for close settlement or subdivision) to be offered to the existing lessees at least twelve months before the expiration of the leases at a rental to be determined: And whereas several of the said leases will expire on the twenty-ninth day of February, nineteen hundred and sixteen: And whereas it is not at present advisable to fix the rentals of the said lands for new terms: Be it therefore enacted as follows:—

(1) Notwithstanding anything in section two hundred and ninety-four of the Land Act 1908, the Land Board may grant to the lessee of any grazing-farm on the Cheviot Estate the lease of which expires on the twenty-ninth day of February, nineteen hundred and sixteen, a temporary license over the land comprised in such lease for one year from the date of such expiration, at such rent and on such terms and conditions as the Board thinks fit:

Provided that the Board may at any time during the currency of such temporary license (unless the Governor decides that the whole or part of the land included therein is suitable for close settlement or subdivision) offer the licensee a new lease of the whole of the land or part thereof.

(2) The holder of a temporary license granted under this section shall be deemed for the purposes of section two hundred and ninety-four of the Land Act 1908, to be the holder of the original lease as if the term of the original lease had not expired.

67 Cheviot Road District abolished

Whereas the Cheviot Road District was constituted in the year eighteen hundred and eighty-three with the same boundaries as the Cheviot County, but no Road Board has ever been elected: And whereas it is desired to abolish the said Cheviot Road District: Be it therefore enacted as follows:—

The Cheviot Road District is hereby abolished as from the date of the passing of this Act.

68 Cancelling the reservation over Reserve No 1873, Block VIII, Rangiora Survey District

Whereas Reserve No 1873, Block VIII, Rangiora Survey District, in the Canterbury Land District, containing thirty-one acres, more or less, was set apart for public purposes by Proclamation in the Canterbury Provincial Gazette of the ninth day of August, eighteen hundred and seventy-five: And whereas by warrant published in the Gazette of the tenth day of January, nineteen hundred and one, the said reserve was declared to be a sanctuary for native wild-fowl, and the land is not now required for the purpose for which it was set apart: Be it therefore enacted as follows:—

The reservations over Reserve No 1873, Block VIII, Rangiora Survey District, are hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1908.

69 Closing a road through Rangiora Rifle Range

Whereas the road hereinafter described passes through land which has been taken for a rifle range by a Proclamation published in the Gazette of the thirteenth day of August, nineteen hundred and fourteen, and it is desirable to close such road and add it to the rifle range: Be it therefore enacted as follows:—

(1) The road hereinafter described is hereby closed, and the land comprised therein is hereby vested in His Majesty for the purpose of a rifle range.

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

All that portion of road, containing twelve acres and twenty-four perches, adjoining Sections Nos 8927, 8934, 33395, and 33396, Blocks V and VI, Rangiora Survey District, in the Canterbury Land District; as the same is more particularly delineated on the plan marked PWD 36115, deposited in the office of the Minister of Public Works, at Wellington, in the Wellington Provincial District, and thereon coloured green.

70 Declaring Section No 32906, Block VI, Okains Survey District, to be a public domain, and authorizing the disposal or exchange of same

Whereas certain moneys were provided by the Akaroa County Council for the purpose of acquiring a piece of land for recreation purposes in Le Bon's Bay: And whereas portion of the money so subscribed was used in the purchase of all that parcel of land situate at Le Bon's Bay aforesaid, containing by admeasurement ten acres, more or less, being Rural Section No 32906, and being the whole of the land comprised in certificate of title, Volume 116, folio 235: And whereas the said lands, together with the sum of one hundred and sixty-one dollars and sixty-seven and a half cents, are by deed bearing date the ninth day of June, nineteen hundred and fourteen, now vested in Samuel Wallace Crotty, Antonio Frank Leonardo the younger, and William Gilbert Dalglish: And whereas the said land is unsuitable for the purposes of a recreation-ground, and it is advisable that the said land should be sold and other land purchased: And whereas the residents of the said district, including the said Samuel Wallace Crotty, Antonio Frank Leonardo, and William Gilbert Dalglish, are desirous of vesting the said lands, and any lands which may hereafter be purchased in addition to or in substitution for the said lands, in the Crown for the purpose of a public domain, and are desirous of handing over the said sum of one hundred and sixty-one dollars and sixty-seven and a half cents to the Board which shall be appointed to manage the said domain: Be it therefore enacted as follows:—

(1) The said lands are hereby declared to be Crown lands, and to be a public domain within the meaning of the Reserves Act 1977, under the title of The Le Bon's Bay Domain.

(2) It shall be lawful for the Board having control of the said land as a public domain to sell the same or to exchange the same for other land.

(3) Any moneys received by way of purchase-money for the said land shall be expended in the purchase of other land, and any land so purchased or any land received by way of exchange shall become a public domain under the said Act under the title of The Le Bon's Bay Domain.
(4) The said sum of one hundred and sixty-one dollars and sixty-seven and a half cents shall be used for any or all of the following purposes, namely,—
- (a) In the purchase of other lands to add to and form part of the Le Bon's Bay Domain:
- (b) The improvement and maintenance of the Le Bon's Bay Domain.
(5) The said Samuel Wallace Crotty, Antonio Frank Leonardo, and William Gilbert Dalglish upon handing over the said sum of one hundred and sixty-one dollars and sixty-seven and a half cents to the Domain Board shall be freed and discharged from all liability in respect of the said land and moneys so subscribed.

The words “one hundred and sixty-one dollars and sixty-seven and a half cents” were substituted, as from 10 July 1967, for the words “eighty pounds sixteen shillings and ninepence” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

A reference to the Public Reserves, Domains, and National Parks Act 1928 in subsection (1) was substituted, as from 1 April 1929, for a reference to the Public Reserves and Domains Act 1908 pursuant to section 103 Public Reserves, Domains, and National Parks Act 1928 (1928 No 36). That reference was in turn substituted, as from 1 April 1954, by a reference to the Reserves and Domains Act 1953 pursuant to section 107(1) Reserves and Domains Act 1953 (1953 No 69). That reference was in turn substituted, as from 1 April 1978, by a reference to the Reserves Act 1977 pursuant to section 125(1) Reserves Act 1977 (1977 No 66).

71 Repeal

Subsection two of section one hundred and nine of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1913, is hereby repealed.

72 Validating disposal of certain Crown land as part of Ashwick Settlement

Whereas Rural Section No 28848, Block XIV, Opuha Survey District, containing forty-eight acres, more or less (part of the Ashwick Settlement), in the Canterbury Land District, was acquired under the Land for Settlements Act 1908: And whereas in order to preserve existing fencing boundaries an area of fourteen acres two roods eight perches, more or less, of the said section was in the disposition of the said Ashwick Settlement excluded therefrom, and an area of fourteen acres one rood three perches, more or less, part of Rural Section No 36342, Block XIV, Opuha Survey District, was included therein: And whereas it is desired to validate the lease of Section No 1, Ashwick Settlement, which includes the said area of fourteen acres one rood three perches, more or less, and to amend the lease in perpetuity No 387 over Rural Section No 36342, Block XIV, Opuha Survey District, by excluding the said area of fourteen acres one rood three perches, more or less, and including the said area of fourteen acres two roods eight perches, more or less: Be it therefore enacted as follows:—

(1) The lease over Section No 1, Ashwick Settlement, is hereby validated in respect of all the land expressed to be comprised therein. The District Land Registrar for the Canterbury Registration District is hereby authorized and directed to amend the lease of Rural Section No 36342, Block XIV, Opuha Survey District, by excluding therefrom the area of fourteen acres one rood three perches hereinbefore referred to, and including therein the said area of fourteen acres two roods eight perches.

(2) The land to be included in the Ashwick Settlement is particularly described as follows:—

All that area in the Canterbury Land District, containing by admeasurement fourteen acres one rood three perches, more or less, being part of Rural Section No 36342, Block XIV, Opuha Survey District: bounded by a line commencing at the easternmost corner of Rural Section No 28849; thence bearing 163° 0′ 54″, distance 1918.3 links; bearing 303° 10′, distance 2280.1 links; bearing 66° 36′, distance 1500 links, to the commencing-point: be all the aforesaid linkages more or less: as the same is delineated on the plan marked L 19437, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured yellow.

(3) The land to be added to lease in perpetuity No 387 is particularly described as follows:—

All that area in the Canterbury Land District, containing by admeasurement fourteen acres two roods eight perches, more or less, being part of Rural Section No 28848, Block XIV, Opuha Survey District: bounded by a line commencing at the easternmost corner of Rural Section No 28848; thence bearing 213° 10′, distance 1583 links; bearing 343° 54′, distance 2425.8 links; bearing 123° 10′, distance 1838.2 links, to the commencing-point: be all the aforesaid linkages more or less: as the same is delineated on the plan marked L 19437, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured blue.

73 Authorizing Ellesmere Domain Board to grant moneys for purposes of Dunsandel Domain

The Ellesmere Domain Board may from time to time, out of funds at its disposal, aid the Dunsandel Domain Board by such grants of money as it thinks fit to be expended by the last-mentioned Board in improving the domain under its control.

74 Cancellation of the national-endowment reservation over 1,000 acres, Block XII, Mahinapua Survey District, and setting apart other lands in lieu thereof

Whereas the land described in subsection three hereof is national-endowment land: And whereas it is expedient that the reservation should be removed to enable the said land to be exchanged for certain private lands: And whereas it is desired to set apart other Crown lands as national-endowment land in lieu of the land herein first mentioned: Be it therefore enacted as follows:—

(1) The reservation for the purposes of the national endowment over the land described in subsection three hereof is hereby cancelled, and the said land is hereby declared to be Crown land subject to the provisions of the Land Act 1948.

(2) The Crown land described in subsection four hereof (being approximately of equal value) is hereby set apart as national-endowment land in lieu of the national-endowment land over which the reservation is hereby cancelled.

(3) The land over which the reservation for national-endowment purposes is hereby cancelled is particularly described as follows:—

All that area in the Westland Land District comprising Section No 3157 of Block XII, Mahinapua Survey District, containing by admeasurement one thousand acres, more or less, and bounded as follows: commencing at its most easterly point by a line extending in a south-westerly direction along the western boundary of the Seddon Terrace Track for a distance of 3977.1 links to HO road-line; thence north-west along the said HO road-line a distance of 553.3 links; thence south-west across said road-line for 100 links to a point on HI road-line; thence south-west by HI road-line for a distance of 4301 links; thence north-west by Section No 2776 a distance of 8242.4 links to HH road-line; thence across said road-line a distance of 102.2 links; thence south-west by aforesaid road-line for a distance of about 1464.9 links to HP road-line; thence north-west by HP road-line a distance of 3194.4 links; thence north-east by Crown lands and across HO road-line to the most northerly point of aforesaid Section No 3157 a distance of 9500.8 links; thence south-east by Crown lands and across HH road-line a distance of 12165.5 links to commencing-point: be all the aforesaid linkages more or less: save and excepting all roads and creeks within the aforesaid area.

(4) The land hereby set apart as part of the national endowment is particularly described as follows:—

All that area in the Westland Land District situated in Block VI, Kanieri Survey District, and containing by estimation nine hundred acres, more or less, and bounded as follows: commencing at a point along the northern boundary of Block VI, distant about 110 chains from the western boundary of the said block, by a right line extending due south for a distance of about 130 chains to a point near the righthand branch of Kanieri River; thence due east by a right line a distance of 70 chains to the eastern side of Lake Kanieri Road; thence due north by a right line a distance of about 130 chains to the aforesaid northern boundary of Block VI; thence due west along block-line a distance of 70 chains to commencing-point: be all the aforesaid distances more or less: save and excepting all roads, rivers, and creeks within the said area.

Also all that area in the Westland Land District situated in Block I, Kanieri Survey District, and containing by estimation six hundred acres, more or less, and bounded as follows: commencing at a point on the east side of Pine Tree Road north of Paddock Road and 120.2 links due east of Tube III; thence due east to a point on the western side of Hauhau-Blue Spur Road, a distance of 4050 links; thence due south to a point on the southern boundary of the said Block I, a distance of 13150 links; thence due west along the said block boundary to a point on the Kokatahi Road, a distance of 2450 links; thence along the north-eastern side of the said road to its junction with Lake Kanieri Road, a distance of 550 links; thence across Lake Kanieri Road, about 100 links; thence along the north side of Lake Kanieri Road generally in a westerly direction to the eastern corner of Section No 21, 350 links; thence along the northern boundary of Sections Nos 21, 23, and 18, about 730 links; thence in a north-easterly direction along the north-eastern boundary of St Albans Street, 325 links; thence in a north-westerly direction across St Albans Street, 100 links, continuing along the north-eastern boundary of Reserve No 189, 500 links, and across Camp Street, 100 links; thence south-west along the north-western side of Camp Street, 500 links; thence in a north-westerly direction along the north-eastern boundary of Reserve No 464, 306.8 links; thence south-easterly along the north-western boundary of the said reserve, a distance of 300 links; thence along the north-eastern boundary of Kanieri Township generally in a north-westerly direction, 2100 links; thence generally in a north-easterly direction along the eastern side of Kanieri-Hauhau Road, 1200 links; thence along the south side of Tucker Flat Road, 1400 links; thence in a northerly direction across Tucker Flat Road, 100 links; and along the eastern boundary of Section No 1923, 786 links; thence north-westerly along the north-eastern boundary of the said section to the Kanieri-Hauhau Road, 832.5 links; thence across the Kanieri-Hauhau Road to the north-east corner of Section No 1809; thence along the northern boundary of the said section, 1603 links; thence along the eastern boundary of Section No 1807, 158 links; thence along the northern boundary of the said section, about 200 links; thence across a road to the south-eastern corner of Section No 1808; thence north-easterly along the boundary of the said section, 1392 links; thence north-westerly along the north-eastern boundary, 575.5 links; thence north-easterly along the south-eastern boundary of Section No 1828, about 1400 links; thence in a north-westerly direction along the north-eastern boundary of the said section, 221 links; thence in a south-westerly direction to the north-eastern corner of Section No 1765, 940 links; thence in a north-westerly direction along the north-eastern boundary of the said section, 506 links; thence south-easterly to the north-eastern boundary of Section No 1753, 57 links; thence in a north-westerly direction along the north-eastern boundary of the last-mentioned section, 502.5 links: thence in a north-easterly direction along the boundary of Section No 1575, 1453 links; across Russell Road, 101 links; along the boundary of Section No 1641, 503.5 links; Section No 1650, 219 links; Section No 2013, 199.5 links; Section No 1640, 109 links; Section No 1240, 1353.5 links; across a road, 184 links; Section No 1660, 225 links: thence north-westerly along the boundary of Section No 1660, 774.5 links, and Section No 1847, 770 links: thence north-easterly along Pine Tree Road, about 1300 links, to the point of commencement: be all the aforesaid measurements a little more or less: saving and excepting all roads, creeks, and gravel reserves, and Sections Nos 1210, 1235, 1769, and 1780.

A reference to the Land Act 1924 was substituted, as from 4 August 1908, for a reference to the Land Act 1892 (1892 No 37) pursuant to section 390 Land Act 1924 (1924 No 31). That reference was in turn substituted, as from 1 April 1949, by a reference to the Land Act 1948 pursuant to section 185(1) Land Act 1948 (1948 No 64).

75 Amended provisions as to lease by Greymouth Harbour Board of certain reserves

Paragraph (e) of section one hundred and twenty-four of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1913, is hereby repealed, and the following paragraph substituted therefor:—
- “(e) The owner may insert in any lease of any portion of the said reserves provisions to the following effect, namely:—
  
  “(i) That if the owner requires the land comprised in such lease for any purpose connected with the construction, improvement, extension, or maintenance of any harbour-works at Greymouth, then the owner may terminate such lease upon one year's notice to the lessee; and that upon the expiration of such notice the owner may resume possession of such land, and shall pay to such lessee, or such other person as the owner shall consider entitled thereto, compensation in respect of the buildings and fences actually existing on such land at the expiration of such notice, but not in respect of any other matter or thing:
  
  Provided that the lessee or such other person shall be entitled to compensation in respect of only a one-half share or interest in any dividing-fences.
  
  “(ii) That if the owner shall decide that it will not again lease the land comprised in any lease at the expiration thereof, then the owner shall pay to the lessee, or such other person as the owner shall consider entitled thereto, compensation in respect of the buildings and fences actually existing on such land at the expiration of such lease:
  
  Provided that the compensation in respect of dividing-fences shall be limited as mentioned in subparagraph (i) hereof.
  
  “(iii) That compensation as aforesaid shall be assessed by two arbitrators or their umpire, and such arbitration shall be conducted subject to such conditions as the owner shall determine:
  
  Provided that paragraphs five, six, seven, eight, and fourteen of the First Schedule to the Public Bodies Leases Act 1908, shall be applicable to such arbitration.”

76 Authorizing the inclusion of certain sections in the lease of Small Grazing-run No 345D, Otago Land District

Whereas Small Grazing-run No 345D, Kawarau Survey District, in the Otago Land District, containing eleven thousand eight hundred acres, more or less, has no homestead-site: And whereas Sections Nos 36, 40, and 46, Block I, of the said Kawarau Survey District, containing one hundred and fifty-eight acres three roods one perch, are available and suitable for the purpose of a homestead-site in connection with the said run: And whereas it is desirable to add the said sections to the said run: Be it therefore enacted as follows:—

(1) On application in writing by the lessee of Small Grazing-run No 345D the Land Board of the Otago Land District is hereby authorized to include Sections Nos 36, 40, and 41, Block I, Kawarau Survey District, in the lease of the said run and to increase the annual rent payable under such lease by such sum as may be agreed on.

(2) The Commissioner of Crown Lands for the said district shall, by certificate under his hand, forthwith notify such alteration to the District Land Registrar for the Otago Registration District, who shall record the same on the original lease and also on the registered copy.

77 Vesting Miller's Flat Public Hall and Library site in Tuapeka County Council

Whereas the land hereinafter described was by deed of conveyance dated the eleventh day of February, eighteen hundred and ninety-eight, conveyed to His Majesty the King in trust as a site for a public hall, library, and school of mines: And whereas by notice published in the Gazette of the tenth day of December, nineteen hundred and three, the control and management of the said land was vested in trustees: And whereas the appointment of trustees as aforesaid is invalid: And whereas it is now desired to vest the said land in the Tuapeka County: Be it therefore enacted as follows:—

(1) The land hereinafter described is hereby vested in the Tuapeka County without power of sale, in trust as a site for the purposes of a public hall and library.

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

All that area in the Otago Land District, containing by admeasurement one rood, more or less, being part of Pre-emptive Right D on Run No 200, situated in Block III, Benger Survey District: bounded by a line commencing at a point on the north-eastern side of the main road forming the south-western boundary of Pre-emptive Right D, distant 150 links from the westernmost corner of the said Pre-emptive Right D; thence along the north-eastern side of the said road, 75 links; thence bearing 51° 34′, distance 333.3 links; bearing 321° 45′, distance 75 links; and bearing 231° 34′, distance 333.3 links, to the point of commencement: as the same is delineated on the plan marked L and S 22/620, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red.

78 Cancelling the reservation over Sections Nos 5, 6, 11, and 12, Block XIV, Town of Waipahi

The reservation as a site for a public school over Sections Nos 5, 6, 11, and 12, Block XIV, Town of Waipahi, in the Otago Land District, is hereby cancelled, and the said sections are hereby declared to be Crown land available for disposal under the Land Act 1908.

79 Cancelling the reservation over Sections Nos 46 and 47, Block II, Hillend Survey District

Whereas Sections Nos 46 and 47, Block II, Hillend Survey District, in the Otago Land District, containing one hundred and ten acres three roods, more or less, were, by warrant published in the Gazette of the tenth day of January, nineteen hundred and one, permanently reserved for the growth and preservation of timber: And whereas the said land has never been used for the purpose for which it was reserved, and is not now suited nor required for such purpose: And whereas it is desirable that the said land should be made available for the purposes of settlement: Be it therefore enacted as follows:—

The reservation over the said land is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1908.

80 Cancelling the reservation over part Section No 1, Block XXV, Town of Dunkeld

(1) The reservation for quarry purposes over part of original Section No 1, Block XXV, Town of Dunkeld, in the Otago Land District, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1908.

(2) The land over which the reservation is cancelled is particularly described as follows:—

All that area in the Otago Land District, containing by admeasurement three acres and thirty-six perches, more or less, being Sections Nos 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18, and 19, Block XXV, Town of Dunkeld—bounded towards the north by a public road; towards the south-east generally by Sections Nos 1 and 5; and towards the south-west and north-west by a public road: and Section No 10, Block XXV aforesaid—bounded towards the north by a public road; towards the south-east by Section No 2; and towards the south-west and north-west by Section No 1: as the same is delineated on the plan marked L and S 22/332, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged blue.

81 Authorizing the acceptance of surrender of part of Earnscleugh Station and of certain water-rights

Whereas Stephen Thomas Spain, of Clyde, in the Provincial District of Otago, sheep-farmer (hereinafter referred to as the licensee), is the occupier under the several licenses hereinafter mentioned of certain lands in the Otago Land District known as the Earnscleugh Station: And whereas it is desirable that portion of the said lands should be resumed by the Crown for the purpose of being disposed of as sites for fruit-farms: And whereas the licensee has agreed to surrender the portion of the said lands so required subject to the conditions hereinafter appearing: Be it therefore enacted as follows:—

(1) The licensee is hereby empowered to surrender, and the Otago Land Board is hereby empowered to accept the surrender of, an area of two hundred and ten acres, more or less, being part of the lands comprised in License No 1214, and an area of seven thousand one hundred and ten acres, more or less, being part of the lands comprised in License No 1213, and an area of two hundred and thirty acres, more or less, being part of the lands comprised in License No 1212, the said licenses being more particularly referred to in subsection five hereof.

(2) The licensee is hereby further empowered to transfer to the Commissioner of Crown Lands for the Otago Land District, and the said Commissioner is hereby empowered to accept, all the rights, powers, and privileges of the licensee with respect to one head of water, particulars as to such rights, powers, and privileges being endorsed on the Pastoral Licenses Nos 1212 and 1213, hereinbefore referred to.

(3) By way of compensation for the rights to be surrendered by the licensee as aforesaid the licensee shall be entitled to occupy the residue of the land comprised in License No 1214 aforesaid at a rental of thirty-eight dollars and ninety cents per annum, and the residue of the land comprised in License No 1213 aforesaid at a rental of three hundred and thirty-eight dollars ninety cents per annum, and the residue of the land comprised in License No 1213 aforesaid at a rental of seventy-five dollars and thirty cents per annum; and, further, on the expiration of the several licenses referred to in subsection five hereof the licensee shall be entitled to receive new licenses in respect of the lands then respectively comprised therein for a period of fourteen years, at such rentals as may be agreed on at the time of such surrender.

(4) The lands comprised in the said new licenses shall not, during the currency thereof, be liable to resumption by the Governor under the powers conferred by section two hundred and twenty-eight of the Land Act 1908, or otherwise.
(5) The licenses to which this section particularly refers are the following:—
- (a) License No 1212, over Pastoral Run No 249, in the Otago Land District, containing twenty-six thousand two hundred and nineteen acres, more or less;
- (b) License No 1213, over Pastoral Run 249A, in the Otago Land District, containing thirty-nine thousand two hundred and seventeen acres, more or less;
- (c) License No 1214, over Sections No 1, Block XIV, and No 1, Block XI, and part of Section No 3, Block X, Leaning Rock Survey District, in the Otago Land District, containing eight hundred and fifty acres, more or less; and
- (d) License No 1215, over Pre-emptive Rights A and C in Run No 249A, Leaning Rock Survey District, in the Otago Land District, containing one hundred and three acres, more or less.
The words “thirty-eight dollars and ninety cents”, “three hundred and thirty-eight dollars ninety cents”, “seventy-five dollars and thirty cents” were substituted, as from 10 July 1967, for the words “nineteen pounds nine shillings”, “one hundred and sixty-nine pounds nine shillings” and “thirty-seven pounds thirteen shillings” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

82 Cancelling the reservation over Section No 72, Block I, Leaning Rock Survey District

Whereas by section forty-five of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1907, Section No 72, Block I, Leaning Rock Survey District, was declared to be a public domain: And whereas the land is no longer required for the purposes of a public domain: Be it therefore enacted as follows:—

(1) The reservation over Section No 72, Block I, Leaning Rock Survey District, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1908.

(2) Section forty-five of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1907, is hereby repealed.

83 Authorizing Otago Harbour Board to lease Lots Nos 19 to 34, Block LXXIV, Dunedin to the Crown

Whereas the land hereinafter described is required as a site for a Public Works store, and the Otago Harbour Board is prepared, subject to the necessary power being conferred upon it by legislation, to lease such land to His Majesty for the term, and at the rental, and in manner hereinafter mentioned: Be it therefore enacted as follows:—

(1) The Otago Harbour Board is hereby empowered to lease to His Majesty the King, at an annual rental at the rate of one hundred and twenty dollars per acre, all that piece of land in the City of Dunedin, containing two acres two roods thirty-two and one-fifth perches, more or less, being Sections Nos 19 to 34 (both inclusive) of Block LXXIV, Dunedin: bounded on the north-west by Barbados Street, on the north-east by Colon Street, on the south-east by Trinidad Street, and on the south-west by Culebra Street (which said piece of land is more particularly delineated and shown on a plan prepared by J Blair Mason, Esquire, of Dunedin, and deposited in the office of the Minister of Public Works at Wellington, in the Wellington Provincial District, and numbered PWD 36664), for a period of fifty years, to take effect in possession or within six months from the making of the lease, and with, upon, and subject to such terms, conditions, and provisions as may be agreed on between His Majesty and the said Board, including provisions for payment of valuation for improvements or for renewal for one or more or for recurring periods of fourteen years, and all or any of the provisions contained in the form of lease in the Schedule to the Public Bodies Leaseholds Act 1886.

(2) The District Land Registrar of the District of Otago is authorized and directed to accept for registration and register the said lease notwithstanding the provisions of the Public Works Act 1908.

The words “one hundred and twenty dollars” were substituted, as from 10 July 1967, for the words “sixty pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

84 Vesting certain land in Dunedin City Corporation

Whereas by Proclamation dated the first day of September, nineteen hundred and six, and published in the New Zealand Gazette of the thirteenth day of September, nineteen hundred and six, a parcel of land containing two roods twenty-nine and five-tenths perches, being part of Section No 11, Block VI, Town District, the fee-simple whereof was vested in the Corporation of the City of Dunedin, was taken under the provisions of the Public Works Act 1905, for the purposes of the Waitaki-Bluff Railway (Dunedin-Mosgiel doubling): And whereas it was agreed between the said Corporation and the Minister of Railways that the compensation payable in respect of such land should be satisfied by the payment to the said Corporation of the sum of five hundred and ninety-four dollars, and by the vesting in the said Corporation of the several parcels of land hereinafter particularly described: Be it therefore enacted as follows:—

(1) The several parcels of land hereinafter particularly described are hereby vested in the Corporation of the City of Dunedin for an estate in fee-simple in possession, and the District Land Registrar at Dunedin shall accordingly, on the application of the said Corporation, issue to the said Corporation free of charge certificates of title under the Land Transfer Act 1908, for the said lands.

(2) The several parcels of land to which this section relates are particularly described as follows:—

All that parcel of land situated in the Town of Dunedin, containing by admeasurement six perches and eighty-six hundredths of a perch, more or less, being part of land shown by a green colour on Proclamation Plan No 1026, Land Registry Office, Dunedin, and comprised in certificate of title, Register-book, Volume 92, folio 29, Dunedin aforesaid, and bounded—commencing at a point being the most westerly corner of the said land shown by a green colour as aforesaid, and forming the point of junction of the south-eastern boundary-line of Cumberland Street with the north-eastern boundary-line of Anderson's Bay Road: bounded towards the north-west by Cumberland Street on a line bearing 21° 38′ 42″, distance 159.4 links; thence generally towards the east by other part of the said land comprised in the said certificate of title on lines, bearings, and distances as follows: bearing 192° 46′ 25″, distance 100.7 links; bearing 180° 36′ 21″, distance 100.7 links; bearing 168° 26′ 17″, distance 100.7 links; thence towards the south-west by the Anderson's Bay Road on a line bearing 339° 34′, distance 159.4 links, to the starting-point.

Also all that parcel of land situated in the Town of Dunedin, containing five perches and eight-hundredths of a perch, more or less, and comprising part of the land contained in certificate of title recorded in Register-book, Volume 92, folio 29, Land Registry Office, Dunedin, and part of the land coloured yellow and marked with the letter “F” on plan deposited in the said Land Registry Office with Proclamation No 2061: bounded—commencing at the most southerly corner of the land contained in the said certificate of title—towards the south-west by Anderson's Bay Road, bearing 339° 34′, distance 144.05 links; thence towards the north-east by other part of the land contained in the said certificate of title, and by other portion of the said land coloured yellow on the said plan, bearing 148° 05′, distance 302.43 links; thence towards the east by land marked with the letter “G” on said plan, bearing 198° 10′ 50″, distance 7.5 links; thence towards the south-west by the Anderson's Bay Road, bearing 326° 36′, distance 151.33 links; bearing 329° 27′, distance 29.36 links; and thence again towards the east by the Anderson's Bay Road, bearing 201° 38′ 42″, distance 24.5 links, to the starting-point.

Also all that parcel of land situated in the Town of Dunedin, in Block VII, Town District, containing by admeasurement eight perches and forty-four hundredths of a perch, more or less, being portion of the land coloured red on plan deposited in the Land Registry Office at Dunedin as No 1115: commencing at a point being the most northerly corner of the said land coloured red as aforesaid—bounded generally towards the west by Bridgman Street, bearing 183° 57′, distance 75 links; bearing 186° 34′, distance 97.8 links; bearing 189° 10′, distance 97.8 links: thence generally towards the east and south-east by part of the said land coloured red, on lines bearing 13° 52′, distance 145 links; bearing 58° 9′ 25″, distance 65 links: thence towards the north-east by Anderson's Bay Road, distance 110 links, to the starting-point.

The words “five hundred and ninety-four dollars” were substituted, as from 10 July 1967, for the words “two hundred and ninety-seven pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

85 Vesting certain land in Presbyterian Social Service Association

Whereas the parcel of land shown as “Scott Street” on the plan of the Township of Shiel Hill, deposited in the office of the District Land Registrar at Dunedin, is not required as a road or street, and it is desired to vest the same in the Presbyterian Social Service Association: Be it therefore enacted as follows:—

The parcel of land shown as “Scott Street” upon the plan of the Township of Shiel Hill, deposited in the office of the District Land Registrar at Dunedin as Plan 114, is hereby vested in the Presbyterian Social Service Association.

86 Authorizing exchange of certain Crown lands for part of Blueskin Athenaeum site

Whereas Sections Nos 7 and 8, Block X, Town of Blueskin, in the Land District of Otago, were reserved as an athenaeum-site by notice in the Otago Provincial Gazette, dated the eighth day of November, eighteen hundred and seventy-three, and are now vested in the Blueskin Athenaeum trustees: And whereas a part of the said sections and also certain Crown land being part of Section No 9 in the same block are required for the purpose of a road: And whereas the trustees of the Blueskin Athenaeum are willing to accept the other part of the said Section No 9 in exchange for the part of the athenaeum-site required for road purposes: Be it therefore enacted as follows:—

(1) The reservation as an athenaeum-site over the land described in the next succeeding subsection is hereby cancelled, and the said land, together with the land described in subsection three of this section, is hereby declared to be a public road; and the land described in subsection four of this section is hereby declared to form part of the site for an athenaeum in the Town of Blueskin, and is hereby vested in the trustees of the Blueskin Athenaeum.

(2) The land over which the reservation is cancelled as aforesaid is particularly described as follows: All that area containing eighteen and six-tenths perches, being part of Sections Nos 7 and 8, Block X, Town of Blueskin, and bounded as follows: On the south by a road-line, on the north-east by the other parts of said sections, on the west by part of Section No 9 described in the next succeeding subsection, and on the south-west by part of Section No 10 in the same block.

(3) The area of Crown lands hereby declared to be part of a public road is particularly described as follows: All that area containing fourteen and three-tenths perches, being part of Section No 9, Block X, Town of Blueskin, and bounded as follows: On the east by the land described in the last preceding subsection; on the north-east by the other part of said Section No 9; on the west by Foyle Street; and on the south-west by part of Section No 10 in the same block.

(4) The area of Crown lands hereby declared to form part of the site for an athenaeum in the Town of Blueskin is particularly described as follows: All that area containing twenty-six and three-tenths perches, being part of Section No 9, Block X, Town of Blueskin, and bounded as follows: On the east by part of Section No 8 in the same block; on the north-east by Dunkerron Road; on the west by Foyle Street; and on the south-west by part of Section No 9 described in subsection three of this section.

(5) The above-described areas are more particularly delineated on the plan marked L and S 6/1, deposited at the Head Office, Department of Lands and Survey, at Wellington.

87 Authorizing sale of portion of Defence reserve in Lawrence, in the Otago Land District

Whereas the land hereinafter referred to was vested in His Majesty the King by operation of section seventy-five of the Defence Amendment Act 1912 [Repealed]: And whereas the said land is not suitable or required for defence purposes, and it is desired to sell the same to the present lessee and to pay the proceeds derived from the sale in the manner hereinafter provided: Be it therefore enacted as follows:—

(1) The reservation for defence purposes over the land hereinafter described is hereby cancelled, and the said land may be sold to the present lessee on such terms as may be mutually agreed on by the Minister of Defence and the lessee.

(2) The proceeds derived from the sale of the said land shall be paid into the Public Account to the credit of the Land for Settlements Account.

(3) The land to which this section relates is all that piece of land situated in the Town of Lawrence, in the Otago Land District, containing by admeasurement one rood and ten and four-tenths perches, more or less, being part of Section No 6, Block LV, on the public map of the said town: bounded on the north-east by Derwent Street, 82.9 links; on the east-north-east by Derwent Street, 177.6 links; on the south by other part of said Section No 6, 248 links; and on the north-west by Crown lands, 300 links: being part of the land included in certificate of title, Register-book, Volume 93, folio 229, in the Land Registry Office at Dunedin.

88 Exemption from portion of stamp duty payable on certain exchanges of land authorized by sections 89 and 90 of Reserves and other Lands Disposal and Public Bodies Empowering Act 1913

Whereas by sections eighty-nine and ninety of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1913, passed on the fifteenth day of December, nineteen hundred and thirteen, the Corporation of the Mayor, Councillors, and Citizens of the City of Dunedin is empowered to convey or otherwise assure the parcels of land therein respectively described in exchange for other parcels of land also therein respectively described: And whereas the said respective exchanges would have been completed some time prior to the said fifteenth day of December, nineteen hundred and thirteen, if the said Corporation had been empowered to convey or otherwise assure the several parcels of land vested in the said Corporation and referred to in said sections eighty-nine and ninety: And whereas by the Stamp Duties Amendment Act 1913 [Repealed], which was also passed on the said fifteenth day of December, nineteen hundred and thirteen, it is provided that stamp duty shall be assessed and paid as therein mentioned on any instrument by which any property is legally or equitably transferred to or otherwise vested in any other person by way of exchange: Be it therefore enacted as follows:—

The stamp or other duty which shall be charged, assessed, or imposed on the conveyances, transfers, and other deeds and assurances now or hereafter executed of the said several parcels of land described in said sections eighty-nine and ninety shall be the duty which would have been charged if the Stamp Duties Amendment Act 1913 [Repealed], had not been passed, and no other duty shall be assessed, imposed, or chargeable thereon respectively.

89 Validating contributions by local authorities in commemoration of Scott Antarctic Expedition

All contributions that have heretofore been made by any local authority for the purpose of commemorating the Scott Antarctic Expedition, or the memory of the late Captain Scott, his officers and men, are hereby declared to have been lawfully made.

90 Cancelling reservation over Section No 15, Block XI, Waipoua Survey District, Auckland Land District

The reservation for State-forest purposes over Section No 15, Block XI, Waipoua Survey District, in the Auckland Land District, is hereby cancelled, and the said land is hereby declared to be Crown land available for disposal under the Land Act 1908.

91 Taumarunui Borough Council authorized to lay off certain land as public street

Notwithstanding anything in section one hundred and twenty-seven of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1913, or of any trust or reservation affecting the lands referred to in the said section, the Taumarunui Borough Council is hereby authorized to lay off as a public street such portion or portions as it thinks fit of the area that the said Council is authorized by the said section to lease.

92 Authorizing inclusion in lease in perpetuity of certain closed road, Block IX, Hunua Survey District, Wellington Land District

Whereas part of the road fronting Sections Nos 3 and 26, Block IX, Hunua Survey District, in the Wellington Land District, containing an area of one acre three roods twenty-nine and four-fifths perches, more or less, was closed in accordance with the provisions of the Land Act 1908, by a Proclamation published in the Gazette of the eighteenth day of December, nineteen hundred and thirteen: And whereas it is expedient to lease the said closed road to the lessee of the said Section No 3: Be it therefore enacted as follows:—

(1) On application in writing by the lessee the Wellington Land Board is hereby authorized to include the land comprised in the said closed road in the lease in perpetuity over the said Section No 3, Block IX, Hunua Survey District.

(2) On the receipt of a certificate under the hand of the Chairman of the Wellington Land Board stating that the boundaries of the land comprised in the said lease in perpetuity have been altered pursuant to this section, and setting forth a description of such altered boundaries and any alteration in the amount of the rent payable under the said lease by reason of such alteration, the District Land Registrar of the Wellington Land District shall endorse on the registered copy of such lease a memorial setting forth the particulars contained in such certificate.

93 Authorizing transfer to Taranaki Agricultural and Pastoral Society of 10 ½ acres of New Plymouth Rifle Range Reserve as part consideration for Coronation Hall, New Plymouth

Whereas an agreement has been entered into between the Honourable the Minister of Defence and the Taranaki Agricultural and Pastoral Society for the purchase by the Crown of the hall known as the Coronation Hall in the Borough of New Plymouth for the purposes of a drill-hall: And whereas it is desired, as part of the consideration for the sale of the said hall, to transfer to the said society an area not exceeding ten acres and a half, being part of the New Plymouth Rifle Range Reserve: Be it therefore enacted as follows:—

As part of the consideration for the sale to the Crown by the Taranaki Agricultural and Pastoral Society of the building known as the Coronation Hall in the Borough of New Plymouth, the Governor may, by warrant under his hand, authorize the issue of a certificate of title to the Taranaki Agricultural and Pastoral Society for an area not exceeding ten acres and a half, being portion of the land known as the New Plymouth Rifle Range Reserve, situated in Block II, Paritutu Survey District, in the Taranaki Land District, and valued, for the purposes of this section, at the sum of one thousand one hundred and seventy-six dollars.

The words “one thousand one hundred and seventy-six dollars” were substituted, as from 10 July 1967, for the words “five hundred and eighty-eight pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

94 Validating meetings and acts of authority by Dunedin Savings-bank Trustees

Whereas it is provided by section eleven of the Savings-banks Act 1908 (re-enacting the provisions of section fifty-six of the Savings Bank Act 1858), that when a meeting of the trustees of a savings-bank is required for any of the purposes of the said Act the same shall be called by a notice signed by the vice-president, manager, or accountant, and published in one or more of the local newspapers, giving at least three clear days' notice of the time and place of the intended meeting: And whereas the procedure so prescribed has not been adopted in the case of meetings of the trustees of the Dunedin Savings-bank, meetings of the said trustees having been called by circular notice only: And whereas doubts have been raised as to the validity of the acts of the said trustees by reason of the failure to comply with the provisions hereinbefore referred to: Be it therefore enacted as follows:—

Notwithstanding the fact that meetings of the Trustees of the Dunedin Savings-bank have not been called in the manner prescribed by section eleven of the Savings-bank Act 1908, or the corresponding provisions of any former Act, the said meetings, and all elections, appointments, rules, regulations, instruments, and generally all acts of authority held, made, executed, or done by the said trustees, shall for all purposes be as valid and effectual as if the meetings of the said trustees had been duly called in the manner prescribed.

95 Authorizing the exchange of certain lands in the Borough of Oamaru

(1) The Governor is hereby empowered, by warrant under his hand, to cancel the reservation as sites for public buildings or other purposes of the General Government over the land described in subsection two hereof, and the reservation for the purposes of a market over the land described in subsection three hereof, and by way of exchange for the lands described in subsection three hereof to transfer the said first-mentioned land to the Corporation of the Borough of Oamaru, to be held by the said Corporation as a municipal endowment; and the Oamaru Borough Council is hereby authorized to convey to the Crown for the purposes of a police-station the lands described in the said subsection three:

Provided that such warrant shall be issued only on the payment by the said Council of the sum of four thousand dollars by way of equality of exchange.

(2) The lands to be transferred to the Corporation of the Borough of Oamaru as aforesaid are particularly described as follows:—

All that area in the Borough of Oamaru, containing by admeasurement three roods nine perches, more or less, being part of Block XCV: bounded towards the east by Thames Street, 309 links; and towards the north, west, and south by other part of the said Block XCV, 261 links, 309 links, and 261 links respectively: as the same is delineated on the plan marked 13/1063, deposited in the office of the Commissioner of Police at Wellington, and thereon coloured red.

(3) The lands to be transferred to the Crown as aforesaid are Sections Nos 6, 7, and 8 of Block XXV, in the Borough of Oamaru.

The words “four thousand dollars” were substituted, as from 10 July 1967, for the words “two thousand pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

96 Power to Ocean Beach Domain Board to regulate bathing

[Repealed]

Section 96 was repealed, as from 18 December 1992, by section 5 Ocean Beach Public Domain (Repeal and Vesting) Act 1992 (1992 No 7(L)).

97 Validating agreement between Crown and Invercargill Borough relating to reclamation of New River Estuary, &c

(1) The agreement set out in subsection eight hereof is hereby validated, and shall have effect according to its tenor.

(2) The land to be transferred to the Crown pursuant to clause 4 of the said agreement is particularly described as follows:—

All that piece of land, containing six hundred and fifty-one acres three roods sixteen perches, be the same a little more or less, being Lot 7 on the plan of subdivision of part of Section 19, Block XXI, and parts of Sections 10 and 158, Block XV, Invercargill Hundred, deposited in the office of the Chief Surveyor at Invercargill as No 93.

(3) On production of a copy of this Act to the District Land Registrar the said Registrar shall issue a certificate of title in favour of the Crown for the area described in the last preceding subsection.

(4) The Governor is hereby empowered, by warrant under his hand, to authorize the issue of a certificate of title to the Corporation of the Borough of Invercargill for the land described in subsection five hereof by way of exchange for the land described in subsection six hereof, and the Invercargill Borough Council is hereby authorized to transfer the last-mentioned land to the Crown.

(5) The land to be transferred to the said Corporation pursuant to the last preceding subsection is particularly described as follows:—

All that area in the Borough of Invercargill, containing by admeasurement about one rood, being part of Prison Reserve: bounded towards the north and north-east by the other part of that reserve, towards the south by Victoria Avenue, and towards the west by the Invercargill-Kingston Railway Reserve: as the same is delineated on the plan marked PD 1913/81A, deposited in the office of the Department of Justice at Wellington, and thereon bordered red.

(6) The land to be transferred to the Crown pursuant to subsection four hereof is particularly described as follows:—

All that area in the Borough of Invercargill, containing about one acre, being part of an area yet to be reclaimed within the angle formed by the continuation of Victoria Avenue and the prison viaduct on the north and the course of the Waihopai River on the west.

(7) The Minister of Justice is hereby authorized to lay and run a permanent tramway along Victoria Avenue, in the Borough of Invercargill, between such points as are agreed on between the said Minister and the Invercargill Borough Council.

(8) The agreement referred to in subsection one hereof is as follows:—

Memorandum of agreement, made and entered into this twenty-ninth day of January, one thousand nine hundred and ten, between the Honourable John George Findlay, Minister of Justice for the Dominion of New Zealand, acting for and on behalf of His Majesty the King, in right of his said Dominion (hereinafter termed the Minister), of the one part, and the Mayor, Councillors, and Burgesses of the Borough of Invercargill (who with its successors and assigns is hereinafter termed the Corporation) of the other part: Witnesseth that the parties hereto do hereby covenant and agree the one with the other of them as follows:—

1. That in order to reclaim that portion of the New River Estuary lying to the north of the Otatara Land Company's Tramway Bridge over the Waihopai Estuary it is agreed that such reclamation shall be carried out by the construction of banks or walls along the line of the said Tramway Bridge and on both sides of the said river, as the said work is more particularly described in the Schedule hereto, the nature of the embankment to vary as occasion shall require.

2. That the said work shall be carried out by prison labour, under the direction or control of the keeper for the time being of the Gaol at Invercargill, subject to the approval of the District Engineer stationed at Dunedin for the time being.

3. That all plant, tools, engines, dredges, horses, trollys, and materials, including all stone, earth, spoil, or filling necessary for the construction of the work, shall be supplied or provided by the Corporation free of cost to the Minister or the Government of the Dominion, and shall be delivered as required at the works, it being the express intention of the parties hereto that labour—to the extent of prison labour available—only is to be supplied by the Minister, such labour to include the felling, cutting, preparing, and filling into trucks of all timber, piles, fascines, stone, earth, spoil, and filling-material procurable at Otatara or otherwise near the locality of the works.

4. That in consideration of the premises the Crown is to receive six hundred and fifty acres of the land so reclaimed on one block opposite the site of the new prison at Invercargill; and the Corporation agrees to execute all instruments and take all steps necessary for vesting the said land in the Crown free from all incumbrances.

As witness the hands of the said parties the day and year first above written.

SCHEDULE

(Description of Work)

The reclamation of an area of two thousand two hundred and twenty acres or thereabouts of land forming portion of the estuary of New River on both the west and east sides thereof, and situated to the north of the Otatara Land Company's Tramway Bridge over the Waihopai Estuary, according to plan lodged with the Public Works Department and numbered 25294, the construction of necessary embankments, drains, flood-gates, and other incidental works; estimated time required to complete said work, four to five years.

Subsection (2) was amended, as from 11 November 1920, by substituting the words “that piece of land, containing six hundred and fifty-one acres three roods sixteen perches, be the same a little more or less, being Lot 7 on the plan of subdivision of part of Section 19, Block XXI, and parts of Sections 10 and 158, Block XV, Invercargill Hundred, deposited in the office of the Chief Surveyor at Invercargill as No 93” for the words “that area in the Southland Land District, containing by admeasurement six hundred and fifty acres, more or less, being part of Section No 19, Block XXI, Invercargill Hundred: bounded towards the north by other part of Section No 19; and towards the east, south, and north-west by public roads: as the same is delineated on the plan marked PD 1913/81, deposited in the office of the Department of Justice at Wellington, and thereon bordered green” pursuant to section 125(1) Reserves and Other Lands Disposal and Public Bodies Empowering Act 1920 (1920 No 75).

98 Authorizing surrender of certain leases from Wellington City Corporation to His Majesty, and issue of a new lease in lieu thereof

Whereas by deed of lease dated the twenty-seventh day of August, nineteen hundred and fourteen, registered No 113569, made between the Mayor, Councillors, and Citizens of the City of Wellington (hereinafter termed the Corporation) of the one part and His Majesty the King of the other part, the Corporation leased to His Majesty the King all that parcel of land forming part of the lands particularly mentioned and described in Schedule 1 to the Wellington Reclaimed Land Act 1871, being Sections Nos 136, 124, 123, 121, and parts of Sections Nos 120 and 122 on the plan of the said lands for the term of fourteen years from the first day of January, nineteen hundred and fourteen, at a yearly rental of one thousand one hunded and twenty dollars, and such lease also provides (inter alia) that His Majesty the King shall be entitled to renewals of the term of the said lease in perpetuity for successive periods of fourteen years at a ground rental to be fixed by arbitration, and that certain buildings shall be erected on the said land within a specified time: And whereas by another deed of lease dated the twenty-seventh day of August, nineteen hundred and fourteen, registered No 113570, made between the Corporation of the one part and His Majesty the King of the other part, the Corporation leased to His Majesty the King all that parcel of land forming part of the land mentioned and described in Schedule 1 to the Wellington Reclaimed Land Act 1871, being Section No 135 on the plan of the said land, for the term of fourteen years from the first day of July, nineteen hundred and fourteen, at the yearly rental of three hundred and fifty dollars, and such lease is in the same terms as the said lease registered No 113569, but contains no building covenants: And whereas by a deed of lease dated the seventh day of September, nineteen hundred and fourteen, registered No 113627, made between the Corporation of the one part and His Majesty the King of the other part, the Corporation leased to His Majesty the King all that piece of land forming part of the land mentioned and described in Schedule 1 to the Wellington Reclaimed Land Act 1871, and being Section No 125 on the plan of the said land, for the term of fourteen years from the thirty-first day of December, nineteen hundred and fourteen, at the yearly rental of two hundred and ten dollars, and such lease provides (inter alia) that new leases of the said land shall be put up to auction every fourteen years in the last year of the term of the current lease at an upset ground rental to be fixed by arbitration, and that any incoming purchaser shall pay to the tenant the value of certain improvements: And whereas His Majesty the King is desirous of obtaining one lease of the whole of the land in lieu of the three leases above mentioned, and that such lease shall be in the same form as the said lease registered No 113569, but that the term of the said lease shall be twenty years from the first day of January, nineteen hundred and fifteen, and the renewal term to be provided for shall be terms of twenty-one years: Be it therefore enacted as follows:—

(1) The Corporation shall grant, and His Majesty the King may accept, in lieu of the said leases registered Nos 113569, 113570, and 113627 one lease of the lands comprised in the said deeds of lease.

(2) The new lease to be granted shall be for a term of twenty years from the first day of January, nineteen hundred and fifteen.

(3) The new lease shall make provision for renewals in perpetuity for successive periods of twenty-one years in the same manner as provided by the said lease registered No 113569.

(4) The lease shall contain the same provisions as the said lease registered No 113569, including the covenants as to building contained in that lease; and the covenants as to building in the new lease shall apply to the whole of the land included in the lease, but the lessee shall not be compellable to expend a greater sum than twenty thousand dollars in the erection of buildings.

(5) The rental under the new lease shall be one thousand six hundred and eighty dollars per annum, payable half-yearly in advance.

(6) The new lease shall come into operation on the first day of January, nineteen hundred and fifteen, or any later date on which it may be executed.

(7) The said three leases registered Nos 113569, 113570, and 113627 shall cease to have any operation as soon as the proposed new lease takes effect.

The words “one thousand one hunded and twenty dollars”, “three hundred and fifty dollars”, “two hundred and ten dollars”, “twenty thousand dollars”, and “one thousand six hundred and eighty dollars” were substituted, as from 10 July 1967, for the words “five hundred and sixty pounds”, “one hundred and seventy-five pounds”, “one hundred and five pounds”, “ten thousand pounds”, and “eight hundred and forty pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

99 Authorizing Wairau Harbour Board to acquire and lease certain lands

Whereas the Wairau Harbour Board (hereinafter in this section called the Board) is desirous of acquiring the lands, tenements, and hereditaments hereinafter in this section described: Be it therefore enacted as follows:—

(1) The Board is hereby empowered to purchase the lands, tenements, and hereditaments hereinafter in this section described, or any of them, or any part or parts thereof respectively.

(2) The Board may enter into a contract or contracts for the purchase of the said lands, tenements, and hereditaments, or any of them, or any part or parts thereof respectively, upon terms providing for payment of the whole or of part or parts of the purchase-moneys at a future date or dates, and for payment of interest upon any unpaid purchase-moneys at a rate not exceeding five dollars per centum per annum.

(3) The Board is hereby empowered to lease the said lands, tenements, and hereditaments, or any part or parts thereof, for any period not exceeding seven years from the date of purchasing the same at such rental and upon such terms and conditions as the Board shall think fit; and it shall not be necessary for the Board to offer any such lease of the said lands, tenements, and hereditaments by public auction or public tender.

(4) If the Board can, on the terms of payment of part of the purchase-money and of mortgage back to the vendor of the land acquired as security for the balance of purchase-money, obtain from the owners of the said land or any part or parts thereof a conveyance or transfer, as the case may be, of the lands agreed to be purchased, the Board is hereby further empowered to mortgage back to the vendor the land acquired, as security for the balance of purchase-money, and to execute any such mortgage.
(5) The lands, tenements, and hereditaments hereinbefore in this section referred to are particularly described as follows:—
- (a) All that parcel of land containing by admeasurement one rood, more or less, situate in the District of Opawa, in the Provincial District of Marlborough, and being part of Section No 47 on the plan of the said District of Opawa: bounded towards the north, 150 links, by a public road; towards the east, 195.4 links, by other part of the same section; and towards the west, 200 links, by the Opawa River, the southern boundary being parallel to the said northern boundary and at a distance therefrom of 195.4 links.
- (b) Firstly, all that parcel of land containing one rood four perches and five-tenths of a perch, more or less, being part of Allotments 12, 13, and 14 on plan deposited in the Land Registry Office at Blenheim as No 440 as a subdivision of part of Section 46 on the plan of the District of Opawa, being the whole of the land comprised in certificate of title Volume 13, folio 204, Marlborough Registry, together with a right of way over the portion of Allotment 12 coloured purple on the said Deposited Plan No 440 which said right of way is appurtenant to the said part of Allotment 12 comprised in the said certificate of title but subject nevertheless to the right of way over the portion of the said Allotment 12 coloured yellow on the said deposited plan for the owners of part of Allotments 12 and 13 comprised in certificate of title, Volume 10, folio 226, Marlborough Registry.
  
  Secondly, all that parcel of land containing twenty-four perches and sixty-four one-hundredths of a perch, more or less, being part of Allotments 6, 7, and 8 of the subdivision of Section 46, District of Opawa, and more particularly shown on plan deposited in the Land Registry Office at Blenheim as No 439, and being the balance of the land comprised in certificate of title, Volume 13, folio 26, Marlborough Registry, subject to drainage rights over the said part Lot 7 created by conveyance No 17796.
  
  Thirdly, all that parcel of land containing one rood eleven perches and fifteen one-hundredths of a perch, more or less, being part of Allotment 8 of the subdivision of Section 46, District of Opawa, and being the balance of the land comprised in certificate of title, Volume 44, folio 251, Marlborough Registry, together with right of way over part Lot 7 of Section 46, District of Opawa, and part Lot 2, Deposited Plan 1663, granted by transfer No 17613 and subject to a right of way over part of Lot 8 created by conveyance No 17796 and subject to Order in Council No K693 imposing a building-line restriction.
  
  Fourthly, all that parcel of land containing one rood eleven perches and ninety-seven one-hundredths of a perch, more or less, being Lot 1 on plan deposited in the Land Registry Office at Blenheim as No 2468, being part Section 46, District of Opawa, and being all the land comprised in certificate of title, Volume 57, folio 287, Marlborough Registry, together with rights of way over part Lot 7 of Section 46, District of Opawa, and part Lot 2, Deposited Plan No 1663, granted by transfer No 17613, and subject to drainage rights created by conveyance No 17796.
- (c) All those parcels of land containing in the aggregate one acre two roods one perch, more or less, being Allotment No 17 and part of Allotments Nos 12, 13, and 14 on plan deposited in the Land Registry Office at Blenheim as No 253, and being also parts of Section No 46 on the public map of the Opawa District, deposited in the office of the Chief Surveyor at Blenheim, together with a right of way appurtenant to the said part of Allotment No 12 contained herein and the part of Allotment No 12 comprised in certificate of title, Volume 13, folio 204; subject nevertheless to a right of way over the portion of Allotment No 12 coloured yellow and over the portions of Allotments Nos 12, 13, and 14 coloured green on the said plan for the owners of Allotments Nos 15 and 16 and part of Allotments Nos 12 and 13 comprised in certificate of title, Volume 10, folio 226: several of the boundaries of the above-described lands are more particularly shown on plans deposited in the said Land Registry Office as Nos 357 and 440, and being the whole of the land comprised in certificate of title entered in Register-book, Volume 13, folio 220, Marlborough Registry.
- (d) All that parcel of land containing one acre three roods thirty-seven perches, more or less, situate in the Town of Blenheim, and being part of Section No 46 on the public map of the District of Opawa, deposited in the office of the Chief Surveyor at Blenheim, and being the whole of the land comprised in certificate of title entered in Register-book, Volume 8, folio 117.
- (e) All that parcel of land containing three roods and thirty-five perches, more or less, being part of Section No 46 delineated on the public map of the District of Opawa, deposited in the office of the Chief Surveyor at Blenheim, and being the whole of the land comprised in certificate of title entered in Register-book, Volume 5, folio 265.
Subsection (5)(b) was substituted, as from 21 October 1959, by section 4(b) Reserves and Other Lands Disposal Act 1959 (1959 No 50). See section 59(2) of that Act as to the transfer dated the twenty-fifth day of July, nineteen hundred and fifty-eight, and registered in the Land Registry Office at Blenheim under Number 29459 from the Wairau Harbour Board to the Corporation of the Borough of Blenheim of the land fourthly described in paragraph (b) of subsection five of section ninety-nine of the Reserves and Other Lands and Public Bodies Empowering Act 1914 being validated and declared to have been lawfully made.

The words “five dollars” were substituted, as from 10 July 1967, for the words “five pounds” pursuant to section 7(2) Decimal Currency Act 1964 (1964 No 27).

100 Increase of amount that may be expended annually by Westport Harbour Board in boring for coal

[Repealed]

Section 100 was repealed, as from 1 April 1921, by section 9 Westport Harbour Act 1920 (1920 No 33).

101 Vesting control of certain foreshore in Point Chevalier Road Board

(1) The Point Chevalier Road Board is hereby empowered to make by-laws regulating the use of the foreshore of that part of the Auckland Harbour which abuts on the harbour boundary of the Board's district, but excluding therefrom the foreshore of Meola and Motions Creeks, and excluding also such part of the foreshore as abuts on the Mental Hospitals Reserve:

Provided that by-laws made under this section shall not come into force unless and until they have been approved by the Minister of Marine.

(2) In such by-laws the Board may prescribe a fine not exceeding twenty dollars for any breach thereof.

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

All that area bounded by lines running in a generally westerly direction from Oakley Creek Bridge down the middle of Oakley Creek to a point approximately four chains east and approximately six chains south of the shore end of Seymour Road; thence north-westerly to a point eight chains west of shore end of Walker Road; thence generally in a northerly direction to a point eight chains west of shore end of Target Street; thence in a north-easterly direction to a point at an assumed low-water mark eight and one-half chains due west from a point on the foreshore one and one-half chains south of Wright's Road; thence in a north-easterly direction to a point three and one-half chains off the foreshore at the Isolation Hospital; thence by a curve of six-chains radius approximately parallel to foreshore, for nine chains approximately; thence to a point on western foreshore of Motions Creek approximately twenty chains north and approximately twenty-three chains east of shore end of Dignan Road (excluding from the area so described the foreshore of Meola and Motions Creeks, and also excluding such part of the foreshore of the Auckland Harbour as abuts on the Mental Hospitals Reserve): as the said area is more particularly delineated on plan marked MD 4341, and thereon coloured pink.

The words “twenty dollars” were substituted, as from 10 July 1967, for the words “ten pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

102 Authorizing transfer of certain land to Crown in trust for Post and Telegraph purposes

Whereas an area of fourteen acres and thirty-six perches, being part of Allotment No 13, Section 12, Suburbs of Auckland, was vested in the Auckland Hospital and Charitable Aid Board by section two of the Auckland Hospital Acts Amendment Act 1907: And whereas a portion of the said area is required as a post-office site: Be it therefore enacted as follows:—

The Auckland Hospital and Charitable Aid Board is hereby authorized to transfer to His Majesty the King, in trust for Post and Telegraph purposes, all that parcel of land containing by admeasurement a quarter of an acre, being Lot No 9, part of Allotment No 13, Section 12, of the Suburbs of Auckland, with a frontage of ninety-four feet to Manukau Road and one hundred and seventy-four feet to Campbell Road, the back boundary being thirty-eight feet and the side boundary between this area and the adjoining land of the Hospital Reserve being one hundred and sixty-five feet.

103 Authorizing sale of portion of endowment by Auckland Harbour Board

The Auckland Harbour Board is hereby authorized to sell by public auction or public tender an area not exceeding thirty-two acres two roods, situated at Devonport, in the Parish of Takapuna, in the Auckland Land District, being portion of an endowment vested in the said Harbour Board; as the same is more particularly delineated on the plan marked MD 4343, deposited in the office of the Marine Department, at Wellington.

104 Authorizing payment by Crown to Wellington Harbour Board in respect of reclamation-works

Whereas by the Wellington Harbour Board Reclamation and Empowering Act 1903, the Wellington Harbour Board is empowered to fill up and reclaim from the sea the land described in Schedule 1 to the said Act (being portion of the bed of the Harbour of Port Nicholson, lying to the eastward of Waterloo Quay, containing an area of twenty-one acres and six perches): And whereas it is further provided by the said Act that, subject to the provisions therein contained, His Majesty shall pay to the Board a proportionate part of the cost of such reclamation and of the retaining-walls on the seaward boundary, and of the sewers and drains within and the roads and approaches upon such reclamation, together with interest thereon from the date of a notice in the Gazette revesting in His Majesty portion of the land reclaimed as aforesaid, or from the date of the completion of the said reclamation (as the case may be): And whereas portion of the reclamation has been performed by the said Board, and an area of three acres one rood fifteen perches and also an area of two acres two roods twelve perches have been revested in the Crown pursuant to section four of the Wellington Harbour Board Reclamation and Empowering Act 1903 Amendment Act 1906: And whereas the Wellington Harbour Board Reclamation and Empowering Act 1903, does not authorize the payment by the Crown of any contribution as interest in respect of the cost of the said reclamation-works accrued during the period of construction, and does not authorize the payment of any moneys by the Crown towards the cost of the construction of the said works or as interest on such cost until the whole of the authorized reclamation has been completed: Be it therefore enacted as follows:—
The Minister of Finance, on behalf of His Majesty, is hereby authorized forthwith to pay to the Wellington Harbour Board, without further appropriation than this section, such sums as he thinks fit (not exceeding in the aggregate the sum of fifty-three thousand dollars),—
- (a) In satisfaction in whole or in part of all claims by the said Harbour Board against His Majesty in respect of the cost of the construction of the said works;
- (b) As interest in respect of the cost of the said works accrued prior to the fourteenth day of November, nineteen hundred and twelve (being the date of the Gazette containing the notice of the revesting in His Majesty of the lands hereinbefore referred to); and
- (c) As interest at the rate of four per centum per annum on the amount referred to in paragraph (a) hereof, as from the said fourteenth day of November, nineteen hundred and twelve.
The words “fifty-three thousand dollars” were substituted, as from 10 July 1967, for the words “twenty-six thousand five hundred pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

105 Authorizing Blenheim Borough Council (without taking poll of ratepayers) to raise loan

The Blenheim Borough Council is hereby empowered and authorized on behalf of the Corporation of Blenheim (without taking a poll of the ratepayers) to raise by way of loan an amount sufficient to pay one-half the cost of part Section No 51, Omaka (forming part of the Town of Blenheim), known as the Waterlea Estate, so that it may be converted into a borough endowment:

Provided that six thousand dollars, part of the said cost or purchase-money amounting approximately to twelve thousand five hundred dollars, be found by one William Pollard, of Delta Station, near Blenheim.

The words “six thousand dollars” and “twelve thousand five hundred dollars” were substituted, as from 10 July 1967, for the words “three thousand pounds” and “six thousand two hundred and fifty pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

106 Jurisdiction of Maori Land Court in regard to the Putiki-Wharanui Block

Whereas the Putiki-Wharanui Block (hereinafter referred to as the said reserve), containing about fifteen hundred and sixty-nine acres, more or less, situated on the right bank of the Wanganui River, was reserved for the benefit of the Maori owners out of the sale to the Crown of the Wanganui Block in the year eighteen hundred and forty-eight: And whereas at the instance of the Maori owners, or some of them, a plan of a proposed township within the said reserve, laying off sections, roads, streets, and other appurtenances, was prepared by a private surveyor many years ago: And whereas the proposals suggested by the said plan were ultimately found to be almost impracticable and were never used or fixed by reliable surveys, although shown on some of the official maps and plans of the said reserve: And whereas other public roads were afterwards lawfully dedicated, or acquired by the Crown, within the said reserve: And whereas the owners of several portions of the said reserve have been ascertained by the Maori Land Court, and Crown grants or certificates of title under the Land Transfer Act have in some instances been issued to them; but from confusion resulting from defective surveys, maps, or plans, or overlapping of boundaries caused in other instances through adoption of roads and streets non-existent otherwise than on paper as boundaries, similar titles cannot, pending adjustment of boundaries, be so issued: And whereas it is expedient that the surveys, maps, or plans in such instances should be revised where necessary and practicable by the omission of such obsolete roads and streets as are found to exist whether on the ground or on paper only, and by adopting such other roads, streets, or appurtenances as are necessary to bring the titles up to the present requirements of the Land Transfer Act, the Public Works Act, the Maori Land Act, or otherwise howsoever: Be it therefore enacted as follows:—

Jurisdiction is hereby conferred upon the Maori Land Court to revise, where necessary, the boundaries of any section or sections within the said reserve for which the Maori Land Court has heretofore made orders on investigation of title, whether Crown grants or certificates of title under the Land Transfer Act have been issued for the same or not, by adjusting overlaps and excluding any roads or streets found to be unnecessary, inconvenient, or non-existent otherwise than on paper, and to lay off any roads, rights-of-way, or appurtenances considered necessary for the convenience of the Maori owners, or as a matter of public utility, and to determine all questions of costs and expenses in giving effect to the provisions of this Act; and any Crown grant or certificate of title affected by any order of the Maori Land Court made under the provisions hereof may be revised and amended accordingly.

The word “Maori” was substituted, as from 27 November 1947, for the word “Native” pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).

The words “Maori Land Court” were substituted, as from 27 November 1947, for the words “Native Land Court” pursuant to section 4(2) Maori Purposes Act 1947 (1947 No 59).

107 Validating agreement for purchase of certain land by Corporation of Eastbourne Borough

Whereas by a certain memorandum of agreement for sale and purchase, made on the first day of August, nineteen hundred and twelve, between George John Clapham (therein described) and the Mayor, Councillors, and Burgesses of the Borough of Eastbourne the said George John Clapham agreed to sell, and the said Mayor, Councillors, and Burgesses of the Borough of Eastbourne agreed to purchase, for the purposes of a public park, all that piece or parcel of land containing sixteen acres and thirty-nine perches, situate in the Provincial District of Wellington, and being part Sections Nos 39 and 41, Harbour District, and all the land mentioned in the said agreement at or for the price or sum of nine hundred dollars and upon the terms and conditions set out in the above-mentioned agreement: And whereas it was a term of such agreement that the Mayor, Councillors, and Burgesses of the Borough of Eastbourne should pay on account of the said purchase-money a deposit of one hundred dollars, the balance of the purchase-money to remain for a term of ten years at five per centum interest: Be it therefore enacted as follows:—

The Mayor, Councillors, and Burgesses of the Borough of Eastbourne are hereby empowered to purchase the said land in terms of the said agreement.

The words “nine hundred dollars” and “one hundred dollars” were substituted, as from 10 July 1967, for the words “four hundred and fifty pounds” and “fifty pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).