Reserves and Other Lands Disposal Act 1983
Reprint
as at 19 July 1990
Reserves and Other Lands Disposal Act 1983
| Public Act | 1983 No 148 |
| Date of assent | 16 December 1983 |
| Commencement | see section 1(2) |
Note
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by Land Information New Zealand.
Contents
1 Short Title and commencement
4 Increasing membership of Queen Elizabeth Park Domain Board [Repealed]
6 Marlborough Harbour Board endowment lands
An Act to provide for various matters relating to Crown land, reserves, and other land held for public or special purposes
1 Short Title and commencement
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(1) This Act may be cited as the Reserves and Other Lands Disposal Act 1983.
(2) This Act shall come into force on the 28th day after the date on which it receives the Governor-General's assent.
2 State forests
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Whereas the land to which this section relates is State forest land subject to the Forests Act 1949: And whereas it is desired that it should be declared to be Crown land subject to the Land Act 1948: And whereas section 19(1) of the Forests Act 1949 prohibits the revocation of the setting apart of land as State forest land except by Act of Parliament: Be it therefore enacted as follows:
(1) The setting apart of the land to which this section relates as State forest land is hereby revoked, and the land is hereby declared to be Crown land subject to the Land Act 1948.
(2) This section relates to the following land:
(a) all that piece of land situated in the North Auckland Land District, Mangonui County, comprising 690.5600 hectares, more or less, being Part Lot 2, DP 63209, situated in Blocks I and V, Muriwhenua Survey District, and Blocks IV and VIII, Muriwhenua West Survey District, being part of the land comprised and described in certificate of title, Volume 20C, folio 799, (shown marked
“A”
on SO Plan 55674) together with and subject to a right of way for defence purposes created by Proclamation 11625 (North Auckland Registry):
(b) all that piece of land situated in the North Auckland Land District, Whangarei County, comprising 75.4000 hectares, more or less, being Part Sections 9A and 20, Block V, Opuawhanga Survey District, being part of the land comprised and described in the Gazettes of 1953 at page 2008, and 1968 at page 2 (shown marked
“A”
on SO Plan 57296):
(c) all that piece of land situated in the Gisborne Land District, Waikohu County, comprising 120.5000 hectares, more or less, being Section 5, Block X, Ngatapa Survey District, being part of the land comprised and described in the Gazette of 1905 at page 2765 (SO Plan 7441):
(d) all that piece of land situated in the South Auckland Land District, Taumarunui County, comprising 11.2700 hectares, more or less, being Part Section 1, Block III, Tahua Survey District, being part of the land comprised and described in certificate of title, Volume 469, folio 159 (South Auckland Registry):
(e) all that piece of land situated in the South Auckland Land District, Taupo Borough, comprising 1 975 square metres, more or less, being Sections 145 and 151, Block II, Tauhara Survey District, being part of the land comprised and described in the Gazette of 1969 at page 216 (SO Plan 44162):
(f) all that piece of land situated in the South Auckland Land District, Taupo County, comprising 7.6828 hectares, more or less, being Section 6, Block VIII, Maruanui Survey District, being part of the land comprised and described in certificate of title, Volume 20C, folio 1248 (South Auckland Registry):
(g) all that piece of land situated in the Hawke's Bay Land District, Wairoa County, comprising 1 570 square metres, more or less, being Section 40, Block XI, Mohaka Survey District, together with a right of way over Section 43, Block XI, Mohaka Survey District, being the land comprised and described in the Gazette of 1974 at page 2990 (shown coloured blue on SO Plan 6263):
-
(h) all those pieces of land situated in the Wellington Land District, Waimarino County:
(i) comprising 2 024 square metres, more or less, being Sections 4 and 5, Town of Ninia, situated in Block VI, Karioi Survey District, being all of the land comprised and described in the Gazette of 1949 at page 693 (SO Plan 15517):
(ii) comprising 8 094 square metres, more or less, being Section 16, Town of Ninia, situated in Block VI, Karioi Survey District, being all of the land comprised and described in the Gazette of 1949 at page 1617 (SO Plan 15517):
(i) all that piece of land situated in the Wellington Land District, Masterton County, comprising 98.0375 hectares, more or less, being Section 1078, Whareama District, situated in Block IV, Rewa Survey District, and Block XI, Castlepoint Survey District, being part of the land comprised and described in certificate of title, Volume 20C, folio 152 (Wellington Registry):
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(j) all those pieces of land situated in the Nelson Land District, Waimea County:
(i) comprising 1 132 square metres, more or less, being Part Lot 8, DP 7855, situated in Block III, Tadmor Survey District, being part of the land comprised and described in the Gazette of 1973 at page 746 (to be known as Section 141, Block III, Tadmor Survey District) (SO Plan 13306):
(ii) comprising 2 000 square metres, more or less, being Part Lot 8, DP 7855, situated in Block III, Tadmor Survey District, being part of the land comprised and described in the Gazette of 1973 at page 746 (to be known as Section 142, Block III, Tadmor Survey District) (SO Plan 13306):
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(k) all those pieces of land situated in the Nelson Land District, Inangahua County:
(i) comprising 8.5710 hectares, more or less, being Part State forest situated in Block X, Reefton Survey District, being part of the land comprised and described in the Gazette of 1959 at page 343 (shown marked
“A”
on SO Plan 13279):
(ii) comprising 45.0000 hectares, more or less, being Part State forest situated in Block X, Reefton Survey District, being part of the land comprised and described in the Gazette of 1959 at page 343 (shown marked
“B”
on SO Plan 13279):
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(l) all those pieces of land situated in the Canterbury Land District, Hurunui County:
(i) comprising 13.9800 hectares, more or less, being Rural Section 41590 (formerly Reserve 1256, Part Reserve 1679, and Part Rural Section 35163), Block IV, Waikari Survey District, being all the land comprised and described in certificate of title, Volume 475, folio 81, and part of the land comprised and described in the Gazette of 1940 at page 1329 (SO Plan 15769):
(ii) comprising 25.4900 hectares, more or less, being Rural Section 41591 (formerly Part Reserve 1679), Block IV, Waikari Survey District, being part of the land comprised and described in the Gazette of 1940 at page 1329 (SO Plan 15769):
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(m) all those pieces of land situated in the Westland Land District, Grey County:
(i) comprising 1.7942 hectares, more or less, being Part Reserve 1701, situated in Block XIII, Ahaura Survey District, being part of the land comprised and described in the Gazette of 1930 at page 3125 (shown marked
“C”
on SO Plan 10387):
(ii) comprising 1.0581 hectares, more or less, being Part Reserve 1701, situated in Block XIII, Ahaura Survey District, being part of the land comprised and described in the Gazette of 1930 at page 3125 (shown marked
“E”
on SO Plan 10387):
(iii) comprising 999.0700 hectares, more or less, being Part Reserves 1701 and 1715, and Part Rural Sections 2665 and 3215, situated in Blocks XIII, Ahaura, and I and II, Kopara Survey Districts, being part of the land comprised and described in the Gazettes of 1930 at page 3126, 1940 at page 1789, and 1945 at page 383 (shown marked
“G”
on SO Plan 10387):
(iv) comprising 26.6600 hectares, more or less, being Part Reserve 1715, situated in Block I, Kopara Survey District, being part of the land comprised and described in the Gazette of 1930 at page 3126 (shown marked
“H”
on SO Plan 10387):
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(n) all those pieces of land in the Westland Land District, Grey County:
(i) comprising 36.0000 hectares, more or less, being Part Reserve 1575, situated in Block VII, Kopara Survey District, being part of the land comprised and described in the Warrant described in section 61 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act, 1921–22 (SO Plan 10707):
(ii) comprising 44.0000 hectares, more or less, being Part Reserve 1660, situated in Block VII, Kopara Survey District, being part of the land comprised and described in the Gazette of 1919 at page 1289 (SO Plan 10707):
(o) all that piece of land situated in the Westland Land District, Westland County, comprising 150.6200 hectares, more or less, being Rural Sections 6349, 6350, and 6351 (formerly Part Reserves 1620, 1678, and 1745), situated in Blocks X and XI, Waimea Survey District, being part of the land comprised and described in the Gazette of 1957 at page 1285 (SO Plan 10583):
(p) all that piece of land situated in the Westland Land District, Westland County, comprising 2.3330 hectares, more or less, being Rural Section 6437 (formerly Part Reserve 1668), situated in Block I, Totara Survey District, being part of the land comprised and described in the Gazette of 1919 at page 1288 (SO Plan 10706):
(q) all that piece of land in the Westland Land District, Westland County, comprising 1 316 square metres, more or less, being Part Reserve 1687, situated in Block VIII, Abbey Rocks Survey District, being part of the land comprised and described in the Gazette of 1919 at page 1285 (SO Plan 10705):
(r) all that piece of land in the Otago Land District, Milton Borough, comprising 2 166 square metres, more or less, being Lots 5, 31, and 33, DP 7609, being Part Section 102, Block XII, Tokomairiro Survey District, being part of the land comprised and described in the Gazette of 1965 at page 1813 and all the land comprised and described in the Gazette of 1966 at page 344:
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(s) all those pieces of land in the Otago Land District, Clutha County:
(i) comprising 134.7000 hectares, more or less, being Part Sections 7, 8, 9, and 10, Block I, Tautuku Survey District, being part of the land comprised and described in the Gazette of 1939 at page 238 (shown marked
“A”
on SO Plan 20521):
(ii) comprising 1.4000 hectares, more or less, being State forest, situated in Block X, Rimu Survey District, being part of the land comprised and described in the Gazette of 1938 at page 983 (shown marked
“B”
on SO Plan 20521):
(iii) comprising 145.3700 hectares, more or less, being Sections 11, 16, and Part Sections 12 and 13, Block I, Tautuku Survey District, being part of the land comprised and described in the Gazette of 1939 at page 238 (shown marked
“A”
on SO Plan 20522):
(iv) comprising 2.1000 hectares, more or less, being Part Section 12, Block I, Tautuku Survey District, being part of the land comprised and described in the Gazette of 1939 at page 238 (shown marked
“B”
on SO Plan 20522):
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(t) all those pieces of land in the Southland Land District, Wallace County:
(i) comprising 751.0000 hectares, more or less, being Part State forest, situated in Block XIII, Mavora Survey District, and Block VIII, Blackhill Survey District, being part of the land comprised and described in the Gazettes of 1920 at page 935, and 1975 at page 1299 (shown marked
“A”
on SO Plan 10364):
(ii) comprising 1 032.0000 hectares, more or less, being Part State forest, situated in Blocks XII and XIII, Mavora Survey District, and Block VIII, Blackhill Survey District, being part of the land comprised and described in the Gazettes of 1934 at page 2195, and 1975 at page 1299 (shown marked
“B”
on SO Plan 10364):
(iii) comprising 84.0000 hectares, more or less, being Part State forest, situated in Block VIII, Blackhill Survey District, and Block XIII, Mavora Survey District, being part of the land comprised and described in the Gazettes of 1934 at page 2195, and 1975 at page 1299 (shown marked
“C”
on SO Plan 10364):
(iv) comprising 2.0000 hectares, more or less, being Part State forest, situated in Block XII, Mavora Survey District, being part of the land comprised and described in the Gazettes of 1934 at page 2195, and 1975 at page 1299 (shown marked
“D”
on SO Plan 10364):
(u) all that piece of land in the Southland Land District, Southland County, comprising 216 hectares, more or less, being Part Eyre State Forest, situated in Blocks XXXII, XXXIII, and XXXVII, Eyre Survey District, being part of the land comprised and described in the Gazette of 1920 at page 2846 (shown marked in bold black lines on SO Plan 10360):
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(v) all those pieces of land in the Southland Land District, Wallace County:
(i) comprising 2.6153 hectares, more or less, being Part Section 166, Block X, Takitimu Survey District, being part of the land comprised and described in the Gazette of 1886 at page 253 (shown marked
“A”
on SO Plan 10401):
(ii) comprising 3.1492 hectares, more or less, being Part Section 166, Block X, Takitimu Survey District, being part of the land comprised and described in the Gazette of 1886 at page 253 (shown marked
“B”
on SO Plan 10401):
(iii) comprising 6 873 square metres, more or less, being Part Section 166, Block X, Takitimu Survey District, being part of the land comprised and described in the Gazette of 1886 at page 253 (shown marked
“C”
on SO Plan 10401):
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(w) all those pieces of land in the Southland Land District, Southland County:
(i) comprising 19.3100 hectares, more or less, being Part State forest, situated in Blocks VIII and XI, Mokoreta Survey District, being part of the land comprised and described in the Gazette of 1937 at page 1521 (shown bordered in bold black lines on SO Plan 8928):
(ii) comprising 9.1060 hectares, more or less, being Part State forest, situated in Block XI, Mokoreta Survey District, being part of the land comprised and described in the Gazette of 1937 at page 1521 (shown bordered in bold black lines on SO Plan 8928).
3 Auckland Harbour Board land
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Whereas the land to which this section relates is foreshore vested in the Auckland Harbour Board: And whereas the Auckland Harbour Board wishes to transfer the land to the Mount Roskill Borough Council: And whereas sections 150 and 151 of the Harbours Act 1950 prohibit the transfer of foreshore without the authority of an Act of Parliament: Be it therefore enacted as follows:
(1) The land to which this section relates is hereby vested in the Mount Roskill Borough Council as a recreation reserve subject to the Reserves Act 1977.
(2) This section relates to all that piece of land in the North Auckland Land District, Mount Roskill Borough, comprising 1 520 square metres, more or less, being Lot 3, DP 92189 situated in Block VIII, Titirangi Survey District, and being all the land comprised and described in certificate of title Volume 48D, folio 645 (North Auckland Registry).
4 Increasing membership of Queen Elizabeth Park Domain Board
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[Repealed]
Section 4: repealed, on 19 July 1990, by section 41(f) of the Conservation Law Reform Act 1990 (1990 No 31).
5 Abel Tasman National Park
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Whereas the land to which this section relates is included in the Abel Tasman National Park: And whereas the land is being farmed and does not meet the criteria established for National Park status: And whereas it is desired to exclude the land from the National Park: And whereas section 11(1) of the National Parks Act 1980 prohibits the exclusion of land from a National Park except by Act of Parliament: Be it therefore enacted as follows:
(1) The land to which this section relates is hereby excluded from the Abel Tasman National Park.
(2) This section relates to all those pieces of land in the Nelson Land District, Golden Bay County—
(a) comprising 2 010 square metres, more or less, being Part Lot 1, DP 5732, situated in Block III, Totaranui Survey District, being part of the land comprised and described in the Gazette of 1959 at page 1074 (to be known as Section 47, Block III, Totaranui Survey District. SO Plan 13326; subject to final survey):
(b) comprising 1.2400 hectares, more or less, being Part Lot 1, DP 5732, situated in Block III, Totaranui Survey District, being part of the land comprised and described in the Gazette of 1959 at page 1074 (to be known as Section 48, Block III, Totaranui Survey District. SO Plan 13326; subject to final survey):
(c) comprising 871 square metres, more or less, being Part Lot 1, DP 5732, situated in Block III, Totaranui Survey District, being part of the land comprised and described in the Gazette of 1959 at page 1074 (to be known as Section 49, Block III, Totaranui Survey District. SO Plan 13326; subject to final survey).
6 Marlborough Harbour Board endowment lands
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Whereas the land to which this section relates comprises part of the land vested in the Wairau Harbour Board in trust, without power of sale, as an endowment for harbour purposes under section 79(1) of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1910: And whereas the assets, liabilities, rights, powers, functions, duties, and authorities of the Wairau Harbour Board have been vested in the Marlborough Harbour Board (in this section referred to as the Board) by an Order in Council made under section 14 of the Marlborough Harbour Act 1958: And whereas it is desired to confer upon the Board the power to sell or exchange the land under section 143C of the Harbours Act 1950: Be it therefore enacted as follows:
(1) Notwithstanding section 79(1) of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1910, the Board may sell or exchange all or part of the land to which this section relates under section 143C of the Harbours Act 1950.
(2) This section relates to all those pieces of land situated in the Marlborough Land District, Marlborough County, comprising 1 924.3541 hectares, more or less, being Section 1, Block XVII, Cloudy Bay Survey District, and Part Marlborough Harbour Board Endowment, situated in Blocks IV, VIII, and XII, Cloudy Bay Survey District, and Blocks I, II, and III, Clifford Bay Survey District, being all the land comprised and described in certificate of title Volume 1D, folio 140, and the balance of the land comprised and described in certificate of title Volume 17, folio 146 (Marlborough Registry) (SO Plans 178, 5897 and 5898).
7 T D Burnett private burial ground
Amendment(s) incorporated in the Act(s).
8 Entries in registers
District Land Registrars are hereby authorised and directed to make such entries in their respective registers, and do all such other things, as may be necessary to give full effect to the provisions of this Act.
Contents
1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
Notes
1 General
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This is a reprint of the Reserves and Other Lands Disposal Act 1983. The reprint incorporates all the amendments to the Act as at 19 July 1990, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/
.
2 Status of reprints
-
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
3 How reprints are prepared
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/
or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
-
Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as
“of this section”
and“of this Act”
)•typeface and type size (Times Roman, generally in 11.5 point)
-
•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as
“the 1st day of January 1999”
is now expressed as“1 January 1999”
)•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
-
•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).
5 List of amendments incorporated in this reprint (most recent first)
Conservation Law Reform Act 1990 (1990 No 31): section 41(f)