Reserves and Other Lands Disposal Act 1984
Reprint
as at 14 December 1984
Reserves and Other Lands Disposal Act 1984
| Public Act | 1984 No 16 |
| Date of assent | 13 December 1984 |
| 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
2 Tongariro National Park; State Highway 1 deviation
3 Tongariro National Park; Ohakune-Horopito railway deviation
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
-
(1) This Act may be cited as the Reserves and Other Lands Disposal Act 1984.
(2) This Act shall come into force on the 28th day after the date on which it receives the Governor-General's assent.
2 Tongariro National Park; State Highway 1 deviation
Whereas the land to which this section relates is included in the Tongariro National Park: And whereas the land is required for roading purposes in order to improve the route of State Highway 1 between Waiouru and Turangi: 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: And whereas it is considered desirable that in changing the route of the road the principles that apply to national parks should be followed as far as practicable on the land excluded from the Park: And whereas upon completion of the change of route of the road parts of the land excluded from the Park and parts of the land at present used as road will no longer be required for roading purposes and should be made available for inclusion in the Tongariro National Park: Be it therefore enacted as follows:
(1) The land to which this section relates is hereby excluded from the Tongariro National Park and vested in Her Majesty the Queen subject to the Public Works Act 1981.
(2) The Minister of Works and Development shall consult with the Minister of Lands concerning any works to be carried out on the land excluded from the Tongariro National Park by this section with a view to ensuring that the principles that apply to national parks are followed so far as practicable on that land during the construction of the change of route of the road and the completion of restoration work.
(3) The Ministry of Works and Development shall not carry out or allow any works to be carried out under its authority on the land excluded from the Tongariro National Park by this section unless the consultation referred to in subsection (2) has been completed.
(4) Notwithstanding anything in section 40 of the Public Works Act 1981, on the completion of the change of route of the road on the land excluded from the Tongariro National Park by this section, all parts of that land and the land that was formerly road that are not required for roading purposes shall be offered to the Minister of Lands for consideration in accordance with section 7 of the National Parks Act 1980 of its suitability for inclusion in the Tongariro National Park; and, for the purposes of that section but for no other purpose, the land so offered shall be deemed to be Crown land subject to the Land Act 1948.
(5) This section relates to all that piece of land in the Wellington Land District, Taupo County, comprising 8 990 square metres, more or less, being Part Rangipo North 4B, situated in Block XV, Pihanga Survey District, being part of the land comprised and described in the Gazette of 1953 at page 1767 (shown marked
“A”
on SO Plan 34000).
3 Tongariro National Park; Ohakune-Horopito railway deviation
Whereas the New Zealand Railways Corporation is empowered by the New Zealand Railways Corporation Act 1981 and an Order in Council made pursuant to section 164 of the Public Works Act 1981 and published in the Gazette of 1984 at page 3240 to change the route of the North Island Main Trunk railway between Ohakune and Horopito: And whereas some of the existing railway runs through or alongside the Tongariro National Park between Ohakune and the western boundary of the Park near Horopito on land that is vested in Her Majesty the Queen for railway purposes (in this section referred to as the existing railway land): And whereas in order to change the route of the railway it will be necessary to carry out works in the Park and to construct the railway in part on the existing railway land and in part within parts of the Park that are not within the existing railway land: And whereas it is expedient that the land referred to in subsection (6) (in this section referred to as the new railway land) should be excluded from the Tongariro National Park and vested in Her Majesty the Queen for railway purposes: 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: And whereas it is considered desirable that in changing the route of the railway the principles that apply to national parks should be followed as far as practicable on the existing railway land and the new railway land: And whereas upon completion of the construction of the change of route of the railway parts of the existing railway land and the new railway land will no longer be required for railway purposes and should be made available for inclusion in the Tongariro National Park: Be it therefore enacted as follows:
(1) The land referred to in subsection (6) is hereby excluded from the Tongariro National Park and vested in Her Majesty the Queen for railway purposes.
(2) The Minister of Railways shall consult with the Minister of Lands concerning any works to be carried out on the existing railway land or the new railway land, with a view to ensuring that the principles that apply to national parks are followed so far as practicable on that land during the construction of the change of route of the railway and the completion of restoration work.
(3) The New Zealand Railways Corporation shall not carry out or allow any works to be carried out under its authority on the existing railway land or the new railway land unless the consultation referred to in subsection (2) has been completed.
(4) Notwithstanding section 40 of the Public Works Act 1981 and section 24 of the New Zealand Railways Corporation Act 1981, on the completion of the change of route of the North Island Main Trunk railway between Ohakune and Horopito, all parts of the existing railway land and the new railway land that are or were adjacent to the North Island Main Trunk railway between Ohakune and the western boundary of the Tongariro National Park near Horopito and are not required for the continued operation of that railway shall be offered to the Minister of Lands for consideration in accordance with section 7 of the National Parks Act 1980 of its suitability for inclusion in the Tongariro National Park; and, for the purposes of that section but for no other purpose, the land so offered shall be deemed to be Crown land subject to the Land Act 1948.
(5) Those parts of the existing railway land and the new railway land that are to be included in the Tongariro National Park in accordance with section 7 of the National Parks Act 1980 and those parts of the existing railway land and the new railway land that are not to be so included shall be defined by survey as soon as practicable after the construction of the change of route of the railway is completed, and the intended status of the land is known.
(6) Subsection (1) applies to all those areas of land comprising approximately 1.8 hectares, 8.6 hectares, 5.0 hectares, 2.3 hectares, 13.9 hectares, 9.6 hectares, and 5.0 hectares, being part of the land comprised and described in the Gazette of 1972 at page 1643, and shown marked
“A1”
,“A2”
, and“A3”
on SO Plan 33961 and“A4”
,“A5”
,“A6”
, and“A7”
on SO Plan 33962 respectively, which plans are lodged in the office of the Chief Surveyor at Wellington.
4 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 1984. The reprint incorporates all the amendments to the Act as at 14 December 1984, 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
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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
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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
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•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).