The Short Title of this Act is “The Public Reserves Act, 1881.”

In this Act, if not inconsistent with the context,—

Land heretofore granted, reserved, or set apart for any of the purposes mentioned in the First Schedule hereto, by or under the authority of Her Majesty’s Letters Patent or Royal Instructions, or of any Ordinance of New Zealand or of New Munster respectively, or of any Act of the General Assembly, or of any Provincial Ordinance, or by the Governor-in-Chief, Governor, or Lieutenant-Governor, or by the New Zealand Company or its agents, or the Canterbury Association or its agents; and

Any land which has heretofore been granted, reserved, or set apart for any such purposes as aforesaid by any authority whatsoever which in the opinion of the Governor in Council shall be thought sufficient; and

Any land hereafter granted, reserved, or set apart for any such purposes as aforesaid by or under the authority of “The Land Act, 1877,” or any other lawful authority; and

Any land heretofore or hereafter vested in or acquired by Her Majesty or the Governor, or any Superintendent, for any of the purposes aforesaid, by purchase, gift, or otherwise.

All public reserves within the colony shall be divided into the classes named in the several Classes I., II., and III. in the First Schedule hereto respectively.

In the case of any public reserve set apart for any of the purposes comprised. in Class I., whether the same be now vested in Her Majesty or the Governor, or be set apart under the one hundred and forty-fourth section of “The Land Act, 1877,” and whether the same be granted or not, the Governor may, by Order in Council gazetted, do any of the following things:—

In the case of any public reserve now vested in Her Majesty or the Governor, whether the same be granted or not, such reserve not being for one of the purposes comprised in Class I., if there shall, in the opinion of the Governor, be any doubt or uncertainty as to the purpose for which such reserve was set apart, the Governor may, by notice gazetted, define such purpose or purposes as to either the whole or any part of such reserve, subject to the action of the General Assembly as hereinafter mentioned.

In the case of any public reserve now or hereafter vested in Her Majesty or the Governor for any of the purposes comprised in Class II., whether the same be granted or not, and in the case of any reserve made under the authority of section one hundred and forty-four of “The Land Act, 1877,” if it shall, in the opinion of the Governor, be expedient to change the purpose of such reserve or any part thereof from the purpose or presumed purpose for which it was set apart to any other purpose, or if it shall, in the opinion of the Governor, be expedient to exchange any of the land comprised in such reserve for other land of equal value, to be dedicated to one or more of the purposes comprised in the said Class II., the Governor may, by notice gazetted, make such change, exchange, or dedication, as the case may be, and, in such notice, declare the manner and terms thereof, subject to the action of the General Assembly as hereinafter mentioned.

Every notice by the Governor under the two last foregoing sections shall be gazetted during four consecutive weeks, and shall be laid before both Houses of Assembly within ten days of the first publication thereof, if Parliament be then sitting, and, if not, within ten days after the beginning of the then ensuing session.

And the Governor shall notify, in the Gazette, the action of the General Assembly in respect of any such reserve, as the case may require.

No change shall be made in the dedication of any public reserve made or set apart for any of the purposes comprised in Class III. of the First Schedule hereto, except by special Act of the General Assembly in that behalf.

For the purpose of giving full effect to any Order in Council as hereinbefore provided, the Governor may issue such grants, and execute such deeds, assurances, and instruments, as the circumstances of each case may require, and may antevest the legal estate as he may think necessary or advisable.

Any instrument signed, or purporting to be signed, by the Governor, and purporting to define the purpose, or change, exchange, or dedicate any reserve, or part thereof, in pursuance of any such Order in Council, and any notification in the Gazette to the purport aforesaid, shall be conclusive evidence that such definition of purpose, change, exchange, or dedication as the case may be, is duly and lawfully made.

Every Crown grant of a public reserve which has been or hereafter shall be issued or made may be registered under the provisions of “The Land Transfer Act, 1870,” notwithstanding that the trusts of such reserve are expressed or referred to in the Crown grant; and every such Crown grant already registered under “The Land Transfer Act, 1870,” shall, notwithstanding such expressions of trust, be deemed duly registered.

Whenever any grant registered under “The Land Transfer Act, 1870,” does not contain or have expressed therein the trusts of such reserve, and the trusts to which such reserve is to be dedicated shall have been declared by any Order in Council, as hereinbefore provided, the Governor may, by notice in writing, direct the District Land Registrar to indorse on the folium of the register-book constituted by such grant, and on the duplicate thereof, if produced to him for that purpose, a memorial of the trusts of such reserve as expressed in such notice; and the trusts so indorsed shall be deemed the trusts of such reserve, and such trusts shall be deemed as valid and effectual as if set forth in the grant itself.

Every grantee or other person in whom any public reserve has been or hereafter shall be granted or vested as aforesaid shall, notwithstanding registration under “The Land Transfer Act, 1870,” hold such public reserve unto him, and his heirs, successors, and assigns, upon the trusts expressed or referred to in the grant or indorsed thereon.

If such trusts shall, after registration of the grant, be legally changed, revoked, or altered, the District Land Registrar shall, upon being satisfied thereof, enter in the register-book, and also upon the duplicate Crown grant, if the same can be obtained for that purpose, a memorial of the particulars of such change, revocation, or alteration, and the authority whereby such change, revocation, or alteration has been effected, and the day and hour of such entry in the register-book.

From and after such entry, the land the subject thereof shall be discharged from the original trusts, or such of them as shall have been changed, revoked, or altered, and shall be held by the grantees, their heirs, successors, or assigns, upon the substituted trusts (if any) as if such trusts had been originally expressed in the grant.

No District Land Registrar shall, without special authority of law, register or otherwise give effect under “The Land Transfer Act, 1870,” to any dealing with any public reserve except in conformity with the trusts upon which such reserve is held for the time being.

All reserves made, previous to the eighth day of December in the year one thousand eight hundred and seventy-seven, for the endowment of Municipal Corporations, or generally for municipal or other public purposes for any town not being a borough at the time of making such reservation, shall nevertheless be valid, and shall be granted to or vested in the corporate body of such town whenever the same shall become incorporated.

All reserves granted or vested, previous to the day last aforesaid, in the corporate body for the time being of any borough, which may have been or may become incorporated afresh under the provisions of an enactment other than that under which such borough was originally incorporated, shall be deemed to be vested for the same purposes and no other in the corporate body of the said borough under its new incorporation, without any deed or instrument of conveyance or transfer.

Where any land has, previous to the day aforesaid, been lawfully set apart, reserved, or acquired for municipal purposes for any borough outside the limits of such borough, the same shall be granted to or vested in the corporate body of such borough, anything to the contrary in “The Counties Act, 1876,” or “The Municipal Corporations Act, 1876,” notwithstanding.

All reserves made for the use or endowment of a borough, or town not being a borough, or for the recreation of the inhabitants thereof respectively, and which have been granted to the Superintendent of a Province, and have now become vested in Her Majesty under “The Abolition of Provinces Act, 1875,” shall be granted to the corporate body of such borough or town respectively in trust for the same purposes for which such reserves are respectively held at the passing of this Act.

All local bodies, or the trustees to whom any reserve shall be granted, or in whom any reserve shall be vested, shall, in respect of such reserve, have the same rights, powers, and duties as a Commissioner of Crown Lands has in respect of Crown lands.

In respect of any reserve, and any racecourse, they may lease the same or any portion thereof for any term not exceeding twenty-one years, for such rent and upon such terms as they may think fit:

Provided that every such lease shall be disposed of either by public auction or by public tender, as the lessors in each case may think fit:

But this provision of leasing reserves shall not apply to any reserve made for any purpose of public health or recreation.

Nothing in this section contained shall be deemed to annul or derogate from the powers of County Councils to lease ferry reserves on special conditions, under the provisions of section eleven of “The Counties Act Amendment Act, 1880.”

The powers granted to any local body by this Act shall be exercised by the governing authority of such local body, in like manner as such governing authority may exercise any other power on behalf of such local body.

All powers of the Governor, under the provisions of any Act relating to mining, to grant mineral leases or licenses of land containing or supposed to contain minerals other than gold, may be exercised by the Governor in respect of all public reserves not granted or otherwise alienated from the Crown, but subject to the conditions contained in any such Act aforesaid.

Where any reserve heretofore made, or hereafter to be made, shall not for the time being be required for the specific purpose for which the same was originally made, or shall be only partially required for such purpose, it shall be lawful for the Governor to lease such reserve, or any part thereof, upon such terms and conditions as he shall think fit:

Provided always that every such lease shall be disposed of at public auction or public tender, and shall be for not a longer term than fourteen years.

All reserves at any time made for any purpose of public health or recreation,—

May by Order in Council be brought under the operation of, and declared to be subject to, the provisions of “The Public Domains Act, 1881,” and such reserves shall thereafter be managed, administered, and dealt with in manner directed by the said Act; or,

May be vested in or granted to any local body, trustees, or other persons; and any such reserves, or any part thereof, may be enclosed, laid out, and planted, and there may be erected thereon any buildings for ornamental purposes, but not for making any profits therefrom:

Provided always that no disposition shall be made in respect of any such reserve whereby the public shall be excluded from the free access thereto, except that it shall be lawful for the governing authority of such local body, or such trustees or other persons, to lease the same for any period not exceeding three years for the purpose of having the same fenced in or laid down in artificial grass:

Provided also that the provisions of this section relating to management of reserves shall not apply to racecourses.

Licenses may be granted to occupy for pastoral purposes, or for the purpose of cutting, felling, and removing timber or flax, any reserve or part of any reserve, either heretofore made or hereafter to be made, if not required for immediate or early use for the purposes for which it may have been reserved:

By the Land Board within whose jurisdiction any such reserve is situate, in the case of reserves vested in Her Majesty;

By the Governor, or by such fit persons as he shall approve to have the control and management of such reserve, in the case of reserves not granted or vested in any particular manner:

Provided as follows:—

Every such license shall be surrendered to the Governor upon demand at any time after notice of not less than twelve months, without any right to compensation on any account whatever accruing to the licensee:

No such license shall be granted until a survey has been made of the land applied for to the satisfaction of the Governor, who may require the applicant to have such survey made at his own expense, the cost of such survey as shall be fixed by the Governor to be repaid to the person having it made out of the first rent received for the land so surveyed:

Nothing in any such license contained shall affect the right of the Governor to take any part of the lands therein mentioned for the construction of roads, railways, or tramroads through the said land to an extent not exceeding one-twentieth part of such land; and such right may be exercised by the Governor at any time during the currency of the license, and the licensee shall have no claim for compensation except a reduction in his rent in proportion to the extent of land taken.

The Commissioner of Crown Lands for the land district within which any public reserve not granted to or vested in any local body, trustees, or other persons is situate, shall have and exercise over such public reserve all the rights, powers, duties, and functions which such Commissioner has over Crown lands; and, in addition, the following provisions shall be in force:—

When any person without right, title, or license is in occupation of such public reserve as aforesaid, the Commissioner aforesaid, or any person appointed by him, may enter a plaint in the Resident Magistrate’s Court of the district in which the reserve or any part lies to recover possession thereof.

If on the hearing the defendant does not appear, or appears but fails to establish in himself an absolute right and title to the possession, the Court may order him to give up possession and to pay costs.

If possession be not given pursuant to such order, the Resident Magistrate, or any Justice of the Peace, may issue a warrant requiring the bailiff of the Court, or any constable, to give possession of such land to the plaintiff.

The provisions of sections ninety-one, ninety-two, ninety-three, and ninety-five of “The Resident Magistrates Act, 1867,” shall apply to any proceedings under this subsection.

Any person who without right, title, or license allows any cattle, horses, or other animals to trespass upon any such public reserve as aforesaid, or who without right, title, or license shall fell, remove, or sell any timber growing or being thereon, or otherwise unlawfully trespasses on such public reserve, shall be liable to a penalty not exceeding fifty pounds, recoverable in a summary way.

No person shall be convicted under this subsection except on the information of the Commissioner aforesaid, or any person appointed in writing by him.

Wherever in any Act now in force reference is made to any Act or part of an Act hereby repealed, such first-mentioned Act shall take effect and operate as if this Act had been referred to therein instead of any such repealed Act or part of Act.

The Acts and parts of Acts enumerated in the Second Schedule hereto are hereby repealed; but this repeal shall not affect—

Anything already done or suffered; or

Any right or title already acquired or accrued:

And all grants, leases, licenses, and other instruments, and contracts made, granted, entered into, and all things done, under the authority or in pursuance of the enactments hereby repealed, shall be deemed to have been respectively made, granted, entered into, or done, and may be continued and perfected, under this Act.