Act Repealed Latest version as at 02 November 1901 (as enacted) | 1901 No 17

Palmerston North Reserves Act Amendment Act 1901

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Contents

Preamble.

Short Title.

Land included in First Schedule may be leased.

Land included in Second Schedule vested in Wanganui Education Board.

Land included in Third Schedule vested in Corporation.

Gravel-pit reserve may be sold.

FIRST SCHEDULE Esplanade

SECOND SCHEDULE

THIRD SCHEDULE Right-of-way

FOURTH SCHEDULE Gravel-pit Reserve

Palmerston North Reserves Act Amendment Act 1901

Local Act		1901 No 17
Date of assent		2 November 1901

	Title
	Preamble.
1	Short Title.
2	Land included in First Schedule may be leased.
3	Land included in Second Schedule vested in Wanganui Education Board.
4	Land included in Third Schedule vested in Corporation.
5	Gravel-pit reserve may be sold.
	FIRST SCHEDULE Esplanade
	SECOND SCHEDULE
	THIRD SCHEDULE Right-of-way
	FOURTH SCHEDULE Gravel-pit Reserve

An Act for the more effectual Management of certain Reserves in the Borough of Palmerston North.

Preamble.

WHEREAS under the provisions of “The Wellington Reserves Act 1876 Amendment Act, 1877,” certain lands the boundaries whereof are set forth in the First Schedule of “The Palmerston North Reserves Act, 1890,” were granted to the Mayor, Councillors, and Burgesses of the Borough of Palmerston North (hereinafter called “the Corporation”) for an estate in fee-simple in trust for the use and benefit of the inhabitants of Palmerston North and the vicinity thereof as a public park and recreation-ground and botanical gardens: And whereas under the provisions of “The Palmerston North Reserves Act, 1890,” the Council of the Corporation is empowered to lease all or any portion of the said land in manner provided, and subject to the conditions and restrictions therein contained: And whereas by reason of sections one hundred and ninety-six and two hundred and one of “The Municipal Corporations Act, 1900,” the said Council is precluded from letting such land in manner provided in Part XXI. (exclusive of sections one hundred and ninety-six and two hundred and one) of the last-mentioned Act: And whereas it is desirable to allow the said land to be leased by the said Council otherwise than in the manner provided by “The Palmerston North Reserves Act, 1890,” and also to make certain provisions respecting other lands in the said borough:

Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title.

The Short Title of this Act is “The Palmerston North Reserves Act Amendment Act, 1901.”

2 Land included in First Schedule may be leased.

Notwithstanding anything contained in “The Palmerston North Reserves Act, 1890,” or elsewhere, the Council of the said Borough of Palmerston North may let the whole or any portion of the land the boundaries whereof are set forth in the First Schedule to “The Palmerston North Reserves Act, 1890” (other than the lands the boundaries whereof are set forth in the First Schedule hereto), in manner provided in and by Part XXI. of “The Municipal Corporations Act, 1900,” as though the sections one hundred and ninety-six and two hundred and one of the Act were omitted therefrom.

3 Land included in Second Schedule vested in Wanganui Education Board.

The piece of land the description whereof is specified in the Second Schedule of this Act shall, from and after the passing of this Act, cease to be vested in the Corporation, and shall be and remain vested in the Wanganui Education Board for an estate in fee-simple, to be used for the erection thereon and maintenance of a commercial college and technical school by such Board, but for no other purpose whatsoever:

Proviso.

Provided always that if at the expiration of two years from the passing of this Act the said Board has not erected, equipped, opened, and maintained a commercial college and technical school for the purpose of commercial and technical instruction on the said land or some part thereof, or if at any time thereafter the said Board, having commenced to use the said land as aforesaid, shall cease to use the same and the buildings thereon for the purposes aforesaid, then and in either of such cases the said land shall immediately thereafter by force of this Act, and without any conveyance, revest in the Corporation for the estate, uses, and purposes as before the land became vested as aforesaid in the said Board:

Provided further that if any question or dispute arise as to whether the said land has or has not become revested in the Corporation as aforesaid the same shall be determined by the Minister of Education, and his decision shall be final

4 Land included in Third Schedule vested in Corporation.

The piece of Crown land the boundaries and description whereof are specified in the Third Schedule of this Act is hereby vested in the Corporation for an estate in fee-simple, to be used as a public right-of-way by the general public.

5 Gravel-pit reserve may be sold.

The piece of land described in the Fourth Schedule hereto, and now held by the Corporation as a gravel-pit reserve, may be sold by the Council of the Corporation at public auction, and the moneys to be derived from such sale shall be paid into the District Fund Account of the said borough.

SCHEDULES

FIRST SCHEDULE Esplanade

All that piece or parcel of land the boundaries and description whereof are specified in the Fifth Schedule of the “The Palmerston North Reserves Act, 1890.” Also all that parcel of land in. the Borough of Palmerston. North, containing by ad measurement 20 acres and 18 perches, more or less, being part of Rural Section No. 1536: bounded by a line commencing at a point on the south-western side of Fitzherbert Street distant 2335 links from Park Road along the said south-western side of Fitzherbert Street, and proceeding thence along a right line bearing south 57° 32’ 26" west, 1000·7 links; thence by a right line, north-westerly, parallel to Fitzherbert Street, 309 links; thence by a right line bearing south 59° 42’ 53" west, 300 links; thence by a right line, south-easterly, parallel to Fitzherbert Street, 1143 links; thence by a right line bearing south 87° 16’ east, 107 links; thence by a right line bearing south 70° 56’ 46" east, 298·7 links; thence by a right line, south-easterly, parallel to Fitzherbert Street, 170 links; thence by a right line bearing south 83° 25’ 7" east, 1250 links, to Fitzherbert Street; thence by that street, 2050 links, to the place of commencement.

SECOND SCHEDULE

All that piece or parcel of land containing by ad measurement 10 acres and 9 perches, and being Section No. 225 on the survey plan of the Township of Palmerston North.

THIRD SCHEDULE Right-of-way

All that piece or parcel of land containing by ad measurement 8 9 perches, be the same a little more or less, being part of Section No. 662 on the survey plan of the Township of Palmerston North, commencing in the Square at the north-western corner of Section No. 663 on the said plan, and bounded on the south-east by the said Section 663, 250 links; on the south-west by the Square, 22·27 links; on the north-west by the remaining portion of Section 662, 250 links; and on the northeast by Section 660, 22·27 links.

FOURTH SCHEDULE Gravel-pit Reserve

All that piece or parcel of land containing by ad measurement 2 acres, and being Section No. 134 on the survey plan of the Township of Palmerston North.

Palmerston North Reserves Act Amendment Act 1901