The Corporation and the Club will submit to the Legislature and use their best endeavours to secure the enactment of legislation by way of a Local Bill to provide for the validation of these presents; the constitution of an Airport Board (hereinafter termed “the Board”) for the administration and control of the said aerodrome; and to enable effect to be given to the intention of all the terms and provisions of and incidental to these presents and to confer on the Corporation the Club and the Board the powers and authorities required to effectuate the same.

The constitution name powers and duties of the said Board shall be as set out in the Third Schedule hereto.

Where under the provisions of the said Third Schedule hereto any power right license or privilege is reserved to or conferred upon the Corporation or the Club such power right license or privilege shall be so reserved or conferred by the provisions of the said Local Bill.

This deed is entered into upon the express terms that if the Corporation be unable to obtain the prior consent of the Governor-General in Council as aforesaid or if the owner of the lands described in the said Second Schedule shall refuse to sell the said lands in accordance with the said option and the Corporation be unable or unwilling to enforce the said option or otherwise acquire the said lands or if the Corporation and the Club are unable for any reason whatsoever during the next ensuing session of Parliament or any session of Parliament held in the year one thousand nine hundred and thirty-four to obtain the passing of a Local Bill validating these presents and granting the necessary powers to enable the terms of these presents to be carried out by the parties hereto then these presents shall cease to be of any force or effect and the agreements and covenants herein contained shall be deemed to have been rescinded and that without the necessity of the execution of any deed or document by the parties hereto.

The said First Second and Third Schedules hereto shall form part of this deed.

All questions or differences whatsoever which may at any time hereafter arise between the parties hereto touching these presents or the subject matter thereof or arising out of or in relation thereto respectively and whether as to construction or otherwise shall be referred to a single Arbitrator in case the parties can agree upon one otherwise to two Arbitrators one to be appointed by each party to the difference and in any case in accordance with and subject to the provisions of the Arbitration Act, 1908.

In witness whereof the parties hereto have respectively executed these presents the day and year first above written.

Three (3) members appointed by the Corporation;

Three (3) members appointed by the Club;

One (1) member who shall be a bona fide resident of the Borough of New Plymouth appointed by the officer of the New Zealand Government for the time being carrying out the duties of or acting as Controller of Civil Aviation for New Zealand and if at any time there be no officer as aforesaid carrying out such duties or so acting then by the Governor-General of New Zealand.

If from any cause the Controller of Civil Aviation or other officer as aforesaid whose duty it is to appoint a member of the Board shall fail neglect or refuse to do so within the time appointed in that behalf the Governor-General may appoint any person whomsoever being a bona fide resident of the Borough of New Plymouth to be a member of the Board in lieu of the member who ought to have been so appointed.

Voluntarily under section 24 of the Incorporated Societies Act, 1928, or any amendment thereof;

By the Supreme Court under section 25 of that Act;

By the Registrar under section 28 of that Act;

The first appointment of members of the Board shall be made within a period of two (2) calendar months from the passing of the said Local Bill.

The members of the Board appointed under the provisions hereof shall retire on the thirtieth day of June one thousand nine hundred and thirty-five and on the thirtieth day of June in every third year thereafter.

Retiring members shall be eligible for reappointment either by the same or another appointing authority.

The Board shall not be concerned to see or enquire into the validity of any such appointment of members and shall be entitled to accept as conclusive evidence of the validity thereof a notification of any such appointment in writing from the Town Clerk of the Corporation the Secretary of the Club or Controller of Civil Aviation or the Governor-General as the case may be.

If any person as aforesaid knowingly inserts or causes or allows to be inserted in any notification as aforesaid any false statement as to the appointment of any member he shall be liable to a fine not exceeding fifty pounds (£50).

An alien;

A person of unsound mind;

A bankrupt who has not obtained his order of discharge or whose order of discharge is suspended for a term not yet expired or is subject to conditions not yet fulfilled.

A person convicted of any offence punishable by imprisonment unless he has received a free pardon or has served his sentence or otherwise suffered the penalty imposed on him;

Any person holding any office or place of profit under or in the gift of the Board.

If any person while holding office as a member of the Board becomes incapable of continuing to hold office under the last preceding section his office shall be thereby vacated and such vacancy shall be deemed an extraordinary vacancy.

Every person who does any act as a member of the Board while incapacitated under the last preceding section otherwise than under paragraph (6) thereof shall be liable to a fine not exceeding fifty pounds (£50).

A member of the Board may resign his office by writing delivered to the Chairman or Secretary of the Board and in such case or in the case of his death or his absence without leave of the Board from three (3) consecutive meetings of the Board his office shall become vacant and such vacancy shall be deemed an extraordinary vacancy.

If any member of the New Plymouth Borough Council be appointed by it to be a member of the Board and thereafter ceases to be a member of the said Council he shall on the expiration of two (2) months after he has so ceased to be a member of the said Council vacate his office as a member of the Board unless in the meantime he has been confirmed in his office by resolution of the said Council. Any vacancy so created shall be deemed an extraordinary vacancy.

In the event of an extraordinary vacancy occurring in the office of a member of the Board:—

The appointment of a member to fill an extraordinary vacancy shall be made not later than one (1) month after the vacancy occurs.

A person appointed to be a member of the Board to fill an extraordinary vacancy shall hold office so long only as his predecessor would have held it.

No act or proceeding of the Board shall be invalidated or be deemed illegal in consequence only of the number of the members of such Board not being complete at the time of such act or proceeding.

All acts and proceedings of the Board shall notwithstanding the fact that there was some defect in the appointment of any person as a member thereof or that any member is disqualified or not entitled to act or vote be as valid as if every such person had been duly appointed and was qualified to be and to act and vote as a member of the Board.

Upon proof in the first instance by affidavit or otherwise that any member of the Board is or has become incapable under these presents of holding his office, the Magistrate’s Court in the Borough of New Plymouth may grant a summons calling upon the person holding such office to show cause why he should not be adjudged to be ousted of the same.

If on the return of such summons it appears to the Court, on affidavit or oral evidence on oath, that such person is incapable under these presents of holding the said office, the Court may adjudge such person to be ousted of the same, and such person shall be ousted from such office accordingly.

In any such proceeding the Magistrate’s Court may exercise all the powers and authorities which it may exercise in its ordinary jurisdiction in civil cases; and the procedure of such Court shall, so far as applicable, apply generally to proceedings had under this section.

No question which may be tried under this section shall be tried in the Supreme Court; and no proceedings in the Magistrate’s Court hereunder shall be removable into the Supreme Court by certiorari or otherwise.

The first meeting of the Board shall be held at a time and place to be fixed in that behalf by the Corporation.

An annual meeting of the Board shall be held in the month of July in every year.

Other meetings shall be held as the Board shall from time to time determine.

At the first meeting of the Board and at every annual meeting and as often as the office of Chairman becomes vacant the members shall elect one of their number to be Chairman who shall hold office until the appointment of his successor.

At every meeting for the election of Chairman the Secretary of the Board shall preside and in any case of equality of votes shall determine the election by lot.

The Chairman shall preside at each meeting of the Board at which he is present but in his absence from any meeting the members present shall elect a member to act as Chairman at such meeting.

The Chairman at any meeting shall have a deliberative vote and in case of an equality of votes shall also have a casting-vote.

No business shall be transacted at any meeting of the Board unless at least a quorum of members is present thereat during the whole time at which the business is transacted.

A quorum shall consist of half of the whole number of the members of the Board (irrespective of any extraordinary vacancies) when that number is even and a majority of such members when the number is odd.

A member of the Board shall not vote or take part in the discussion of any matter before the Board in which he has directly or indirectly by himself or his partner any pecuniary interest otherwise than as a member of an incorporated company in which there are more than twenty (20) members and of which he is not the General Manager or Manager. Any member who knowingly offends against the provisions of this paragraph shall be liable to a fine not exceeding fifty pounds (£50) for every such offence and upon being so fined his seat on the Board shall become vacant.

Meetings of the Board shall be open to the public but the Board for sufficient cause of which it shall be sole judge may exclude strangers altogether from any meeting. The Chairman at any meeting may order any constable or officer of the Board to exclude or remove any stranger from the meeting on account of noisy or disorderly conduct or intoxication.

Subject to the provisions hereof the Board may regulate its own proceedings.

The Chairman of the Board shall be compelled to give all information required of him by or on behalf of the Board on any matter requisite to enable the Board to carry into effect any of the provisions of these presents and to produce all books, papers, and documents belonging to the Board which relate to any such matter, to any person authorized by the Board to apply for the same.

If the Chairman refuses or neglects to give any such information when called upon to do so, or to produce all or any such books, papers, or documents as aforesaid he shall be personally liable to a fine not-exceeding five pounds (£5) for every such refusal or neglect.

The word “Chairman” in this section includes the Acting-Chairman for the time being, and also the person having the control over the books, papers and documents belonging to the Board.

The Secretary shall keep the minutes of the proceedings of the Board in a book, in which he shall enter, subject to the directions of the Board, the names of the members attending each meeting and the names of the members voting on each question on which there is a division, and every resolution, order, or other proceeding of the Board, and any other matter directed by the Board to be entered upon the minutes.

The minutes of the proceedings of every meeting shall be read at the next ordinary meeting succeeding, and, if approved by the Board, or when amended as directed by the Board, shall be signed by the Chairman of such succeeding meeting.

The minutes of proceedings of any meeting of the Board kept as above provided, or an extract thereof certified as correct by the Chairman or Secretary, shall, unless the contrary is proved, be received as evidence of such proceedings and of the due convening and holding of the meeting; and the validity of all such proceedings shall be presumed unless the contrary is proved.

The minute-book of the Board shall be kept in the office of the Board, and shall be open for inspection without fee during all office hours by any member of the Board or of the Corporation or by any committeeman of the Club or any creditor of the Board.

Provide establish and maintain an aerodrome on the lands described in the First and Second Schedules hereto;

Provide construct and maintain landing and taking off places for aircraft approaches buildings and other accommodation and apparatus and equipment for such aerodrome;

Purchase or otherwise provide land for the extension of the said aerodrome;

Carry on in connection with the said aerodrome any subsidiary business which in the opinion of the Governor-General in Council is ancillary to the carrying on of the said aerodrome;

Purchase charter hire or otherwise acquire from time to time as the Board may consider desirable aircraft and all necessary requisite or usual fittings gear plant spare parts or accessories belongings and things appurtenant to such aircraft or for the repair of the same or other aircraft;

As a business ancillary to the carrying on of the said aerodrome carry on the business of aircraft proprietors, carriers of passengers, general carriers, mail contractors and manufacturers, repairers, cleaners, warehousemen and storers of and buyers, sellers and dealers in aircraft of all descriptions and of engines, chassis and bodies and other articles and things of whatsoever description used for or in connection with aircraft;

At the said aerodrome carry on the business of garage proprietors, fitters, founders, jobbers and suppliers of and dealers in petrol, oils and lubricants, electrical goods, tires, and all requisites, accessories, articles and things used generally in connection with aircraft or which are commonly supplied or dealt in by persons engaged in any such businesses or which may seem to the Board capable of being profitably dealt with in connection with any of the said businesses;

At the said aerodrome provide erect purchase or otherwise acquire and maintain hangars, garages and buildings for the housing of aircraft or for the repair construction and erection of aircraft petrol stations, stores, workshops and other buildings necessary or desirable in the opinion of the Board for the purposes of the airport and to furnish and equip all or any of such buildings or erections and to install therein all needful machinery plant appliances appurtenances and things;

At the said aerodrome erect or build hostels for the accommodation of guests and clubhouses and from time to time equip furnish and conduct the same and make schedules of charges rules and regulations conditions of tenure and other terms for the control and management of any such hostel or clubhouse;

At the said aerodrome erect construct and maintain search lights floodlighting or other lighting apparatus or equipment or any other apparatus or equipment of whatsoever description necessary or desirable in the opinion of the Board for the operation of the said aerodrome and the landing and taking off of aircraft thereon or therefrom by day or by night;

At the said aerodrome lay out enclose and plant or provide gardens, lawns, grounds, plantations, gymnasia, pavilions, buildings, equipment, furnishings and other things for the playing of tennis, golf, cricket, football or any other games of whatsoever description or for any other purpose of public enjoyment or recreation;

On or near the seacoast in the Borough of New Plymouth or adjacent thereto provide or otherwise acquire land buildings workshops materials plant machinery appliances and other things for the housing overhauling repairing and reconstruction of seaplanes Provided that no such buildings workshops or conveniences shall be erected below mean high water mark except with the consent of the New Plymouth Harbour Board and in pursuance of an Order in Council under the provisions of the Harbours Act, 1923;

From time to time provide offices within the Borough of New Plymouth or at the aerodrome with fitting furniture for the same for holding its meetings and transacting its business and for the use of its officers and for any other purposes and may purchase or take on lease land or buildings for such purposes or may cause buildings to be erected on any land belonging to or leased to the Board or any such building to be added to or improved;

Generally do all acts and things necessary for establishing the said aerodrome, the business or businesses hereinbefore mentioned, the constructing maintaining altering and repairing and using the said aerodrome, carrying on the said businesses and providing transit to and from such aerodrome for passengers and other persons arriving at or departing from such aerodrome by air.

The Board may by special resolution make regulations not inconsistent with any rights licenses or privileges of the Club and not inconsistent with any by-law of the Corporation applying to the aerodrome or with any regulations under the Air Navigation Act, 1931, or any amendment thereof respectively providing for the control and supervision of flying operations on or about the aerodrome or the manœuvring of aircraft on the aerodrome.

Every person who commits a breach of any regulation of the Board hereunder shall be liable to a fine not exceeding twenty pounds (£20).

A copy of every regulation made by the Board hereunder shall within seven days after the making thereof be sent by the Board to the Minister for the time being in charge of civil aviation who may at any time within three (3) months after the making of such regulation disallow the same or any part thereof and upon such disallowance being gazetted such regulation or part thereof shall cease to have any force; but such disallowance shall not affect the validity of anything theretofore done under the regulation or part thereof so disallowed.

It shall be the duty of the Board to take out and maintain in some reputable company carrying on business in New Plymouth a Policy indemnifying the Board against all claims which might be made against it under the Workers’ Compensation Act, 1922, and its amendments, or at common law in respect of compensation payable to any workman or servant of the Board or his dependants or which might be or become a charge upon the Board’s interest in the said lands.

In the event of the Board failing neglecting or refusing to take out and maintain any such policy as aforesaid or any fire insurance policy as mentioned in the preceding section the Corporation may take out such a policy or policies and recover the cost incurred in so doing from the Board as a debt.

Any contract which if made between private persons must be by deed shall if made by the Board be in writing under the seal of the Board.

Any contract which if made between private persons must be in writing signed by the parties to be charged therewith shall if made by the Board be either under the seal of the Board or signed by two members of the Board on behalf of or by direction of the Board.

Any contract which if made between private persons may be made verbally without writing may be similarly made by or on behalf of the Board by any two members acting by direction of the Board but no verbal contract shall be made for any sum exceeding twenty pounds (£20).

The Board may by resolution from time to time appoint discharge or reappoint fit persons to be Secretary, Treasurer, Manager and all such other officers, pilots, officials, clerks and servants as it may deem necessary to assist in the execution of the powers duties and authorities of the Board and may pay such persons such salaries and allowances out of the funds of the Board as it thinks fit.

No member of the Board shall be capable of holding such office unless without remuneration.

One person may hold two or more of such offices.

The Board may enter into an agreement in writing with any person whom it proposes to appoint or who has been appointed an officer or servant of the Board to the effect that such person shall not, save as provided in such agreement, be removed from office during such period (not exceeding three years from the date of his appointment or the date of such agreement as the case may be) as is stated in such agreement. Any such agreement may from time to time be renewed for any period not exceeding three years at any one time from the date of such renewal.

The Board may subject to the terms and conditions hereinafter mentioned and upon such additional terms and conditions not inconsistent with these presents as it deems fit let by way of lease any land being part of the said aerodrome upon terms permitting the lessee to erect thereon buildings for the housing, repair and construction of aircraft or for accommodation houses, hotels, general stores, petrol stations, or any other buildings, equipment or appurtenances necessary or desirable in the opinion of the Board for the purposes of the airport.

No such lease shall be for a term exceeding ten (10) years.

No building shall be erected by the lessee except in accordance with plans and specifications approved by the Board and complying with the provisions of any by-laws of the Corporation applying thereto.

If at any time during the term of any such lease the land demised thereby or any part thereof is required by the Board for the purposes of the aerodrome the Board may terminate such lease as to the whole of the demised land or so much as is required as aforesaid without the payment of compensation (unless the same be expressly authorized as hereinafter mentioned by the provisions of the lease) or liability to any action or claim for damages in respect of such termination.

Any such lease may contain a provision that upon the termination thereof as to the whole of the demised land or so much as is required as aforesaid the Board shall pay to the lessee compensation for the then value of the buildings then upon the demised land or the part thereof resumed as the case may be such value to be determined at the time of such termination of lease and if not mutually agreed upon such value shall be determined by two Arbitrators and their Umpire pursuant to the provisions of the Arbitration Act, 1908, or any amendment or re-enactment thereof for the time being in force Provided always that no such provision as aforesaid shall be contained in any such lease unless a further provision be also inserted therein fixing the maximum value of any buildings to be erected by the lessee upon the demised land.

If at any time during the term of any such lease the Board shall be of opinion that any building erection tree or thing on any part of the demised land restricts or may restrict or in any way interfere with the free manœuvre of aircraft on or over the said aerodrome or in any way whatsoever interferes with the full and efficient use of the aerodrome the Board may require the lessee to remove any such building erection tree or thing without the payment of compensation or liability to any action or claim for damages in respect thereof. In such event the Board shall give written notice to the lessee requiring him within a period stated in such notice to remove such building erection tree or thing and if the lessee shall fail neglect or refuse to comply with the provisions of any such notice within the period therein mentioned the Board may effect such removal and the lessee shall upon demand by the Board pay to it the expenses incurred in and about such removal or at its option the Board may terminate the lease and all the rights or privileges of the lessee thereunder.

Accept on such terms and conditions as it thinks fit a surrender of any lease whether with respect to the whole or any part of the land comprised in the lease;

At any time or times during the currency of a lease reduce the rent to be paid thereunder during the remainder or any part of the remainder of the term;

At any time or times during the currency or after the determination of a lease compromise with the lessee for any rent due by him or waive breaches of any tenancy or condition of any lease.

All moneys received by way of rents of lands or buildings or from grazing rights over any portion of the aerodrome;

All moneys received as ground fees for the playing of tennis, golf and other games on the aerodrome lands;

All moneys received for landing and housing fees;

All moneys received by way of grant from the Government the Corporation or other local authority or public subscriptions or donations;

All moneys received by the Board for the use of the aerodrome or appurtenances thereto;

All moneys received by the Board in the carrying on of any business or undertaking as hereinbefore mentioned;

All other moneys which may become the property of the Board.

All moneys belonging to the Board shall be paid into such bank as the Board from time to time appoints.

All moneys raised by way of loan shall be paid into a separate account at the bank for each loan which account shall be named according to the description of the loan.

All other moneys belonging to the Board shall be paid into an account at the bank to be called“The General Fund.”

Notwithstanding anything in the foregoing provisions of this section the Board may if it thinks fit pay into a separate bank account all moneys accruing from any business as hereinbefore mentioned undertaken by the Board or moneys appropriated and held by it for any special purpose.

The Board may if it thinks fit keep such separate accounts in its books as it deems necessary and all such separate accounts shall be audited.

The Board shall keep full and correct accounts of all moneys received and expended by it and of its assets and liabilities and shall within twenty-eight (28) days after the end of every financial year cause to be prepared a balance sheet together with a statement of income and expenditure for that year.

A copy of such balance sheet and statement shall be sent to the Corporation the Club and the Controller of Civil Aviation within two (2) calendar months after the end of every financial year.

All accounts of the Board shall be audited by the Audit Office which for that purpose shall have and may exercise all such powers as it has under the Public Revenues Act, 1926, in respect of public moneys.

No action shall be commenced against the Board or any member thereof or other person acting under the authority or in the execution of or intended execution of or in pursuance of the provisions hereof for any alleged irregularity or trespass or nuisance or negligence or for any act or omission whatsoever until the expiry of one month after notice in writing specifying the cause of action the Court in which the action is intended to be commenced and the name and residence of the plaintiff and of his Solicitor or agent in the matter has been given by the plaintiff to the defendant.

Every such action shall be commenced within six (6) months next after the cause of action first arose whether the cause of action is continuing or not.

The Governor-General may at any time dissolve the Board in the manner following:—

All the property of the Board shall vest in the Corporation and all the rights privileges and powers of the Club hereunder or under the said deed shall be deemed to have been rescinded;

The Corporation shall thereafter be the Airport Board for New Plymouth with all the powers of an Aviation Authority under the Local Authorities Empowering (Aviation Encouragement) Act, 1929, and all the powers hereinbefore conferred upon the Board as set out in the said Local Bill and this Schedule;

The Corporation shall pay to the Club the sum of three thousand five hundred pounds (£3,500) and the Club shall accept such payment in full satisfaction of all claims and demands whatsoever of the Club in respect of such dissolution and cancellation and rescinding of the rights privileges and powers of the Club under the said deed or in any way arising thereout or in connection with the said aerodrome or in any way relating to the said deed or aerodrome;

The Corporation may out of its general funds pay to the Club the said sum of three thousand five hundred pounds (£3,500) in accordance with the provisions of subclause (c) hereof.

The Corporation may exercise all the powers set out in section 6 of the Local Authorities Empowering (Aviation Encouragement) Act, 1929, as fully and effectually as if it had established the said aerodrome and retained the control of the same and any business ancillary thereto.

The Corporation in addition to its powers to make by-laws under the provisions of section 6 of the said Act may in respect of the said aerodrome from time to time make such by-laws not inconsistent with any rights licenses or privileges of the Club or Board as it thinks fit for all or any of the following purposes:—

The good rule and government of the said aerodrome.

The more effectually carrying out of any of the objects of the establishment and maintenance of the said aerodrome.

Regulating controlling or prohibiting any act matter or thing usually the subject of regulation control or prohibition by the controlling authorities of aerodromes.

Protecting any property of the Corporation the Board or the Club from damage or injury.

Conserving public health and convenience and preventing and abating nuisances.

Concerning the construction and repair of buildings.

Regulating drainage or sanitation.

The management and control of and playing privileges and charges in connection with any game or sport authorised to be played on the lands comprising the aerodrome and other matters pertaining to recreation on the said lands.

Prescribing the times terms and conditions upon which the public may enter or be in or upon the said aerodrome or be excluded therefrom or any part thereof and granting power to the Board to refuse admission to or expel persons whom it considers objectionable or undesirable.

Licensing persons to carry on in any part of the aerodrome any trade calling game or amusement or to afford any transport or other public service thereon.

The exclusion of dogs or other animals therefrom and their destruction if intruding therein.

A copy of every by-law made by the Corporation under this section shall within seven days after the making thereof be sent by the Corporation to the Minister for the time being in charge of Civil Aviation who may at any time within three months after the making thereof disallow the same or any part thereof and upon such disallowance being gazetted such by-law or part thereof shall cease to have any force; but such disallowance shall not affect the validity of anything theretofore done under the by-law or part thereof so disallowed.

The Corporation may from time to time under and subject to the provisions of the Local Authorities Empowering (Aviation Encouragement) Act, 1929, the Local Bodies’ Loans Act, 1926, and the Local Government Loans Board Act, 1926, raise a special loan for the establishment or extension of the said aerodrome or for the construction of works necessary in connection with such establishment or extension.

Upon any such special loan being raised as aforesaid the Council may with or without any condition requiring the repayment thereof as hereinafter mentioned pay the same to the Board without being liable to see to the proper expenditure thereof.

Upon any such special loan being raised and paid to the Board as aforesaid the Board shall apply the proceeds of such loan for the purpose for which such special loan was raised and for no other purpose.

Before the proceeds of any such special loan are paid by the Corporation to the Board the Corporation and the Board may by any instrument in writing executed on behalf of both parties agree that any such moneys as aforesaid shall be repaid to the Corporation at such times in such instalments and upon such terms and conditions as shall be set out in such instrument. If no such instrument in writing be executed as aforesaid the Board shall not be liable to repay such moneys to the Corporation.

The Corporation may from time to time out of its general funds provide such sums as it thinks fit for the maintenance and upkeep of the aerodrome or for any work purpose plant material or thing the Board has power to undertake purchase or expend money upon or for the payment of any liability incurred by the Board under the provisions hereof and may pay such sums to the Board without being liable to see to the proper expenditure thereof.

The Corporation before paying to the Board any such sum or sums may attach such special conditions or directions as to the expenditure and application thereof as the Corporation may by the resolution making such grant or grants or by any other resolution determine.