WHEREAS certain lands more particularly described in the Schedule to this Act and known as, and in this Act referred to as, the Beachlands Domain are vested in Her Majesty the Queen as a public domain: And whereas the said lands are controlled and administered by the Beachlands Domain Board as the administering body thereof duly constituted under the provisions of the Reserves and Domains Act 1953: And whereas between the years nineteen hundred and thirty-five and nineteen hundred and fifty-one certain moneys were from time to time raised in diverse manners by way of voluntary contribution, by the sale of goods voluntarily contributed, by moneys paid as the price of admission to entertainments, and otherwise, and all such moneys were paid to and received by the Beachlands Domain Board for the purpose of erecting a pavilion or hall on part of the Beachlands Domain for the use of and by the general public: And whereas by notice dated the twenty-fourth day of March, nineteen hundred and fifty-two, and published in the Gazette of the third day of April, nineteen hundred and fifty-two, under the provisions of section 48 of the Public Reserves and National Parks Act 1928 (now section 47 of the Reserves and Domains Act 1953) the Manukau County Council, being the local authority of the body corporate called the Chairman, Councillors, and Inhabitants of the County of Manukau, was appointed to be the Beachlands Domain Board in respect of the Beachlands Domain: And whereas consequent upon and subsequently to the appointment of the said Council as the Beachlands Domain Board in the manner and at the time aforesaid the said moneys (in this preamble hereinafter referred to as the pavilion or hall fund) were deposited in an account number 878464 of the Post Office Savings Bank at Auckland in the joint names of the said body corporate and of Walter Stanley Hopping, of Omana Beach, near Whitford, retired, and Arthur Edgar Ashcroft, of Auckland, County Clerk: And whereas the Beachlands Ratepayers Progressive Association, a society duly incorporated under the provisions of the Incorporated Societies Act 1908 (in this preamble hereinafter referred to as the association), or its predecessor in title, has now erected a hall at Beachlands on certain freehold land acquired by and now vested in the association as registered proprietor thereof but such land is not and never has been the Beachlands Domain or any part thereof: And whereas by a writ of summons issued on the sixteenth day of September, nineteen hundred and fifty-seven, out of the Supreme Court of New Zealand at Auckland in a certain action number 382/57 against the said body corporate and the said Walter Stanley Hopping and the said Arthur Edgar Ashcroft as defendants, the association, as plaintiff in the said action claimed, inter alia, a declaration that the pavilion or hall fund and all interest accrued due thereon had been received by such defendants and was held by them in trust for the Association for the purpose of the erection of a hall at Beachlands and for the taking of accounts as to the moneys withdrawn from the pavilion or hall fund and judgment in favour of the association for the amount (if any) found to be due to it: And whereas the said action duly came on for trial in the said Supreme Court before the Honourable Mr Justice Shorland on the twenty-third day of September, nineteen hundred and fifty-eight: And whereas on the twenty-fourth day of November, nineteen hundred and fifty-eight, it was adjudged in the said action, inter alia, that the pavilion or hall fund is held in trust by the said body corporate and the said Walter Stanley Hopping and the said Arthur Edgar Ashcroft to be applied to the charitable purpose of building a public hall upon the Beachlands Domain: And whereas no such hall has yet been built upon the Beachlands Domain or any part thereof and in consequence and because of the erection of a hall on the land owned by the association at Beachlands as aforesaid it has now become undesirable, impracticable, and inexpedient to carry out the charitable purpose for which the pavilion or hall fund is held in trust as aforesaid, namely, the erection of a public hall on the Beachlands Domain or any part thereof, and such charitable purpose is therefore now useless: And whereas on account of the nature and diversity of the contributions made to the pavilion or hall fund and because of the lapse of time since such contributions were made it is impossible to establish and identify the contributors to the pavilion or hall fund or to comply with the provisions of the Charitable Trusts Act 1957 in respect thereof: And whereas by reason of the matters aforesaid it is desirable to make provision that the pavilion or hall fund should be expended and applied in and towards the general purposes hereinafter set forth without further depletion thereof than was occasioned by the costs of the said action (otherwise than as is provided for in this Act):