This Act may be cited as the Hamilton Domain Endowment Act 1965.

In this Act, unless the context otherwise requires,—

The lands described in the Schedule to this Act are hereby vested in the Corporation for the purposes of this Act subject to all leases, encumbrances, liens, or easements to which they are subject at the commencement of this Act but otherwise freed and discharged from all trusts and reservations affecting the same. The said lands shall no longer be subject to the provisions of the Hamilton Domains Act 1911 but nothing in this Act shall affect the leases or the rights of lessees in leases issued under that Act.

The lands vested in the Corporation by section 3 of this Act shall be held in trust by the Corporation as an endowment for the Hamilton Domain and may be leased by the Corporation (acting through the Council) under the Public Bodies Leases Act 1908. The Corporation and the Council is declared a leasing authority under such Act. Extensions, variations, and renewals of existing leases of the said lands may be entered into and executed by the Corporation (acting through the Council) in accordance with the provisions of such existing leases. The rents and revenues from the said lands shall be transferred by the Council to the Board and shall form part of the funds of the Board.

Where any portion of the lands vested in the Corporation by section 3 of this Act has, whether before or after the commencement of this Act, been leased (pursuant to the Hamilton Domains Act 1911 and its amendments or this Act or any other Act) under paragraphs (e), (f), or (g) of section 5 of the Public Bodies Leases Act 1908, the Corporation (acting through the Council) may sell and transfer for cash to the lessee thereof the fee simple of the land comprised in the lease provided that simultaneously such lessee at his own cost and to the satisfaction of the Council arranges for the registration of the effective merger of his leasehold interest in such fee simple or otherwise for the effective extinguishment of his leasehold interest.

Any such sale shall be on the basis of the current market value of the unimproved value (as defined by the Valuation of Land Act 1951) of the land, either as determined by the Council or as fixed by arbitration in manner provided by the Arbitration Act 1908, together with—

On completion of any cash sale and transfer the land affected thereby shall be freed from the trusts imposed by sections 3 and 4 of this Act.

Where the fee simple of land is sold to the lessee under the preceding section the purchase money shall be paid by the Council to a special account to be known as the Hamilton Domain Sales Account and the money, together with interest accruing thereon from the investment thereof, or any part thereof, may be applied by the Council as it may from time to time think fit, as follows:

Where any land is acquired pursuant to paragraph (c) of section 6 of this Act, the land shall be held by the Corporation as if the land had been vested in the Corporation by section 3 of this Act, but the provisions of section 5 of this Act shall not apply to land so acquired.

Any land subject to this Act which is not for the time being leased may at any time be transferred to Her Majesty the Queen for recreation purposes pursuant to section 44 of the Reserves and Domains Act 1953.

On the application under seal of the Corporation, the District Land Registrar for the South Auckland Land Registration District shall, without fee, register the Corporation as the proprietor of the land vested in the Corporation by this Act or, where no certificate of title for the land is in existence or where there is no duplicate of an existing certificate of title, on payment of the prescribed fee, issue a certificate of title for the land in the name of the Corporation. The said District Land Registrar is hereby empowered to do all such other things as may be necessary to give effect to this Act.