Act Repealed Latest version as at 17 October 1968 (as enacted) | 1968 No 12

Nelson City Empowering Act 1968

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Power to disinter human remains

Power to remove headstones, etc.

Memorial tablet to be erected and records compiled

Legalisation of sale by Church Trustees to the Corporation

Nelson City Empowering Act 1968

Local Act		1968 No 12
Date of assent		17 October 1968

	Title
	Preamble
1	Short Title
2	Interpretation
3	Trusts removed
4	Power to disinter human remains
5	Power to remove headstones, etc.
6	Memorial tablet to be erected and records compiled
7	Legalisation of sale by Church Trustees to the Corporation

An Act to close a burial ground at Stoke in the City of Nelson and to empower the Nelson City Council to disinter and reinter elsewhere the human remains buried there, and to empower the said Council to remove and re-erect elsewhere or otherwise dispose of all headstones, monuments, and grave surrounds now in the said burial ground and to validate the sale to the Council of the land on which the burial ground is situated

WHEREAS the Mayor, Councillors, and Citizens of the City of Nelson are registered as proprietors of all those parcels of land situate at Stoke first containing one rood and ten decimal nine perches (1 rd 10.9 ps), more or less, being part of Section 57, District of Suburban South, and being the balance of the land comprised in certificate of title, Volume 59, folio 271, Nelson Registry; and secondly containing eight perches (8 ps), more or less, being Section 3, Block III, Waimea Survey District, and being all the land comprised in certificate of title, Volume 70, folio 62, Nelson Registry: And whereas there are erected on the said lands two buildings formerly used as the Stoke Methodist Church and Church Hall and part of the said lands was used as a burial ground: And whereas, the said lands being no longer required or used for Church purposes, the Trustees under the Wesleyan Methodist Church Property Trust Act 1887 sold them to the Mayor, Councillors, and Citizens of the City of Nelson: And whereas doubts have arisen as to the authority of the Trustees to sell the said lands and it is desirable to validate the sale: And whereas the Nelson City Council desires to erect further buildings for civic purposes on that part of the land at present occupied by graves: And whereas the said burial ground has not been closed pursuant to the provisions of section 41 of the Burial and Cremation Act 1964, and it is expedient that the said burial ground be no longer subject to the provisions of that Act and the human remains therein buried be disinterred and reinterred in the Seaview Cemetery at Stoke, and the headstones, monuments, and grave surrounds removed:

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

This Act may be cited as the Nelson City Empowering Act 1968.

2 Interpretation

In this Act, unless the context otherwise requires,—

“Corporation” means the Mayor, Councillors, and Citizens of the City of Nelson:

“Council” means the Nelson City Council:

“The said lands” means the above described land comprised in certificates of title, Volume 59, folio 271, and Volume 70, folio 62, Nelson Registry.

3 Trusts removed

The said lands are hereby declared to be vested in the Corporation freed and discharged from all trusts, reservations, and restrictions affecting the same at the commencement of this Act.

4 Power to disinter human remains

Notwithstanding anything to the contrary in the Burial and Cremation Act 1964, the Council shall, as far as is practicable, disinter all the human remains buried in the said lands, and shall reinter them in a fitting and respectful manner in the Seaview Cemetery at Stoke. In disinterring and reinterring those remains the Council shall comply with such directions as the Minister of Health in his absolute discretion shall think fit to give the Council in the matter.

5 Power to remove headstones, etc.

(1)

The Council shall remove all headstones, monuments, and grave surrounds at present erected on the said lands, and, subject to subsection (2) of this section, shall either re-erect such headstones and monuments in the Seaview Cemetery or otherwise dispose of them in a fitting and respectful manner.

(2)

If any relative of any deceased person whose remains are disinterred pursuant to this Act so requires the Council shall re-erect in the Seaview Cemetery the headstone or monument that marked the deceased person’s grave.

6 Memorial tablet to be erected and records compiled

(1)

The Council shall erect on the said lands a memorial tablet inscribed with the names of the persons interred therein before the passing of this Act.

(2)

The Council shall cause to be compiled as complete a record as practicable of the names of all persons whose remains are disinterred pursuant to this Act and of the names of all persons who were next-of-kin at their deaths. The Council shall ensure that the record is available for inspection at the offices of the Council at all reasonable times.

7 Legalisation of sale by Church Trustees to the Corporation

Notwithstanding the provisions of sections 13 and 57 of the Cemeteries Act 1908 the sale of the said lands to the Corporation shall be deemed to have been lawfully made and the same is hereby validated.

Nelson City Empowering Act 1968