This Act may be cited as the Hamilton Domain Endowment Act 1979.

In this Act, unless the context otherwise requires,—

(1) The land described in Schedule 1 and Schedule 2 of this Act vested in the Corporation for the purposes of the Hamilton Domain Endowment Act 1965 or the Hamilton Domain Endowment Act 1971, by the provisions of those Acts and also by the provisions of section 2 of the Reserves and other Lands Disposal Act 1967, shall henceforth stand vested in the Council for the purposes of this Act in all cases subject to all leases, encumbrances, liens, or easements to which it is subject at the commencement of this Act, but otherwise freed and discharged from all trusts and reservations affecting the same.

(2) The land described in Schedule 3 is hereby vested in the Council for the purposes of this Act in all cases subject to all leases, encumbrances, liens, or easements to which it is subject at the commencement of this Act, but otherwise freed and discharged from all trusts and reservations affecting the same.

(3) The said land shall not 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 land referred to in section 3 of this Act shall henceforth be held in trust by the Council as an endowment for reserves and may be leased by the Council under the Public Bodies Leases Act 1969. Extensions, variations, and renewals of existing leases of the said land may be entered into and executed by the Council in accordance with the provisions of such existing leases. The future rents and revenues from the said land shall be transferred by the Council to the Board and shall form part of the funds of the Board.

(1) Where any portion of the land vested in the Council for the purposes of this Act by the provisions of section 3 of this Act has, whether before or after 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, or paragraphs (e), (f), or (g) of section 7(1) of the Public Bodies Leases Act 1969, the Council may sell and transfer 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:

provided also that the provisions of this section shall not apply to the land described in Part 2 of Schedule 2 of this Act, the same having been acquired pursuant to section 6(c) of the Hamilton Domain Endowment Act 1971.

(2) Any such sale shall be on the basis of the current land value of the land, as determined by the Council after obtaining a valuation from a registered valuer for that purpose or as fixed by arbitration in the manner provided for in the Arbitration Act 1908, together with—

• (a) the value as determined by the Council of any improvements on the said land effected by the Corporation or by the Council or by any previous proprietor of the fee simple and not previously purchased by the lessee or any previous lessee; and

• (b) all valuation, survey, and other expenses of the Council relating to the fixation of the sale price and the sale and transfer of the fee simple to the lessee:

  provided that, where the lessee elects to have the value fixed by arbitration, then, notwithstanding any of the provisions of the Arbitration Act 1908 (including Schedule 2 thereto), all costs of the reference and award including arbitrators' and umpires' fees and charges shall be paid by the lessee.

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

(4) In subsection (2) the terms improvements and land value shall have the same meanings as those contained in section 2 of the Valuation of Land Act 1951 save that in determining land value no reduction shall be made as a result of the existence of the lease to the purchaser at the time of sale and transfer.

(5) Where the fee simple estate in the land is sold to the lessee under the provisions of this section, the Council at its own discretion may, subject to subsections (6) to (8), accept in lieu of a total cash payment a registerable mortgage of the said estate securing to the Council not more than 90% of the total amount payable by the lessee under subsection (2), but excluding therefrom the sums referred to in subsection (2)(b) (the amount secured being hereinafter referred to as the principal sum).

(6) Where the mortgagor under a mortgage that is accepted under subsection (5) is a community organisation, the following provisions shall apply—

• (a) the Council at its own discretion may accept as security for the principal sum either a registerable first mortgage of the said estate or alternatively a registerable second mortgage of the said estate guaranteed by an approved guarantor:

• (b) the principal sum and all other money secured to the Council by the terms of any mortgage accepted by it shall at the option of the Council become due and payable and may forthwith be called up if during the term thereof the use of the said land is changed without the consent of the Council given in its capacity as mortgagee:

• (c) any mortgage accepted by the Council shall otherwise be subject to such terms and conditions as may appear to the Council to be appropriate.

(7) Where the land mortgaged under a mortgage that is accepted under subsection (5) is land which, at the time of both the sale and transfer of the land to the mortgagor, is zoned by the Council as Residential I or Residential II or Residential III under the provisions of the Town and Country Planning Act 1977 and in the opinion of the Council (whose decision shall be final) 1 (but not more than 1) self-contained home or residence for the purposes of a single house-keeping unit to be used by the transferee is either then erected upon the said land or is likely to be erected thereon within 2 years after the date of the completion of the sale, the following provisions shall apply:

• (a) the Council at its own discretion may accept as security for the principal sum either a registerable first mortgage of the said estate or alternatively a registerable second mortgage of the said estate guaranteed by an approved guarantor:

• (b) the principal sum and all other money secured to the Council by the terms of any mortgage accepted by it shall at the option of the Council become due and payable and may forthwith be called up if—

  • (i) any self-contained home or residence for the purpose of a single house-keeping unit that the mortgagor covenants as a term of the mortgage to have erected upon the mortgaged land is not so erected within the prescribed time; or

  • (ii) during the term thereof more than 1 self-contained home or residence for the purposes of a single house-keeping unit is erected upon the mortgaged land; or

  • (iii) during the term thereof the one self-contained home or residence for the purposes of a single house-keeping unit erected upon the mortgaged land is not occupied as owner by the mortgagor or by the spouse or former spouse of the mortgagor:

• (c) any mortgage accepted by the Council shall otherwise be subject to such terms and conditions as may appear to the Council to be appropriate.

(8) In every other case where a mortgage is accepted under subsection (5), that mortgage shall be a registerable first mortgage of the fee simple estate.

(9) Except as provided in subsections (5) to (8), any mortgage accepted by the Council shall be subject to such terms and conditions as may appear to the Council to be appropriate:

provided that—

• (a) where the mortgagor is not a community organisation and the land mortgaged is zoned by the Council as Residential II or Residential III under the provisions of the Town and Country Planning Act 1977, the rate of interest payable shall, while not more than 1 self-contained home or residence for the purposes of a single house-keeping unit is erected upon the mortgaged land and is occupied by the mortgagor or by the spouse or former spouse of the mortgagor, be not more than 0.5% per annum more than the rate of interest that would have been payable if subsection (7) had been applicable; and

• (b) where the mortgagor is a community organisation, the rate of interest payable shall be the same as the rate of interest that would have been payable if subsection (7) had been applicable.

Where the fee simple of the land is sold to the lessee under section 5 of this Act, the purchase money shall be paid by the Council to the Hamilton Domain Sales Account established under section 6 of the Hamilton Domain Endowment Act 1965 (henceforth to be known as the Hamilton Reserves 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:

• (a) by transfer to the Board to meet the cost of improvement or development of recreation reserves:

• (b) in or towards the purchase of land to be acquired in the name of Her Majesty the Queen as a recreation reserve:

• (c) in the purchase of land to be acquired in the name of the Council for the purposes of this Act.

Where any land is acquired pursuant to section 6(c), the land shall be held by the Council as if the land had been vested in the Council by section 3, but the provisions of section 5 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 a recreation reserve pursuant to section 12 of the Reserves Act 1977.

On application by or on behalf of the Council, the District Land Registrar for the South Auckland Land Registration District shall without fee note upon the certificates of title for the land referred to in Schedules 1 and 2 that the said land is now vested in the Council, for the purposes of this Act, and shall also without fee register the Council as the proprietor of the land referred to in Schedule 3, 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 and on the deposit with him of such plans as he may require, issue a certificate of title for the land in the name of the Council. The said District Land Registrar is hereby empowered to do all such other things as may be necessary to give effect to this Act.

Notwithstanding the provisions of section 5(2) of the Reserves Act 1977, the provisions of that Act shall be read subject to the provisions of this Act.

The following enactments are hereby repealed:

• (a) the Hamilton Domain Endowment Act 1965:

• (b) Amendment(s) incorporated in the Act(s).

• (c) the Hamilton Domain Endowment Act 1971.