An Act to repeal the Marlborough Forestry Corporation Act 1970 and to vest the assets and liabilities of the Marlborough Forestry Corporation in the Marlborough District Council and the Kaikoura District Council in shares

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement

(1)

This Act may be cited as the Marlborough Forestry Corporation Act Repeal Act 1996.

(2)

This Act shall come into force on the 1st day of July 1996.

2 Interpretation

In this Act, unless the context otherwise requires,—

“The Act” means the Marlborough Forestry Corporation Act 1970:

“Corporation” means the Marlborough Forestry Corporation as defined in the Act:

“Corporation’s land” includes any estate and interest in land possessed by the Corporation and all estates and interest in the land referred to in the First Schedule to this Act:

“Councils” means the Marlborough District Council and the Kaikoura District Council:

“Liabilities” means all liabilities of whatever kind or nature, including all contingent liabilities:

“Undertaking” means, jointly and together, the following property:

(a)

All of the Corporation’s land and all forest that comprise principally exotic trees growing or standing thereon; and

(b)

All improvements on, or associated with, the Corporation’s land and, without limiting the generality of the foregoing, includes—

(i)

All buildings and other structures affixed to the land; and

(ii)

All roads, culverts, tracks, access ways, bridges, irrigation works, erosion works, water races, drainage works, water storage facilities, and all works and services relating to the prevention, detection, or fighting of fire; and

(c)

All plant, equipment, vehicles, tools, logs, consumable supplies, raw materials, forest products and stores used or associated with the management of forestry assets of the Corporation; and

(d)

All records, books, files, and information relating to the forestry assets of the Corporation; and

(e)

All rights (whether vested or contingent) of the Corporation under leases, licences, agreements for sale and purchase, profits à prendre, forestry rights, easements, (including easements in gross), rights to take standing timber and growing crops, and any other form of right to occupy or use land; and

(f)

All patents, trade marks, copyright, and other intellectual property rights (whether protected by registration or other formal process or not) and all planning and other statutory consents used in connection with the management of the Corporation’s forestry assets; and

(g)

All rights and obligations under all contracts entered into by the Corporation in respect of the forestry assets of the Corporation referred to in the preceding paragraphs of this definition; and

(h)

All other business interests and assets of the Corporation.

3 Vesting of undertaking

(1)

The liabilities and undertaking of the Corporation are hereby vested in the Marlborough District Council and the Kaikoura District Council as tenants in common in the following shares:

(a)

Marlborough District Council—885/1000 shares:

(b)

Kaikoura District Council—115/1000 shares.

(2)

On the vesting of the Corporation’s land in accordance with subsection (1) of this section, the land shall be subject to all leases, licences, easements, liens, and encumbrances existing in respect of the land immediately before such vesting.

4 Consequential provisions on vesting of undertaking

(1)

On and after the commencement of this Act—

(a)

A reference (express or implied) to the Corporation in any Act or instrument relating to the undertaking shall be read and construed as a reference to the Councils in the shares provided for in section 3 of this Act:

(b)

All contracts, agreements, conveyances, deeds, leases, licences, other instruments, undertakings, and notices, (whether or not in writing) relating to the undertaking entered into by, made with, given to or by, or addressed to, the Corporation (whether alone or with any other person) subsisting immediately before the vesting shall, to the extent that they were previously binding on and enforceable by, against, or in favour of the Corporation, be binding on and enforceable by, against, or in favour of the Councils in the shares provided for in section 3 of this Act.

(2)

For the purposes of this section an act, instrument, contract, agreement, conveyance, deed, lease, licence, or other instrument or notice shall be deemed to be related to the undertaking if it is acknowledged by the Corporation and the Councils as being so related.

5 Liabilities in respect of undertaking

The liabilities of the Corporation that relate to the undertaking which subsist immediately before the commencement of this Act, to the extent they were previously binding on and enforceable against the Corporation, shall be binding on and enforceable against the Councils in the shares provided for in section 3 of this Act.

6 Certain matters not affected by vesting of undertaking

The vesting of the undertaking of the Corporation in the Councils—

(a)

Shall not be regarded as placing the Councils, or any other person, in breach of contract or confidence or as otherwise making any of them guilty of a civil wrong; or

(b)

Shall not be regarded as giving rise to a right for any person to terminate or cancel any contract or arrangement or to accelerate the performance of any obligation; or

(c)

Shall not be regarded as placing the Councils or any other person in breach of any contractual provision prohibiting, restricting, or regulating the assignment or transfer of any property or the disclosure of any information; or

(d)

Shall not release any surety wholly or in part from all or any obligations; or

(e)

Shall not invalidate or discharge any contract or security.

7 Powers of District Land Registrar, etc

The District Land Registrar for the Marlborough Land Registration District is hereby authorised and directed, upon payment of the appropriate fee, to make such entries in his or her registers, to issue such certificates of title, and do all such other things as may be necessary to give effect to the provisions of this Act.

8 Gift duty exemption

Any disposition of property by the Corporation to the Councils pursuant to this Act shall not constitute a dutiable gift.

9 Application of Local Government Act 1974

The vesting of the Corporation’s undertaking in the Councils in accordance with section 3 of this Act shall be deemed to be an acquisition of land by the Councils for forestry purposes in accordance with sections 247f and 577 of the Local Government Act 1974.

10 Residual authority

(1)

The residual authority for the Corporation shall be the Marlborough District Council.

(2)

The residual authority shall be responsible for—

(a)

The preparation of the annual report for the year ending with the 30th day of June 1996; and

(b)

The documents (as defined in section 248 of the Local Government Act 1974) and local archives (as so defined) of the Corporation.

(3)

In the period beginning on the 1st day of July 1996 and ending with the closing of the accounts of the Corporation, the residual authority may, to the extent and on the terms and conditions agreed with the Kaikoura District Council, supervise and manage the keeping of those accounts on behalf of the Kaikoura District Council and itself and for that purpose may—

(a)

Receive and make payments of any money; and

(b)

Carry out such other acts as may be agreed with the Kaikoura District Council.

(4)

The residual authority shall hold in trust any assets and liabilities of the Corporation not transferred to itself or the Kaikoura District Council by the close of the 30th day of June 1996 and shall administer those assets and liabilities for the benefit of itself and the Kaikoura District Council.

(5)

Nothing in this section shall be construed as imposing any liability on the Marlborough District Council in addition to that which would accompany the transfer to the Marlborough District Council of any function, duty, power, asset, or liability.

11 Abolition of Corporation, repeals, and revocations

(1)

The Corporation is hereby abolished.

(2)

The enactments specified in the Second Schedule to this Act are hereby repealed.

(3)

The following orders are hereby revoked:

(a)

The Marlborough Forestry Corporation Act Commencement Order 1971 (S.R. 1971/42):

(b)

The Marlborough Forestry Corporation Act Commencement Order 1971, Amendment No. 1 (S.R. 1971/84).

(4)

Clause 130 of the Local Government (Nelson-Marlborough Region) Reorganisation Order 1989 (Gazette, 1989, Volume III, page 2389) is hereby revoked.

12 Local Government Act 1974 amended

Section 101zze of the Local Government Act 1974 (as substituted by section 15 of the Local Government Amendment Act 1992) is hereby amended by omitting from paragraph (b)(iii) of the definition of the term “appropriate Minister” the words “the Marlborough Forestry Corporation,”.

schedule

FIRST SCHEDULE Marlborough Land District—Marlborough District Council

Section 2

Para—

1.

275.1862 hectares, more or less, being Section 2, Block II, Cloudy Bay Survey District, and Section 3, Block XIV, Linkwater Survey District. All certificate of title 5A/941 (Marlborough Registry).

2.

123.7832 hectares, more or less, being part Section 33, Blocks II and III, Cloudy Bay Survey District. All certificate of title 5A/1010 (Marlborough Registry).

3.

371.3623 hectares, more or less, being part Section 1, Block II, and part Section 10, Block III, Cloudy Bay Survey District. All certificate of title 5A/1011 (Marlborough Registry).

4.

20.2343 hectares, more or less, Section 135, Picton Suburban Registration District. All certificate of title 26/32 (Marlborough Registry).

5.

1.2039 hectares, more or less, Section 32, Block III, Cloudy Bay Survey District. All certificate of title 41/5 (Marlborough Registry).

6.

11.7005 hectares, more or less, Section 148, Picton Suburban Registration District. All certificate of title 1A/286 (Marlborough Registry).

7.

17.4242 hectares, more or less, Section 149, Picton Suburban Registration District. All certificate of title 1A/285 (Marlborough Registry).

8.

37.3196 hectares, more or less, Section 153, Picton Suburban Registration District. All certificate of title 1B/283 (Marlborough Registry).

9.

32.7542 hectares, more or less, Section 154, Picton Suburban Registration District. All certificate of title 1B/284 (Marlborough Registry).

10.

69.6059 hectares, more or less, Section 4, Block III, Cloudy Bay Survey District. All certificate of title 1B/339 (Marlborough Registry).

11.

6.3617 hectares, more or less, being Lot 1 Deposited Plan 3940, Block III, Cloudy Bay Survey District. All certificate of title 2B/212 (Marlborough Registry).

12.

27.2885 hectares, more or less, being Lots 1, 2, and 3 Deposited Plan 3877, Cloudy Bay Survey District. All certificate of title 2B/409 (Marlborough Registry).

13.

64.5979 hectares, more or less, being Lot 2 Deposited Plan 3982, Block XIV, Linkwater Survey District. All certificate of title 2B/674 (Marlborough Registry).

14.

17.8061 hectares, more or less, Section 141, Picton Suburban Registration District. All certificate of title 2B/1328 (Marlborough Registry).

15.

9.0571 hectares, more or less, being part Section 124, Picton Suburban Registration District. All certificate of title 3A/864 (Marlborough Registry).

16.

14.2266 hectares, more or less, being Lots 2, 3, and 4 DP 4895 and Section 152, Picton Suburban Registration District. All certificate of title 3A/865 (Marlborough Registry).

17.

11.7617 hectares, more or less, being part Lot 1 Deposited Plan 273, Block III, Cloudy Bay Survey District. All certificate of title 1A/787 (Marlborough Registry).

18.

9.5455 hectares, more or less, being part Lot 2 Deposited Plan 273. All certificate of title 1B/741 (Marlborough Registry).

19.

20.2343 hectares, more or less, Section 12, Block III, Cloudy Bay Survey District. All certificate of title 1B/839 (Marlborough Registry).

20.

12.6432 hectares, more or less, being part Section 150, Picton Suburban Registration District, and Lot 4 Deposited Plan 3796. All certificate of title 2A/1310 (Marlborough Registry).

21.

26.1541 hectares, more or less, being part Section 128, Picton Suburban Registration District. All certificate of title 2A/1311 (Marlborough Registry).

22.

20.4407 hectares, more or less, being part Sections 1 and 2, Block III, Cloudy Bay Survey District. All certificate of title 2A/1312 (Marlborough Registry).

23.

164.7040 hectares, more or less, being part Section 11, Block III, Cloudy Bay Survey District. All certificate of title 2A/1313 (Marlborough Registry).

24.

71.7791 hectares, more or less, Lot 1 Deposited Plan 4095. All certificate of title 2B/957 (Marlborough Registry).

Pukaka—

25.

65.9929 hectares, more or less, being Lot 2 Deposited Plan 845. All certificate of title 24/179 (Marlborough Registry).

26.

300.4048 hectares, more or less, being Lot 1 Deposited Plan 846. All certificate of title 24/180 (Marlborough Registry).

27.

68.1576 hectares, more or less, being Lot 1 Deposited Plan 845. All certificate of title 24/237 (Marlborough Registry).

28.

331.5008 hectares, more or less, being part Lot 2 Deposited Plan 846. All certificate of title 56/74 (Marlborough Registry).

29.

245.6442 hectares, more or less, Section 10, Block IV, Cloudy Bay Survey District. All certificate of title 1B/451 (Marlborough Registry).

Koromiko—

30.

165.2997 hectares, more or less, Sections 10 and 11, Block XVI, Linkwater Survey District. All certificate of title 3B/1183 (Marlborough Registry).

31.

19.9864 hectares, more or less, being part Section 97, Picton Suburban Registration District. All certificate of title 1A/261 (Marlborough Registry).

32.

10.5066 hectares, more or less, Section 3, Block III, Cloudy Bay Survey District. All certificate of title 1B/149 (Marlborough Registry).

33.

17.0980 hectares, more or less, Section 7, Block III, Cloudy Bay Survey District. All certificate of title 1B/320 (Marlborough Registry).

34.

14.5661 hectares, more or less, Section 5, Block III, Cloudy Bay Survey District. All certificate of title 1B/321 (Marlborough Registry).

35.

32.2552 hectares, more or less, being part Deposited Plan 104 and part Section 101, Picton Suburban Registration District. All certificate of title 2A/1250 (Marlborough Registry).

36.

43.7364 hectares, more or less, being part Section 100, Picton Suburban Registration District. All certificate of title 2A/1251 (Marlborough Registry).

37.

19.3591 hectares, more or less, Section 2, Block XVI, Linkwater Survey District. All certificate of title 2D/142 (Marlborough Registry).

38.

18.1678 hectares, more or less, Section 156, Picton Suburban Registration District. All certificate of title 2D/144 (Marlborough Registry).

39.

257.0508 hectares, more or less, being Lot 3 Deposited Plan 3847 and Lot 1 Deposited Plan 4409. All certificate of title 2D/874 (Marlborough Registry).

40.

47.3960 hectares, more or less, being part Sections 157 and 158, Picton Suburban Registration District. All certificate of title 3A/1395 (Marlborough Registry).

41.

21.0765 hectares, more or less, being Lot 1 Deposited Plan 5495 and Lot 2 Deposited Plan 5595 and Section 125, Picton Suburban Registration District. All certificate of title 3D/1317 (Marlborough Registry).

42.

21.9385 hectares, more or less, being part Section 134, Picton Suburban Registration District. All certificate of title 3D/1352 (Marlborough Registry).

43.

88.6262 hectares, more or less, Section 4, Block XVI, Linkwater Survey District. All certificate of title 4B/1323 (Marlborough Registry).

44.

145.6868 hectares, more or less, Section 24, Block III, Cloudy Bay Survey District. All certificate of title 4B/1326 (Marlborough Registry).

45.

41.6826 hectares, more or less, Section 5, Block XVI, Linkwater Survey District. All certificate of title 4B/1327 (Marlborough Registry).

Waikakaho—

46.

0.6753 hectares, more or less, being part Section 116, District of North Bank of Wairau. All certificate of title 33/83 (Marlborough Registry).

47.

15.3325 hectares, more or less, being part Section 111, District of North Bank of Wairau. All certificate of title 1A/109 (Marlborough Registry).

48.

219.3180 hectares, more or less, being Lot 1 Deposited Plan 8344. All certificate of title 4D/1391 (Marlborough Registry).

49.

679.0625 hectares, more or less, Section 4, Block II and Section 15, Block VI, Cloudy Bay Survey District. All certificate of title 4B/1325 (Marlborough Registry).

Speeds Valley—

50.

415.4098 hectares, more or less, Section 2, Block XI, Sections 1, 4 and 15, Block XIV and Section 34, Block XV, Linkwater Survey District. All certificate of title 3D/332 (Marlborough Registry).

51.

101.9808 hectares, more or less, Section 2, Block XV, Linkwater Survey District. All certificate of title 4B/1324 (Marlborough Registry).

52.

22.6624 hectares, more or less, Section 18, Block III, Cloudy Bay Survey District. All certificate of title 1D/516 (Marlborough Registry).

SECOND SCHEDULE Enactments Repealed

Section 11(2)

1959, No. 98—The Public Bodies Contracts Act 1959: So much of Part II of the First Schedule as relates to the Marlborough Forestry Corporation (R.S. Vol. 27, p. 795).

1968, No. 147—The Local Authorities (Members’ Interests) Act 1968: So much of Part II of the First Schedule as relates to the Marlborough Forestry Corporation (R.S. Vol. 24, p. 463).

1970, No. 17 (Local)—The Marlborough Forestry Corporation Act 1970.

1974. No. 66—The Local Government Act 19 74: So much of Part IV of the First Schedule as relates to the Marlborough Forestry Corporation (R.S. Vol. 25, pp. 554).

1975, No. 9—The Ombudsmen Act 1975: So much of Part III of the First Schedule as relates to the Marlborough Forestry Corporation (R.S. Vol. 21, p. 686).

1983, No. 10 (Local)—The Marlborough Forestry Corporation Amendment Act 1983.

1985. No. 60—The Local Government Amendment Act 1985: So much of Part II of the Third Schedule as relates to the Marlborough Forestry Corporation Act 1970 (R.S. Vol. 25, p. 656).

1987, No. 174—The Local Government Official Information and Meetings Act 1987: So much of Part II of the First Schedule (as substituted by section 7(1) of the Local Government Official Information and Meetings Amendment Act 1991) as relates to the Marlborough Forestry Corporation, and so much of the Fourth Schedule as relates to the Marlborough Forestry Corporation Act 1970.