In this Part of this Act, if not inconsistent with the context,—

All public reserves in New Zealand shall be divided into the classes named in the several Classes I, II, and III in the Second Schedule hereto respectively.

In the case of any public reserve set apart for any of the purposes comprised in Class I, whether vested in His Majesty or the Governor, or set apart under section three hundred and twenty-one of “The Land Act, 1908,” and whether granted or not, the Governor may, by Order in Council gazetted, do any of the following things:—

In case of any public reserve vested in His Majesty or the Governor, whether granted or not, such reserve not being for one of the purposes comprised in Class I, if there is, in the opinion of the Governor, any doubt or uncertainty as to the purpose for which such reserve was set apart, the Governor may, by notice gazetted, define such purpose or purposes as to either the whole or any part of such reserve, subject to the action of Parliament as hereinafter mentioned.

In the case of any public reserve vested in His Majesty or the Governor for any of the purposes comprised in Class II, whether granted or not, and in the case of any reserve made under the authority of section three hundred and twenty-one of “The Land Act, 1908,” if in the opinion of the Governor it is expedient to change the purpose for which such reserve was set apart to any other purpose, or to exchange any of the land comprised in such reserve for other land of equal value to be dedicated to one or more of the purposes comprised in the said Class II, the Governor may, by notice gazetted, make such change, exchange, or dedication, as the case may be, and in such notice declare the manner and terms thereof, subject to the action of Parliament as hereinafter mentioned.

Every notice by the Governor under the two last preceding sections shall be gazetted during four consecutive weeks, and shall within ten days of the first publication thereof be laid before Parliament if sitting, or if not, within ten days after the commencement of the next ensuing session.

If either House of Parliament during such session declares by resolution that such House does not assent to any such definition of purpose, change, exchange, or dedication, then no further action shall be taken in the matter.

If no such resolution is passed by either House, then, from and after the termination of the then session of Parliament, such definition of purpose, change, exchange, or dedication, as the case may be, in accordance with the terms of such notice, shall be valid and effectual for all purposes whatsoever.

The Governor shall notify in the Gazette the action of Parliament in respect of any such reserve, as the case may require.

No change shall be made in the dedication of any public reserve made or set apart for any of the purposes comprised in Class III, except by special Act in that behalf or as hereinafter provided by this Act.

For the purpose of giving full effect to any Order in Council as hereinbefore provided, the Governor may issue such grants, and execute such deeds, assurances, and instruments, as the circumstances of each case require, and may antevest the legal estate as he thinks necessary or advisable.

Any instrument signed or purporting to be signed by the Governor, and purporting to define the purpose of or to change, exchange, or dedicate any reserve or part thereof in pursuance of any such Order in Council, and any notification in the Gazette to the purport aforesaid, shall be conclusive evidence that such definition, change, exchange, or dedication, as the case may be, is duly and lawfully made.

Notwithstanding anything to the contrary in this Act, the Governor, by notification in the Gazette, may declare that any land comprised within a reserve in Class I or II which has not been vested in trust in any society, body corporate, or Trustees shall, from a date to be specified in the said Gazette, be appropriated for the purposes of a reserve under that part of Class III which relates to “Reserves for Education, Charitable Purposes, and Recreation,” and thereafter the law affecting reserves in the said Class III shall apply to any land so appropriated as aforesaid.

The Governor may, in the name and on behalf of His Majesty, exchange with any person or body corporate the whole or any portion of any public reserve in Class I, II, or III for any other land which the Governor deems of equal value therewith and more suitable for the purposes of the reserve; and the Governor and any such person or body corporate may do or cause to be done all such acts and things, and make, sign, or execute all such instruments, as may be necessary to effectuate any such exchange.

All land obtained in exchange by His Majesty or by any person or body corporate as aforesaid shall be held by His Majesty or by such person or body corporate respectively for the same objects and purposes and on the same trusts (if any) as the land given in exchange by His Majesty or by such person or body corporate was held.

Where the estate in any public reserve is vested in any local body, or the control and management thereof is vested in any local authority, no such exchange shall be made or carried into effect without the written consent of the local authority representing such local body, or in whom such control and management is vested, for that purpose first had and obtained.

Every Crown grant of a public reserve heretofore or hereafter issued or made may be registered under “The Land Transfer Act, 1908,” notwithstanding that the trusts of such reserve are expressed or referred to in the Crown grant; and every such Crown grant already registered under “The Land Transfer Act, 1908,” shall, notwithstanding such expressions of trust, be deemed duly registered.

Where a grant registered under “The Land Transfer Act, 1908,” does not contain or have expressed therein the trusts of such reserve, and the trusts to which such reserve is to be dedicated have been declared by any Order in Council as hereinbefore provided, the Governor may, by notice in writing, direct the District Land Registrar to indorse on the folium of the register-book constituted by such grant, and on the duplicate thereof if produced to him for that purpose, a memorial of the trusts of such reserve as expressed in such notice; and the trusts so indorsed shall be deemed the trusts of such reserve, and such trusts shall be deemed as valid and effectual as if set forth in the grant itself.

Every grantee or other person in whom any public reserve is granted or vested as aforesaid shall, notwithstanding registration under “The Land Transfer Act, 1908,” hold such public reserve unto him, and his successors and assigns, upon the trusts expressed or referred to in the grant or indorsed thereon.

If after registration of the grant such trusts are legally changed, revoked, or altered, the District Land Registrar shell, upon being satisfied thereof, enter in the register-book, and also upon the duplicate Crown grant if the same can be obtained for that purpose, a memorial of the particulars of such change, revocation, or alteration, and the authority whereby such change, revocation, or alteration has been effected, and the day and hour of such entry in the register-book.

From and after such entry, the land the subject thereof shall be discharged from the original trusts, or such of them as have been changed, revoked, or altered, and shall be held by the grantee, his successors and assigns, upon the substituted trusts (if any) as if such trusts had been originally expressed in the grant.

No District Land Registrar shall, without special authority of law, register or otherwise give effect under “The Land Transfer Act, 1908,” to any dealing with any public reserve except in conformity with the trusts upon which such reserve is held for the time being.

All reserves made previous to the eighth day of December, one thousand eight hundred and seventy-seven, for the endowment of Municipal Corporations, or generally for municipal or other public purposes for any town not being a borough at the time of making such reservation, shall nevertheless be valid, and shall be granted to or vested in the corporate body of such town whenever the same becomes incorporated.

All reserves granted or vested previous to the day last aforesaid in the corporate body for the time being of any borough which may have been or may become incorporated afresh under the provisions of an enactment other than that under which such borough was originally incorporated shall be deemed to be vested for the same purposes, and no other, in the corporate body of the said borough under its new incorporation, without any deed or instrument of conveyance or transfer.

Where any land has, previous to the day aforesaid, been lawfully set apart, reserved, or acquired for municipal purposes for any borough outside the limits of such borough, the same shall be granted to or vested in the corporate body of such borough, anything to the contrary in any Act relating to counties or to municipal corporations notwithstanding.

All reserves made for the use or endowment of a borough, or town not being a borough, or for the recreation of the inhabitants thereof respectively, and which were granted to the Superintendent of a Province, and became vested in His Majesty under “The Abolition of Provinces Act, 1875,” shall be granted to the corporate body of such borough or town respectively in trust for the same purposes for which such reserves were respectively held at the passing of “The Public Reserves Act, 1881.”

All local bodies or Trustees to whom any reserve is granted, or in whom any reserve is vested, shall in respect of such reserve have the same rights, powers, and duties as a Commissioner of Crown Lands has in respect of Crown lands.

In respect of any reserve and any racecourse they may lease the same or any portion thereof for any term not exceeding twenty-one years, for such rent and on such terms as they think fit:

Provided that every such lease shall be disposed of either by public auction or by public tender, as the lessors in each case think fit.

This provision of leasing reserves shall not apply to any reserve made for any purpose of public health or recreation.

Nothing in this section shall be deemed to annul or derogate from the powers of County Councils to lease ferry reserves on special conditions under section one hundred and sixty-five of “The Counties Act, 1908.”

The powers granted to any local body by this Act shall be exercised by the governing authority of such local body in like manner as such governing authority may exercise any other power on behalf of such local body.

All powers of the Governor under the provisions of any Act relating to mining to grant mineral leases or licenses of land containing or supposed to contain minerals other than gold may be exercised by the Governor in respect of all public reserves not granted or otherwise alienated from the Crown, but subject to the conditions contained in any such Act aforesaid.

Where any reserve is not for the time being required for the specific purpose for which the same was originally made, or is only partially required for such purpose, the Governor may lease such reserve or any part thereof on such terms and conditions as he thinks fit:

Provided that every such lease shall be disposed of by public auction or public tender, and shall not be for a longer term than fourteen years.

All reserves at any time made for any purpose of public health or recreation—

Licenses may be granted to occupy for pastoral purposes, or for the purpose of cutting, felling, and removing timber or flax, any reserve or part of any reserve, if not required for immediate or early use for the purposes for which it is reserved,—

License to be surrendered on demand.

Survey to be made before license granted.

Land in license may be taken for roads.

The Commissioner of Crown Lands for the land district within which any public reserve not granted to or vested in any local body, Trustees, or other persons is situate shall have and exercise over such public reserve all the rights, powers, duties, and functions which he has over Crown lands; and, in addition, the following provisions shall be in force:—

The Trustees having the control of any reserve set apart as a recreation-ground—

To lease reserve.

To enclose for planting, &c.

To charge for admission on not more than ten days in the year.

To grant exclusive use of reserve for sports, matches, &c.

To authorise erection of stand.

To regulate the use of reserve for games.

To make by-laws for management.

No person shall be required to pay any fee or charge for admission on any day when the reserve or any part thereof is specially set apart as aforesaid, unless public notice of the reserve being set apart on such day, and of the prices to be charged for admission thereto or to the stand, has been advertised in some newspaper circulating in the district where the reserve is situate twice a week at least for two successive weeks prior to the said day.

Every person who enters the said reserve or stand on any day so fixed without having paid the fee or charge advertised is liable to a fine not exceeding one pound, which may be recovered in a summary way.

For the purposes of this section—

The Trustees having the control of any racecourse reserve may from time to time make regulations—

The racecourse shall be available to any racing or jockey club for the purpose of holding race meetings, on such terms and conditions as are from time to time publicly advertised by the Trustees,. and at such dates as they in every such case appoint:

Provided that such racing or jockey clubs shall consist of not less than fifty members, who have each paid an annual subscription of not less than one pound per annum towards the funds of such club.

The Trustees may from time to time lease, at such rent and on such conditions as they think reasonable, the whole or any part of the reserve, for any term or terms of years not exceeding seven years at any one time, and on conditions not inconsistent with the purposes of the racecourse.

All moneys received by the Trustees as the rents, issues, and profits of the racecourse shall, after deducting therefrom all necessary expenses incurred in the management thereof, in which may be included the cost of fencing, and the erection of an ornamental stand or pavilion thereon, be applied in and towards the cultivation and improvement of the reserve, and in rendering any part thereof that may be set apart as a racecourse suitable for that purpose, and in discharging any liabilities incurred for the said purpose.

The Trustees shall keep accurate accounts of all sums of money received for rents, issues, and profits on account of the. reserve, and of all costs, charges, and disbursements in connection with the management and maintenance thereof, and on the thirty-first day of March in every year, or within one week thereafter, shall prepare accounts and a balance-sheet, showing their receipts and disbursements during the previous year, and their actual financial state on the thirty-first day of March in that year; and such accounts and balance-sheet shall be forwarded to the Controller and Auditor-General, who may direct the balance-sheet to be published in some newspaper circulating in the district wherein the reserve is situate.

For the purposes of this section—

In this Part of this Act, if not inconsistent with the context,—

All lands that on the coming into operation of this Act were subject to the provisions of “The Public Domains Act, 1881,” and lands which are hereafter set apart under any Act or with lawful authority by the Governor for the purposes of this Part of this Act, are hereby declared to be Crown lands subject to the provisions of this Part of this Act, and may be managed, administered, and dealt with by the Governor in manner hereinafter set forth.

All other land derelict on the borders of or within the boundaries of the aforesaid lands, or any of them, shall from time to time be and shall remain Crown lands subject to the provisions of this Part of this Act, as fully and effectually as if the same had been mentioned in the First Schedule to “The Public Domains Act, 1881.”

The Governor may manage and administer all such lands, and may exercise all or any of the powers following

Lay out lands.

Dedicate ground for specific purposes.

Treat for purchase of any lands.

Set apart land for squares, &c.

Lay out foot and carriage ways.

Make, stop up, and alter bridges, &c., and make approaches.

General powers.

The Governor also may,—

1903, No, 79, sec. 3

Accept release.

Execute deeds.

The Commissioner of Crown Lands for the land district within which any public domain not under the control of any Domain Board is situate shall have and exercise over such public domain all the rights, powers, duties, and functions which such Commissioner has over Crown lands; and, in addition, the provisions of section twenty-eight hereof shall, mutatis mutandis, be in force with respect to such domain.

The natural bush on any domain or reserve set apart for the purposes of public recreation shall not be cut or destroyed without the approval of the Governor in Council being first obtained.

All moneys received under or by virtue of this Part of this Act, or in any other manner howsoever, in respect of the lands from time to time subject to the provisions of this Part of this Act shall be applied in managing, administering, and improving the lands in respect of which the moneys were received, and generally towards carrying into execution the purposes and objects of this Part of this Act.

The Governor may from time to time, by Order in Council gazetted, with respect to any domain make by-laws for—

Such by-laws shall be painted on boards, or printed on paper and pasted on boards, and hung up or affixed and continued at one or more of the principal entrances into the domain, so as to give notice thereof to the public; and such boards shall from time to time be renewed as often as the by-laws thereon or any part thereof are obliterated or destroyed.

Such by-laws, when so published and affixed, shall be binding on and be observed by all persons, and shall be sufficient to justify all persons acting under the same; and for proof of the making, publication, and affixing of such by-laws it shall be sufficient to prove that a printed copy or painted board containing a copy of such by-laws was affixed and continued in manner by this section directed, and in case of its being afterwards displaced or damaged, then that such paper or board was replaced as soon as conveniently might be.

With respect to any public domain the Governor may from time to time, by Order in Council gazetted, appoint such persons (not exceeding nine) as he thinks fit to be a Domain Board having, subject to this Part of this Act, control of such domain.

The Governor may in like manner remove any person so appointed, or revoke any such Order in Council.

Subject to the last preceding subsection, every member of a Domain Board shall remain and continue in office for the term of seven years from the date of appointment, but no longer.

In the case of now existing Boards the current term of office of the members shall be computed from its commencement.

Any person may be reappointed as a member of a Domain Board.

Where any member of the Board dies, or resigns, or is removed by the Governor in Council, or becomes of unsound mind, or is absent from three consecutive ordinary meetings without the consent of the Board, his seat shall become vacant, and the Governor in Council may appoint some fit person to be a member in his place:

Provided that where any member of the Board is appointed in virtue of any office, he shall vacate his seat on quitting such office, and be replaced by his successor in office without any further appointment.

The Board shall meet for the transaction of its business on such day and at such place as may from time to time be fixed by the Board, and not more than three months shall elapse without a meeting being held.

The first meeting shall be held at a time and place specified by the Governor by Order in Council.

An ordinary meeting shall be held in the month of February in each year, and shall be the annual meeting.

Three members of the Board shall constitute a quorum.

Any meeting may be adjourned from time to time.

At the first meeting of the Board, and at every annual meeting thereafter, the members present shall elect one of their number to be Chairman until the next succeeding annual meeting.

The Chairman shall preside at all meetings of the Board at which he is present, and shall have a deliberative as well as a casting vote.

At any meeting at which the Chairman is not present the members present shall choose one of their number who is present to be chairman, and the member so chosen shall at that meeting have all the powers of the Chairman.

On the occurrence of any vacancy in the office of Chairman the members of the Board shall elect one of their number to be Chairman, who shall hold office until the next succeeding annual meeting.

A special meeting of the Board may at any time be convened by the Chairman or by any two members:

Provided that not less than seven clear days’ notice of the meeting and of the business to be transacted thereat shall be given to each member, and no business other than that specified in the notice shall be transacted at such meeting.

The Board shall prepare and submit at each annual meeting a report of its proceedings for the previous year ending on the thirty-first day of December, together with a statement of its receipts and expenditure for that year.

Every such statement shall be audited by the Audit Office, which for that purpose shall have and may exercise all such powers as it has under “The Public Revenues Act, 1908,” in respect of public moneys.

A copy of such report and statement, certified by the Chairman as correct, shall, within one month after each annual meeting, be forwarded to the Minister of Lands.

The Board, in respect of the domain for which it was appointed, shall have and may exercise all the powers conferred by sections thirty-three and thirty-eight hereof on the Governor, and also all the rights, powers, duties, and functions vested in the Commissioner of Crown Lands by this Part of this Act.

In lieu of appointing any persons to be a Board as aforesaid, the Governor may from time to time, by Order in Council gazetted, appoint any local authority to be the Board, in which case the Mayor or Chairman of the local authority for the time being shall be Chairman of the Board.

With respect to by-laws made by a Board under section thirty-eight hereof the following provisions shall apply:—

Where a local authority is the Domain Board, or where any member of a local authority is ex officio a member of the Domain Board, the local authority may apply any part of its ordinary funds towards the management, improvement, and maintenance of any lands under the control of the Domain Board, notwithstanding that such lands may be situate outside the district of such local authority.

No member of a Domain Board shall become the lessee of any land under the control of the Board without the express consent in writing of the Minister of Lands.

Every person who offends against any by-law made under this Part of this Act is liable to a fine not exceeding five pounds.

If any breach or non-observance of any such by-law is attended with danger, hindrance, or annoyance to the public, or to any person being lawfully in the domain, any constable, or any person employed in the domain, may summarily interfere to obviate or remove such danger, hindrance, or annoyance, and that without prejudice to any liability to fine incurred by the breach or non-observance of any such by-law.

Every person who does or attempts to do any of the following things upon or within the boundaries of any domain without the license of the Governor, or Board or other authority having the control of such domain, is liable to a fine over and above the damage done not exceeding twenty pounds:—

All fines under this Part of this Act may be recovered in a summary manner, and shall ’be paid into the Public Account, and shall be applied as other moneys under this Act are directed to be applied by section thirty-seven hereof.

In every case where under the provisions in that behalf of “The Public Domains Act, 1881,” persons have been appointed delegates of the Governor in respect of any domain, and are in office on the coming into operation of this Act, such delegates shall be deemed to be a Domain Board under this Part of this Act, and every member thereof now in office shall, subject to the provisions of this Act relating to Boards, continue in office until the expiry of the period for which he was appointed delegate, or if he was not appointed for any specified period, then until the expiry of seven years from the twenty-sixth day of August, one thousand nine hundred and four (being the date of the coming into operation of “The Domain Boards Act, 1904”).