new zealand. · 2013. 11. 3. · 448 1931, no. 41.j reserves and other lands disposal. [22 geo. v....

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22 GEO. V.] Reserves and other Lands Disposal. New Zealand. [1931, No. 41. 447 Altering the boundaries of certain reserves in the Parish of Whangarei. Title. ANALYSIS. 1. Short Title. 12. Authorizing cancellation of reservation as 2. Altering the boundaries of certain reserves in provisional State forest over certain land the Parish of Whangarei. in Waiwhero and Mawheranui Survey 3. Authorizing the Wellsford Agricultural and Districts, and the setting apart of same Pastoral Society (Incorporated) to sell for the purposes of the Coal-mines Act, Section 38, Block XVI, Otamatea Survey 1925. District, and apply proceeds towards 13. Empowering Selwyn Plantation Board to purchase of other land. purchase land for plantation purposes, and 4. Cancelling reservation as a domain over providing for the more effective carrying Lots Band D, Block I, Hunua Survey on of the Board's operations. District, and declaring the same to be 14. Adding certain Crown land in Block II, reserved for scenic purposes. Lyndon Survey District, to Hanmer Town 5. Authorizing the Raglan Town Board to sell area. a certain reserve. 15. Authorizing the Peel Forest Board to grant 6. Section 18 of Reserves and other Lands leases of special areas set apart for the Disposal Act, 1927, amended. purpose. 7. Validating lease granted by Hutt Park 16. Validating a certain payment by the Waikaka Committee over portion of Hutt Park Domain Board. Recreation Reserve. 17. Providing for certain expenditure out of 8. Cancelling State - forest reservation over North Island Experimental Dairy School certain land in Nelson Land District and Account. setting the same apart as a scenic reserve. 18. Extending provisions of section 124 of the 9. Authorizing the issue of a certificate of title Land Act, 1924, to the holders of leases of in the name of His Majesty the King for certain lands. Section 19, Block XIII, Wai-iti Survey 19. Bringing under the Tourist and Health District. Resorts Control Act, 1908, certain portions 10. Nelson Harbour Act, 1905, amended. of the Tongariro National Park. II. Authorizing the issue of a certificate of title 20. Authorizing Tongariro National Park Board in the name of His Majesty the King for to appoint committees. Section 20, Block XV, Wai-iti Survey 21. Authorizing the vesting of certain lands in the District. I Taieri River Trust as endowments. 1931, No. 41. AN ACT to provide for the Sale, Reservation, and other Disposition Title. of certain Reserves, Crown Lands, Endowments, and other Lands, and to validate certain Transactions. [11th November, 1931. BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows :-- 1. This Act may be cited as the Reserves and other Lands Short Title. Disposal Act, 1931. 2. Whereas by section eighty-two of the Reserves and other Lands Disposal and Public B.odies Empowering Act, 1920, part of the Kauri- hohore Public Cemetery, comprising Allotment 23B of the Parish of

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Page 1: New Zealand. · 2013. 11. 3. · 448 1931, No. 41.J Reserves and other Lands Disposal. [22 GEO. V. Whangarei, containing by admeasurement one rood thirty-eight and six twenty-fifthsperches,

22 GEO. V.] Reserves and other Lands Disposal.

New Zealand.

[1931, No. 41. 447

Altering theboundaries of certainreserves in the Parishof Whangarei.

Title. ANALYSIS.1. Short Title. 12. Authorizing cancellation of reservation as2. Altering the boundaries of certain reserves in provisional State forest over certain land

the Parish of Whangarei. in Waiwhero and Mawheranui Survey3. Authorizing the Wellsford Agricultural and Districts, and the setting apart of same

Pastoral Society (Incorporated) to sell for the purposes of the Coal-mines Act,Section 38, Block XVI, Otamatea Survey 1925.District, and apply proceeds towards 13. Empowering Selwyn Plantation Board topurchase of other land. purchase land for plantation purposes, and

4. Cancelling reservation as a domain over providing for the more effective carryingLots Band D, Block I, Hunua Survey on of the Board's operations.District, and declaring the same to be 14. Adding certain Crown land in Block II,reserved for scenic purposes. Lyndon Survey District, to Hanmer Town

5. Authorizing the Raglan Town Board to sell area.a certain reserve. 15. Authorizing the Peel Forest Board to grant

6. Section 18 of Reserves and other Lands leases of special areas set apart for theDisposal Act, 1927, amended. purpose.

7. Validating lease granted by Hutt Park 16. Validating a certain payment by the WaikakaCommittee over portion of Hutt Park Domain Board.Recreation Reserve. 17. Providing for certain expenditure out of

8. Cancelling State - forest reservation over North Island Experimental Dairy Schoolcertain land in Nelson Land District and Account.setting the same apart as a scenic reserve. 18. Extending provisions of section 124 of the

9. Authorizing the issue of a certificate of title Land Act, 1924, to the holders of leases ofin the name of His Majesty the King for certain lands.Section 19, Block XIII, Wai-iti Survey 19. Bringing under the Tourist and HealthDistrict. Resorts Control Act, 1908, certain portions

10. Nelson Harbour Act, 1905, amended. of the Tongariro National Park.II. Authorizing the issue of a certificate of title 20. Authorizing Tongariro National Park Board

in the name of His Majesty the King for to appoint committees.Section 20, Block XV, Wai-iti Survey 21. Authorizing the vesting of certain lands in theDistrict. I Taieri River Trust as endowments.

1931, No. 41.

AN ACT to provide for the Sale, Reservation, and other Disposition Title.

of certain Reserves, Crown Lands, Endowments, and other Lands,

and to validate certain Transactions. [11th November, 1931.BE IT ENACTED by the General Assembly of New Zealand

in Parliament assembled, and by the authority of the same, as

follows :--

1. This Act may be cited as the Reserves and other Lands Short Title.Disposal Act, 1931.

2. Whereas by section eighty-two of the Reserves and other Lands

Disposal and Public B.odies Empowering Act, 1920, part of the Kauri­

hohore Public Cemetery, comprising Allotment 23B of the Parish of

Page 2: New Zealand. · 2013. 11. 3. · 448 1931, No. 41.J Reserves and other Lands Disposal. [22 GEO. V. Whangarei, containing by admeasurement one rood thirty-eight and six twenty-fifthsperches,

448 1931, No. 41.J Reserves and other Lands Disposal. [22 GEO. V.

Whangarei, containing by admeasurement one rood thirty-eight andsix twenty-fifths perches, more or less, was vested in the body corporateknown as the Presbyterian Church Property Trustees (hereinafter referredto as the Church Trustees) constituted under the Presbyterian ChurchProperty Act, 1885: And whereas it is desirable that the boundariesof the land so vested should be amended by adding thereto the landdescribed in subsection four hereof, which now forms part of the Kauri­hohore Public Cemetery hereinbefore referred to, and by excludingtherefrom the area described in subsection fiveQhereof: And whereasit is desirable that the portion of an adjoining public-school site describedin subsection SL"'C hereof should be added to the said Kaurihohore PublicCemetery: And whereas the Church Trustees, the Trustees of theKaurihohore Public Cemetery (hereinafter referred to as the CemeteryTrustees), and the Education Board of the District of Auckland haveagreed to such adjustment of boundaries: Be it therefore enacted asfollows :-

(1) The reservation for the purpose of a public cemetery over theland described in subsection four hereof and the vesting of. the main­tenance and care thereof in the Cemetery Trustees are hereby revoked,and the said land is hereby vested in the Church Trustees, to be heldby the Church Trustees as set forth and declared in and by the saidPresbyterian Church Property Act, 1885. ~

(2) The vesting of the land described in subsection five hereof inthe Church Trustees pursuant to section eighty-two of the Reservesand other Lands Disposal and Public Bodies Empowering Act, 1920,is hereby revoked, and the said land is hereby declared to form part ofthe Kaurihohore Public Cemetery, and the maintenance and care thereofis hereby vested in the Cemetery Trustees.

(3) The reservation as a public-school site· over the land describedin subsection six hereof and the vesting thereof in the Education Boardof the District of Auckland are hereby revoked, and the said land ishereby declared to form part of the Kaurihohore Public Cemetery, andthe maintenance and care thereof is hereby vested in the CemeteryTrustees.

(4) The land to which subsection one hereof relates is particularlydescribed as follows :-

All that area in the North· Auckland Land District, WhangareiCounty, containing by admeasurement five and nine-tenths perches, moreor less, being part of Allotment 23B, Whangarei Parish: bounded,commencing at a point on a public road, which point is distant 508·6links in a north-westerly direction from the south-eastern corner ofAllotment 23B aforesaid, on the south-east and south-west by anotherpart of Allotment 23B aforesaid, by lines -bearing 2360 8', distance162'8 links; bearing 3250 24', distarice 3'9 links; on the north-westby another part of Allotment 23B aforesaid bya line bearing 430 11',distance 166·7 links; on the north-east by the aforementioned publicroad by a line bearing 1450 24', distance 41'3 links, to the point ofcommencement: be all the aforesaid measurements more or less: asthe same is more particularly delineated on Plan Number 26477 (blue),deposited in the office of the Chief Surveyor, at Auckland, andthereon coloured blue.

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22 GEO. V.] Reserves and other Lands Disposal. [1931, No. 41. 449

(5) The land to which subsection two hereof relates is particularlydescribed as follows:-

All that area in the North Auckland Land District, WhangareiCounty, containing by admeasurement two and four-tenths perches,more or less, being part of Allotment 23B, Whangarei Parish: bounded,commencing at a point on a publicroad, being the south-east cornerof Allotment 23A, Whangarei Parish, on the east, by the aforementionedpublic road by a line bearing 1450 24', distance 25·0 links; on thesouth-east by another part of Allotment 23B aforesaid by a line bearing2340 46', distance 121·7 links; on the north-west by part Allotment23A, Whangarei Parish, by a line bearing 430 11', distance 124·5 links,to the point of commencement: be all the aforesaid measurements moreor less: as the same is more particularly delineated on Plan Number 26477(blue), deposited in the office of the Chief Surveyor, at Auckland, andthereon coloured yellow.

(6) The land to which subsection three hereof relates is particularlydescribed as follows:-

All that area in the North Auckland Land District, WhangareiCounty, containing by admeasurement one rood one and three-tenthsperches, more or less, being part of Allotment 23A, Whangarei Parish:bounded, commencing at a point on a public road, being the south-eastcorner of Allotment 23A aforesaid, on the south-east by parts ofAllotment 23B, Whangarei Parish, by a line bearing 223 0 11', distance513·0 links; on the south-west by Allotment 23, vVhangarei Parish,by a line bearing 3250 24', distance 103·0 links; on the north-west byanother part of Allotment 23A aforesaid, by a line bearing 540 46',distance 501·4 links, to the point of commencement: be all the afore­said measurements more or less: as the same is more particularlydelineated on Plan Number 26477 (blue), deposited in the office of theChief Surveyor, at Auckland, and thereon coloured red.

3. Whereas by an Order in Council dated the eleventh day of Authorizing the

January, nineteen hundred and twenty-two, and published in the ~~lfc~~~al and

Gazette of the twelfth day of the same month, the land described in Pastoral Society

subsection four· hereof was vested in the Wellsford Agricultural and ~~~Cs~~[~te:~ to

Pastoral Society (Incorporated) in trust for an agricultural and pastoral Block XVI; ,

h d d bli t · dAd h th ·d Otamatea SurveyS owgroun an a pu c recrea IOn-groun . : n w ereas e sal District, and apply

land is unsuitable for the purposes for which it has been set apart: proceeds towards'

And whereas the land described in subsection five hereof is suitable fa~~~ase of other

for the said purposes, and the said society has entered into an agreementto purchase the same: And whereas it is expedient that the said societyshould be authorized to sell the land firstly hereinbefore referred toand to apply the proceeds of such sale towards the purchase of theland secondly hereinbefore referred to: Be it therefore enacted asfollows :-

(1) Notwithstanding anything to the contrary in the Public Reserves,Domains, and National Parks Act, 1928, or any other Act, the WellsfordAgricultural and Pastoral Society (Incorporated) may sell either bypublic auction or by private treaty the land described in subsection fourhereof upon such terms and conditions as the Minister of Lands mayapprove.

(2) The proceeds of such sale shall be applied towards the purchaseof the land described in subsection five hereof.

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450 1931, No. 41.] Reserves and other Lands Disposal. [22 GEO. V.

Cancellingreservation as adomain overLots Band D,Block I,Hunua SurveyDistrict, anddeclaring the sameto be reserved forscenic purposes.

Authorizing theRaglan Town Boardto sell a certainreserve.

(3) Upon completion of the purchase of the land described insubsection five hereof the said land shall be conveyed to His Majestythe King as a reserve for an agricultural and pastoral showground anda public recreation-ground.

(4) The land to which subsection one hereof relates is particularlydescribed as follows:-

All that area in the North Auckland Land District, containing byadmeasurement twenty-two acres one rood thirteen perches, more orless, being Section 38, Block XVI, Otamatea Survey District.

(5) The land to which subsection two hereof relates is particularlydescribed as follows :-

All that area in the North Auckland Land District, containing byadmeasurement three acres and twenty-eight and three-tenths perches,more or less, being Lot 1 on the plan deposited in the Land TransferOffice at Auckland under Number 22800, and being part of the westernportion of Section 31, Block XVI, Otamatea Survey District: as thesame is delineated on the plan marked L. and S. 22/462, deposited inthe Head Office, Department of Lands and Survey, at Wellington, andthereon bordered red.

4. Whereas by section nine of the Wanganui River Trust Act, 1891,the Governor-General is empowered to declare by Proclamation anylands within the district under the jurisdiction of the Wanganui RiverTrust to be a public domain: And whereas, by Proclamation publishedin the Gazette of the twenty-ninth day of December, eighteen hundredand ninety-two, the lands described in the Schedule to the said Proclama­tion, comprising thirty-three thousand and thirty-three acres, more orless, were set apart as a public domain and placed under the control ofthe said Trust: And whereas it is expedient that the portions of thesaid public domain hereinafter described should be reserved for scenicpurposes and brought under the operation of the Scenery PreservationAct, 1908: Be it therefore enacted as follows:-

(1) The reservation as a public domain over the lands hereinafterdescribed and the vesting of the control thereof in the Wanganui RiverTrust are hereby cancelled, and the said lands are hereby declared tobe reserved for scenic purposes and to be subject to the provisions ofthe Scenery Preservation Act, 1908.

(2) The lands so declared to be reserved for scenic purposes areparticularly described as follows :- .

All that area in the Wellington Land District, containing byadmeasurement three acres and twenty-five perches, more or less,being Lot B, Block I, Hunua Survey District.

Also all that area in the Wellington Land District, containing byadmeasurement one acre and twenty-one perches, more or less, beingLot D, Block I, Hunua Survey District.

As the same are delineated on the plan marked 270/20H, depositedin the office of the Chief Surveyor, at Wellington, and thereon colouredred.

5. Whereas by an Order in Council issued pursuant to sectionfour of the Public Reserves and Domains Act, 1908, dated the twenty­ninth day of August, nineteen hundred and eleven, and published inthe Gazette of the thirty-first day of the same month, the land herein­after described was vested in the Raglan Town Board, in trust, as an

Page 5: New Zealand. · 2013. 11. 3. · 448 1931, No. 41.J Reserves and other Lands Disposal. [22 GEO. V. Whangarei, containing by admeasurement one rood thirty-eight and six twenty-fifthsperches,

22 GEO. V.] Reserves and other Lands Disposal. [1931, No. 41. 451

endowment or for the use of the said Town Board; And whereas itis expedient that the Raglan Town Board should have power to sellthe said land and to apply the proceeds of such sale in the developmentof other reserves in the Raglan Town District; Be it therefore enactedas follows:-

(I) Notwithstanding anything to the· contrary in any Act, theRaglan Town Board may sell the said land freed and discharged fromthe reservation aforesaid.

(2) The net proceeds of such sale shall be applied in the develop­ment of other reserves vested in the Raglan Town Board.

(3) The land to which this section relates is particularly describedas follows;-

All that area in the Auckland Land District, containing byadmeasurement two roods eighteen perches, more or less, being Lot13, Block VIII, Town of Raglan.

6. Section eighteen of the Reserves and other Lands Disposal Section 18 °df h

A t 27 ' h b d db' . . h bl b f h Reserves an ot erC ,19 ,IS ere y amen e y msertmg m t e pream e, e ore t e Lands Disposal Act,words "referred to as the lessees", the words "with their executors, 1927, amended.

administrators, and assigns", and by repealing subsections one and twothereof, and substituting the following subsections ;-

"(I) (a) Notwithstanding anything to the contrary in any Act,the Auckland Land Board is hereby empowered to accept with theconsent in writing of the encumbrancers (if any) the surrender of thelease hereinbefore referred to, and to issue in substitution therefor arenewable lease under Part III of the Land Act, 1924, over suchparts of the lands described in subsections three and four hereof asmay be mutually agreed upon by the said Board and the lessees, ata rent calculated on such value, exclusive of improvements, as theBoard may see fit to fix.

" (b) The said renewable lease shall be subject to such specialconditions as may be mutually agreed upon by the Land Board and thelessees, and to all existing encumbrances, liens, and interests (if any)registered against the surrendered lease, and the District Land Regis­trar shall record on the new lease all such encumbrances, liens, andinterests accordingly in the order of their registered priority.

" (c) The provisions of sections one hundred and twenty-three,one hundred and thirty-six to one hundred and forty-one, and onehundred and seventy-nine of the Land Act, 1924, shall not apply to theowner of a renewable lease granted pursuant to this section.

" (2) For the purpose of fixing the rental to be reserved by anyrenewed lease granted in terms of a lease granted pursuant to thissection no account shall be taken of any improvements existing at thetime of such renewal that have been effected or that have been paidfor by the lessees."

7. Whereas the Hutt Park Committee, by deed bearing date the Validating lease

first day of October, nineteen hundred and thirty-one, leased or pur- fa~teo~~m~~::ported to lease to Walter Alexander Cairns, of Lower Hutt, storekeeper, over portion of

h " f 1 d h . f d "b] And h h"d' Hutt Parkt e pIeCe 0 an erella ter escn eo; w ereas t e sal pIece Recreation Reserve.

of land is separated by a road from the area commonly known as theHutt Park and used for purposes of public recreation, and is notrequired or adapted for recreation purposes; And whereas doubts

29*

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452 1931, No. 41.] Reserves and other Lands Disposal. [22 GEO. V.

Cancelling State­forest reservationover certain land inNelsonLandDistrict and settingthe same apart as ascenic reserve.

have arisen as to whether the committee could lawfully make andenter into the said deed: Be it therefore enacted as follows :-

(I) The said deed shall be deemed to have been lawfully made andentered into by the Hutt Park Committee and the said WalterAlexander Cairns.

(2) The land to which this section relates is particularly describedas follows:-

All that piece or parcel of land in the Borough of Lower Hutt,situated in the Wellington Land District, containing by admeasurementtwenty-three and forty-nine fiftieths perches, more or less, being part ofthe land known as the Hutt Park Recreation Reserve, part Section 12,Hutt Registration District, Block XIV, Belmont Survey District,and bounded by a line':commencing1at the intersection of RandwickRoad with Park Road, and proceeding in a south-easterly directionalong the south-western side of the said Park Road for a distanceof 188'53 links; thence along the south-western side of SeaviewRoad for a distance of 31'84 links; thence in a westerly direction,on a bearing of 2480 6' 37", and for a distance of 138·38 links,to the eastern side of Randwick Road; and· thence in a north-easterlydirection along the eastern side of Randwick Road, for a distanceof 258'72 links, to its intersection with Park Road, the place ofcommencement.

8. Whereas the land hereinafter described forms portion of a pro­visional State forest reserve set apart by Proclamation published inGazette of the eighth day of July, nineteen hundred and twenty, andportion of a permanent State forest reserve set apart by Proclamationpublished in Gazette of the ninth day of January, nineteen hundred andthirty-one, and the said land is now subject to the provisions of theForests Act, 1921-22: And whereas it is desirable that the saidland should be set apart as a scenic reserve subject to theprovisions of the Scenery Preservation Act, 1908, as recommendedby the Board constituted under that Act: Be it therefore enactedas follows :-

(1) The reservation for provisional and permanent State forestpurposes over the land hereinafter described is hereby cancelled, andthe said land is hereby set apart as a scenic reserve subject to theprovisions of the Scenery Preservation Act, 1908.

(2) The land to which this section relates is particularly describedas follows :-

All that area in the Nelson Land District, containing three thousandtwo hundred and ninety acres, more or less, situated in Blocks II, IV,V, and VII, Maungatapu Survey District, and bounded by a linecommencing at the eastern corner of Section 6, Square 18, and runningalong the south-eastern boundary of the said section; thence along theeastern boundary of Section 2, Square 18, the south-eastern boundariesof Sections 5, 4, and 3 of Square 18, and the south-western boundariesof the said Section 3 and of Section 1, Square 18, imd the southernboundary of Section 1, Block IV, Maungatapu Survey District, to thesouth-western corner of the said Section 1; thence in an easterlydirection along the top of a spur to Trig. Station D.A.; thence in asouth-easterly direction along the top of a ridge to Trig. H. (Rocks);thence generally in a north-easterly direction along the summit of the

Page 7: New Zealand. · 2013. 11. 3. · 448 1931, No. 41.J Reserves and other Lands Disposal. [22 GEO. V. Whangarei, containing by admeasurement one rood thirty-eight and six twenty-fifthsperches,

22 GEO. V.] Reserves and other Lands Disposal. [1931, No..41. 453

range through Trig. Station C. (Dun Mountain) and Little Twin toTrig. Station K.H. (Maungatapu); thence in a north-westerly directionby a straight line to the point of commencement: as the same is moreparticularly delineated on the plan marked L. and S. X/97/16,deposited in the Head Office, Department of Lands and Survey, atWellington, and thereon bordered red.

9. 1Vhereas the land described in subsection two hereof is portion Authorizing theof a closed road: And whereas the said closed road passes through issu~ of.a certificate

. '" . of tItle ill the nameland vested In HIS MaJesty subJect to the Discharged SoldIers Settle- of.His Majest;v thement AnIendment Act 1921-22 being all that parcel of land com- King for SectIOn. ~9!

. . . ' . ' . Block XIII, Wal-ltlpnsed III certIficate of tItle, Volume 69, folio 143, Nelson RegIstry: Survey District..

And whereas it is desirable to. authorize the issue to His Majesty of acertificate of title in respect of the said piece of closed road: Be ittherefore enacted as follows:-

(1) The District Land Registrar for the Land Registration Districtof Nelson is hereby empowered and directed to issue, free of cost, acertificate of title in the name of His Majesty the King in respect ofthe closed-road area described in subsection two hereof, such parcel ofland to be held by His Majesty the King in like manner to the landvested in him by virtue of certificate of title, Volume 69, folio 143,Nelson Registry, and to be subject to all the rights and privileges con­ferred by the Discharged Soldiers Settlement Amendment Act, 1921-22,and any amendments thereof; and notwithstanding anything to thecontrary contained in any Act, such certificate of title shall be subjectto the same restrictions, charges, leases, and encumbrances (if any) asthose to which the certificate of title, Volume 69, folio 143, hereinbeforereferred to is subject.

(2) The land in respect of which such certificate of title shall beissued is particularly described as follows :-

All that area in the Nelson Land District, containing by admeasure­ment one acre one rood thirty-three perches, more or . less, beingSection 19, Block XIII, Wai-iti Survey District: as the same is moreparticularly delineated on the plan numbered 29/86, deposited in theoffice of the Chief Surveyor of the Nelson Land District, at Nelson, andthereon coloured red.

10. Whereas bv the Nelson Harbour Act, 1905, the Nelson Harbour Nelson HarbourBoard was endowed with the foreshore of the Nelson Harbour, the Act, 1905, amended.

Waimea mud-flats and the flats within the harbour as described in theFirst Schedule to the said Act: And whereas the description of theland so vested was incorrectly set forth in the said Schedule, and it isdesirable that the error of description should be rectified: Be ittherefore enacted as follows:-

The First Schedule to the Nelson Harbour Act, 1905, is herebyamended as from. the commencement of that Act by adding to thesecond paragraph thereof the words" and Sections 80, 83, and 84, allin Suburban South Original District, in Block III, Waimea SurveyDistrict".

11. Whereas the land described in subsection two hereof is portion Authorizing the

f 1 d d And h .. d . bl h' h' issue of a certificateo a c ose roa : w ereas It IS eSlra e to aut onze t e Issue to of title in the name

His Majesty of a certificate of title to the said land and to incorporate of His Majesty the

h . hI' d d N b . h N 1 King for Section 20t e same III t e ease regIstere un er urn er 55377 ill tee son Block XV, Wai-iti 'Registry of the lands (being lands vested in His Majesty subject to the Survey District.

Page 8: New Zealand. · 2013. 11. 3. · 448 1931, No. 41.J Reserves and other Lands Disposal. [22 GEO. V. Whangarei, containing by admeasurement one rood thirty-eight and six twenty-fifthsperches,

454 1931, No. 41.] Reserves and other Lands Disposal. [22 GEO. V.--,.-

Authorizingcancellation ofreservation asprovisional Stateforest over certainland in Waiwheroand MawheranuiSurvey Districts,and the settingapart of same forthe purposes of theCoal-mines Act,1925.

Discharged Soldiers Settlement Amendment Act, 1921-22) comprised incertificate of title, Volume 69, folio 91, Nelson Registry, the said leasehaving been granted under the said Act: Be it therefore enacted asfollows :-

(1) The District I~and Registrar for the Land Registration Districtof Nelson is hereby empowered and directed to issue, free of cost, acertificate of title in the name of His Majesty the King in respect of theclosed-road area described in subsection two hereof, such parcel of landto be held by His Majesty the King in like manner to the landsvested in him by virtue of certificate of title, Volume 69, folio 91,aforesaid, and to be subject to all the rights and privileges conferredby the Discharged Soldiers Settlement Amendment Act, 1921-22, andany amendments thereof; and, notwithstanding anything to thecontrary contained in any Act, such certificate of title shall besubject to the same restrictions, charges, leases, and encumbrances (ifany) as those to which the certificate of title, Volume 69, folio 91,hereinbefore referred to is subject.

(2) The land in respect of which such certificate of title shall beissued is particularly described as follows :-

All that area in the Nelson Land District, containing byadmeasurement one rood thirty-one and four-fifths perches, more orless, being Section 20, Block XV, Wai-iti Survey District (formerlypart of Section 78, Square 4): as the same· is more particularlydelineated on the plan numbered 726R, deposited in the office of theChief Surveyor of the Nelson Land District, at Nelson, and thereoncoloured green.

12. Whereas the land hereinafter described forms portion of anarea of national-endowment land set apart by Proclamation dated theeleventh day of October, nineteen hundred and twenty, and publishedin the Gazette of the fourteenth day of that month, as and for aprovisional State forest, and is now·subject to the provisions of theForests Act, 1921-22 : And whereas it is desirable that the said landshould be set apart for the purposes of Part III of the Coal-mines Act,1925: Be it therefore enacted as follows :-

(1) The Governor-General may by Order in Council cancel thereservation as a provisional State forest over the land hereinafterdescribed, and set apart the said land for the purposes of Part III of theCoal-mines Act, 1925.

(2) Upon the issue of any Order in Council pursuant to this sectionthere shall be paid from the State Coal-mines Account to the ConsolidatedFund, National-endowment Revenue, such total sum or such annualallocation of revenue derived from the said land as may be determinedby the Minister of Finance and the Minister of Mines.

(3) The land to which this section relates is particularly describedas follows :-

All that area of national-endowment land in the Westland LandDistrict, containing by admeasurement two hundred and forty-eightacres, more or less, beingpart of Provisional State Forest Number 1592,situated in Block XIV, Waiwhero Survey District, and Block II,Mawheranui Survey District, and bounded as follows: commencing atthe northernmost corner of Section 2, Block II aforesaid, and proceeding40 chains on a bearing of 3200

; thence 34 chains on a· bearing of 2400;

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22 GEO. V.] Reserves and other Lands Disposal. [1931, No. 41. 455

thence 65 chains on a bearing of 2030 to the north-western boundary ofSection 1, Block II aforesaid; thence 92 chains along the north-westernboundaries of Sections 1 and 2 aforesaid to the· point of commencement:as the same is more particularly delineated on Plan Number JI9/24,deposited in the Head Office of the State Forest Service at Wellington,and. thereon bordered red.

13. (1) The Selwyn Plantation Board (hereinafter referred to as Empowering Selwynthe Board), constit~ted by section, seven~y-seven of. the Reservesr~a;:-l~e~~~dforand other Lands DIsposal and Public BodIeS Empowerrng Act, 1910 plantation purposes,(h . f f d h· 'd .) . h h t andprovidingforerema ter re erre to as t e sal sectIOn, J;Ilay, Wit t e consen the more effectiveof the Minister of Lands first had and obtained, apply any portion carrying on of ~he

of its funds towards the purchase of lands suitable for plantation Board's operatlOns.purposes.

(2) Any land so purchased shall be conveyed or transferred toHis Majesty, and the Governor-General may thereupon, by Order inCouncil, vest the same in the Board in trust for plantation purposes,and' such land shall be subject to the provisions of the said section,and any amendments thereof.

(3) The Board is hereby declared to be a body corporate under thename of the Selwyn Plantation Board, with perpetual succession and acommon seal, and to be capable of doing and suffering all such actsand things as bodies corporate may lawfully do and suffer. The Boardshall establish and maintain and publicly notify an office at which noticesand other documents may be served on the Board.

(4) The authority conferred on the Governor-General by para­graph (b) of the said section to appoint one member of the Board shall bedeemed to include and at all times heretofore to have included authorityso to appoint the holder for the time being of any office in the PublicService, and it shall not be necessary to appoint or to have appointedany such person by name.

(5) The power to make regulations conferred on the Governor­General in Council by paragraph (c) of the said section shall includepower to make regulations for all or any of the purposes for which aDomain Board may make by-laws under subsection one of sectionfifty-five of the Public Reserves, Domains, and National Parks Act,1928. All regulations made under the power hereby conferred shallbe published by being painted on boards or printed on paper or linen,and displayed and kept displayed at one or more of the principalentrances to every reserve to which they relate.

14. (1) The land hereinafter described is hereby declared to form Adding ccrt~in

part of the Hanmer Town area, and to be subject to the provisions of ~~:: ~~~i;donthe Hanmer Crown Leases Act, 1928. Survey District, to

(2) The land to which this section relates is particularly described HanmLT Town area.as follows:-

All that area in the Canterbury Land District, containing byadmeasurement eighty-three acres two roods seventeen perches, moreor less, situated in Block II, Lyndon Survey District: bounded by aline commencing at a point on the south-east side of the Hanmer­Christchurch Main Road, being the south-west corner of Reserve 3941 ;thence north-easterly and north-westerly along the south-east and north­east sides of that road to Block V, Hanmer Springs Township; thencenorth-easterly and north-westerly along the south-east and north-east

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456 1931, No. 41.] Reserves and other Lands D~:sposal. [22 GEO. V.

Validating a certainpayment by theWaikaka DomainBoard.

Authorizing the PeelForest Board togrant leases ofspecial areas setapart for theputpose.

Extendingprovisions ofsection 124 of theLand Act, 1924, tothe holders ofleases of certainlands.

Bringing under theTourist and Healthltesorts ControlAct, 1908, certainportions of theTongariro NationalPark.

boundaries of the said block, the abutment of a road, and north­westerly and north-easterly along the north-east and south-east bound­aries of Block IV of the' said township to Lea~gton Street; thencesouth-easterly along the south-west side of that street to Reserve 3745 ;thence south-westerly, south-easterly, north-easterly, and north-westerlyalong the north-west, south-west, south-east, and north-east sides ofthat reserve to Scarborough Terrace; thence north-easteTly generallyalong the south-east sides of that terrace and Jollies Pass Road to apoint 64'1 links distant from the north-east corner of Reserve 3941aforesaid; thence south-westerly generally along a line 50 links north­west of and parallel to the south-east side of Reserve 3941 to a publicroad; thence south-westerly along the north-west side of that road tothe south-west corner of Reserve 3941, the point of commencement:as the same is more particularly delineated on the plan marked L. andS. 9/796, deposited in the Head Office, Department of Lands andSurvey, at YVellington, and thereon bordered red.

15. The Peel Forest Board may, with the consent of the Governor­General, set apart leasing areas within the Peel Forest Park, and maygrant leases thereof, or any part thereof, on such terms as may beapproved by the Minister for the time being charged with the adminis­tration of the Scenerv Preservation Act, 1908.

16. Notwithsta~ding anything to the contrary in the PublicReserves, Domains, and National Parks Act, 1928, or any other Act,the payment during the financial year ended the thirty-first day ofMarch, nineteen hundred and thirty, by the \Vaikaka Domain Boardto Robert Hill Gardyne, Chairman of the said Board, of the sum offifteen pounds four shillings and sevenpence for certain material suppliedby him is hereby validated and declared to have been lawfully madeby the said Board and to have been lawfully received by the said RobertHill Gardvne.

Providing for certain 17. There may be paid out of the North Island Experimentalexpenditure out of Dairy-school AccoUnt an amount not exceeding two hundred andNorth Island d f h f . b . h C l'd d F dExperimental Dairy twenty poun s or t e purpose 0 reIm ursmg t e onso 1 ate unSchool Account. for expenditure on replanting (including cost of fencing and all other

costs incidental to such replanting) a shelter-belt on the endowmentfor the establishment of an experimental dairy-school for the NorthIsland, known as Section 534, Patea District, Block XI, HaweraSurvey District, Taranaki Land District.

18. The provisions of section one hundred and twenty-four of theLand Act, 1924, are hereby extended so as to apply to the holder ofany lease granted pursuant to the provisions of section one hundredand thirty or the Reserves and other Lands Disposal and Public BodiesEmpowering Act, 1924, and of section twelve of the Reserves and otherLands Disposal Act, 1928.

19. (1) As from the passing of this Act the several parcelsof land described in subsection three hereof (being portions of theTongariro NationalPark, and hereinafter called the said parcels) shall,notwithstanding anything to the contrary in the Tongariro NationalPark Act, 1922, be subiect to the Tourist and Health Resorts ControlAct, 1908 (hereinafter i~ this section referred to as the said Act), andshall thereafter be administered under the said Act.

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22 GEO. V.] Reserves and other Lands Disposal. [1931, No. 41. 457

(2) The Minister of the Crown (hereinafter referred to as the.Minister) for the time being having the administration of the said Actshall in respect of the said parcels have and may exercise all the powersconferred by the said Act and its amendments, and, in particular, thepowers conferred by section seventeen of the Finance Act, 1926, andshall, in addition, have power to do all things that the lessee had powerto do under the provisions of two deeds of lease relating to the saidparcels, each made between the Tongariro National Park Board(hereinafter called the Board) of the one part and the TongariroPark Tourist Company, Limited, of the other part, and bearing daterespectively the ninth day of November, nineteen hundred andtwenty-eight, and the twenty-fourth day of March, nineteen hundredand thirty.

(3) The said parcels are more particularly described as follows :­All that area in the \Vellington Land District, containing by

admeasurement fifty-seven acres three roods thirty perches, more orless, known as the hostel-site, Tongariro National Park, being partOkahukura Number 8 Block, situated in Block III, Ruapehu SurveyDistrict, and being the whole of the area numbered 1 on Plan 89/5/R,deposited in the \Vellington District Office, Department of Lands andSurvey, and thereon bordered red.

Also all that area in the Wellington Land District, containing byadmeasurement one acre three roods seventeen perches, more or less,known as the Whakapapa Huts site, Tongariro National Park, beingpart Okahukura Number 8 Block, situated in Block III, RuapehuSurvey District, and being the whole of the area numbered 2 on Plan89/5/R, deposited in the Wellington District Office, Department ofLands and Survey, and thereon bordered red.

Also all that area in the 'vVellington Land District, containing byadmeasurement two roods, more or less, known as the MangatepopoHuts site, Tongariro National Park, being part Okahukura Number 7Block, situated in Block XVI, Tongariro Survey District, and beingthe whole of the area numbered 3 on Plan 89/5/R, deposited in theWellington District Office, Department of J__ands and Survey, andthereon bordered red.

Also all that area in the \Vellington Land District, containing byadmeasurement two acres and thirty-six perches, more or less, knownas the Ohakune Hut site, Tongariro National Park, being partRangataua North Number 1 Block, situated in Block XIV, RuapehuSurvey District, and being the whole of the area numbered 4 on Plan153/2, deposited in the Wellington District Office, Department ofLands and Survey, and thereon bordered red.

Also all that area in the \Vellington Land District, containing byadmeasurement two roods, more or less, knOWll as the WaihohonuHut site, Tongariro National Park, being part Rangipo North Number6A Block, situated in Block I, Kaimanawa Survey District, and beingthe whole of the area numbered 5 on Plan 153/3, deposited in theWellington District Office, Department of Lands and Survey, andthereon bordered red.

Also all that area in the Wellington Land District, containing byadmeasurement eighty-four acres one rood thirty-eight perches, moreor less, being portion of the Tongariro National Park, and being part

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458 1931, No. 41.] Reserves and other Lands Disposal. [22 GEO, V.

AuthorizingTongariro NationalPark Board toappoint committ{les.

Okahukura Number 8 Block, situated in Block III, Ruapehu SurveyDistrict, being the whole of the area numbered 6 on Plan 153/4,.deposited in the Wellington District Office, Department of Lands andSurvey, and thereon bordered red.

Also all that area in the Wellington Land District, containing byadmeasurement three roods thirty-eight perches, more or less, beingportion of the Tongariro National Park, and being part OkahukuraNumber 8 Block, situated in Block III, Ruapehu Survey District,being the whole of the area numbered 7 on Plan 89/6/R, deposited

.in the Wellington District Office, Department of Lands and Survey,and thereon bordered red.

Also all that area in the Wellington Land District, containing byadmeasurement three perches, more or less, being portion of theTongariro National Park, and being part Okahukura Number 8Block, situated in Block III, Ruapehu Survey District, being thewhole of the area numbered 8 on Plan 89/6/R, deposited in theWellington District Office, Department of Lands and Survey, andthereon bordered red.

(4) Any movable property belonging to the Board being in orupon or used in connection with any of the said parcels may beassigned to and vested in the Minister to be used by him for thepurposes of this section upon such terms as may from time to timebe agreed upon between the Minister and the Board.

(5) Nothing herein contained shall affect the rights of the PublicTrustee as holder of certain securities issued under the authority ofsection thirty-six of the Finance Act, 1928, and section forty-five ofthe Finance Act, 1929, but the Public Trustee may exercise all therights enjoyed by him under the said securities as if this Act had notbeen passed.

(6) The Governor-General may from time to time, by Order inCouncil, bring under the provisions of .the said Act any other area orareas comprised withi:q the Tongariro National Park which the Boardby resolution declares to be required for the purpose of providingcamping or recreation grounds or sites, for the erection of lodges andhuts, or for other purposes connected with the management andadministration of the buildings erected upon the .said parcels.

20. The Tongariro National Park Board constituted under theTongariro National Park Act, 1922,may from time to time appointstanding or special committees of two or more persons (being membersof the Board), and may by resolution delegate to any such committeeany of the powers and duties of the Board, and every committee towhich any powers or duties are delegated as aforesaid may, withoutthe necessity of confirmation by the Board, exercise or perform thesame with the same effect as if the Board itself exercised or performedthe same:

Provided that every such committee shall be subject in all thingsto the control of the Board, and shall carry out all directions, generalor special, of the Board given in relation to such committee or itsaffairs; but no person,being a party to any contract entered into bythe Board through such committee, shall be concerned to inquire intoany direction so given by the Board or be affected by notice of anysuch direction or the terms thereof.

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22 GEO. V.] Reserves and other Lands Disposal. [1931, No. 41. 459

21. Whereas the beds of Lakes Waipori and Tatawai are by section Authorizing the. f h T' . R' I A t 920 d' h vesting of certainmneteen 0 t earen lver mprovement c, 1 ,veste III t e lands in the Taieri

Taieri River Trust (hereinafter referred to as the said Trust) as an River Trust as

endowment (hereinafter referred to as the lake-beds endowment) : And endowments.

whereas surrounding the beds of· the said lakes are certain lakesidereserves and unused road-lines (hereinafter referred to as the saidreserves), as the sairl reserves are more particularly described in sub-section six hereof: And whereas there are situated in Lake Tatawai,in Lake 1Vaipori, and in the COlmeeting channel between the twosaid lakes certain islands which are more particularly described insubsection seven hereof (hereinafter referred to as the said islands):And whereas it is considered desirable to vest the said reserves and thesaid islands in th;) said Trust as endowments: Be it therefore enacted a.sfollows :-

(1) The Governor-General may at any time, by Order in Council,cancel the existing reservation over each of the said reserves or fromtime to time over any part of any of the said reserves, and by thesame or a subsequent Order in Council vest in the said Trust as anendowment the land affected bv such cancellation, and may in like·manner vest the said islands in the said Trust as an endowment ~(all suchendowments being hereinafter collectively referred to as the saidendowments).

(2) The said Trust shall in respect of each of the said endowmentsvested in it under the last preceding subsection be a leasing authoritywithin the meaning of the Public Bodies' Leases Act, 1908.

(3) All revenue derived from the said endowments, and the proceedsof any sale pursuant to the power conferred by the next succeeding sub­section of any land forming part of any of the said endowments, andany moneys received by way of equality of exchange in respect of anysuch land, shall be applied by the said Trust towards payment of interestand other charges on any loan or loans raised by the said Trust for thepurpose of improving the waterway of the Waipori River and extensionof the contour-channel and channels running through the said lakes,or by way of expenditure on any work or works pertaining to the saidendowments or the beds of the said lakes.

(4) Notwithstanding anything contained in this section or in anyother Act, the said Trust for the purpose of correcting, adjusting, andmore fully determining the boundaries between the said endowmentsand the lake-beds endowment and adjoining privately-owned lands mayfrom time to time sell to the owner of any such adjoining land anyland forming part of any such endowment, or may exchlwge anysuch endowment land for any adjoining privately-owned land (and inconnection with any such exchange give or receive any money by wayof equality of exchange). . ~

(5) Any land so sold or given in exchange by the said Trust shallthereupon be freed and discharged from the reservation theretoforeaffecting it, and any land acquired by the said Trust by way ofexchange shall become part of the particular endowment from whichthe land given by the· said Trust was taken.

(6) The said reserves are more particularly described as follows :­All that area in the Otago Land District, containing by admeasure­

ment thirteen acres three roods, more or less, being the road reserve

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460 1931, No. 41.] Reserves· and other Lands Disposal. [22 GEO. V.

along the shore of Lake Waipori adjoining Sections 32 and 33, BlockVII, Clarendon Survey District, and the road and lakeside reservesbetween Sections I of I, 2 of I, and 2, Block VI, Maungatua SurveyDistrict, and Lake Waipori; and bounded as follows: commencingat the south-west corner of Section 33, Block VII, Clarendon SurveyDistrict; thence by said section and two public roads intersecting thesame, by Section 32, Block VII, Clarendon Survey District, I of I,2 of I, and 2, Block VI, Maungatua Survey District, to a point on theroad forming the south bounda,ry of said Section 2 opposite peg 7, asshown on Plan 10, Maungatua, deposited in. the office of the ChiefSurveyor, Dunedin, 8170 links; thence by a right line bearing181° 2' 30", 250 links, to the 1Vaipori Lake; thence by the saidlake to the point where the production of the west boundary ofSection 33, Block VII, Clarendon Survey District, touches the lake,8600 links; thence by the production of said section line, 110 links,to the point of commencement; be all the aforesaid linkagesmore or less.

Also all that area in the Otago Land District, containing byadmeasurement fifty-eight acres two roods, being the lakeside reservealong the shore of Lake Tatawai and part of the lakeside reserve androad reserve along the shore of Lake Waipori, together with the reserveson the east and west banks of the channel connecting the two lakes, andbounded as follows: commencing at the south-west corner of Section 9,Block VI, Maungatua Survey District, thence by said Section 9, thecrossing of a public road, a public road, Sections 8, 54, 47, 39, and 84,16572 links; again by Section 84, 557'5 links; by a public road100 links; by Sections 46, 45, 44, 43, a public road, Sections 42, 41, 40,a public road, Section 21, the reserve along each bank of Bull Creek andthe crossing of the said creek by Sections 12 and 10, Block VI, Maunga­tua Survey District, to a point opposite peg 47, as shown on Plan 10,Maungatua, deposited in the office of the Chief Surveyor, Dunedin,24600 links; thence by a line bearing 76° 24', 156·7 links, to saidpeg 47 and by the production of this line to the shore of LakeWaipori, 60 links; thence by the shore of said lake, by the eastbank of the channel connecting IJake Waipori with Lake Tatawai, bythe shore of the last-mentioned lake, and by the west bank of the before­mentioned channel, and by the shore of Lake W-aipori and a branch ofthe Waipori River to peg 6 at the most southern point of the roadforming the west boundary of Section 9, Block VI, MaungatuaSurveyDistrict, as shown on Plan 10, Maungatua, deposited in the office of theChief Surveyor, Dunedin, 44800 links; thence by said road, 58° 7',188 links, to the point of commencement; and excepting such parts ofthe Berwick-Henley Road as intersect the above-described parcel ofland, a deduction for which has been made from the area; be all theaforesaid linkages more or less.

As the same are more particularly delineated on the plan markedL. and S. 15/102, deposited in the Head Office, Department of Landsand Survey, at Wellington, and thereon coloured red.

(7) The said islands are more particularly described as follows :­All those areas in the Otago Land District, containing by

admeasurement seven acres, more or less, being an island near the southend of Lake Tatawai and two islands situated in the channel connecting

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22 GEO. V.] Reserves and other Lands Disposal. [1931, No. 41. 461

Lake Tatawai with Lake Waipori, and excepting such parts of theBerwick-Henley Road as intersect the above-described parcels of land,a deduction for which has been made from the area.

Also all those areas in the Otago Land District, containing byadmeasurement eleven acres, more or less, being the islands in theWaipori Lake lying to the east of Section 5, Block XXIII, WaiholaSurvey District, and to the north of Section 10, Block VI, MaungatuaSurvey District.

As the same are more particularly shown on the plan markedL. and S. 15/102, deposited in the Head Office, Department of Landsand Survey, at Wellington, and thereon coloured green.