Reserves and Other Lands Disposal Act 1980

1: Short Title and commencement
1: This Act may be cited as the Reserves and Other Lands Disposal Act 1980.
2: This Act shall come into force on the 28th day after the day on which it receives the Governor-General's assent.
2: State forests
Whereas the land to which this section relates is State forest land subject to the Forests Act 1949 And whereas it is desired that it should be declared to be Crown land subject to the Land Act 1948 And whereas section 19(1) And whereas it is desired to ensure that a lease affecting the land to which subsection (3)﻿(f) relates is not affected by the revocation of the State forest status of that land: Be it therefore enacted as follows:
1: The setting apart of the land to which this section relates as State forest land is hereby revoked, and the land is hereby declared to be Crown land subject to the Land Act 1948
2: The revocation of the setting apart as State forest land of the land to which subsection (3)﻿(f) relates shall not affect the validity of the lease entered into on 4 August 1980 on behalf of Her Majesty the Queen, as lessor, and Peter George Smyth, of Wairoa, farmer, as lessee, nor shall it affect the rights and obligations of the lessor and lessee under that lease.
3: This section relates to the following land:
a: all that piece of land situated in the South Auckland Land District, Thames Coromandel District, containing 7.0506 hectares, more or less, being Section 21, Block XIII, Whitianga Survey District, and Section 24, Block IX, Whitianga Survey District, being part of the land comprised and described in the Gazette
b: all those pieces of land situated in the South Auckland Land District, Thames Coromandel District:
i: containing 258.1894 hectares, more or less, being Part Tairua Block, situated in Block II, Tairua Survey District, being part of the land comprised and described in the Gazette
ii: containing 359.3608 hectares, more or less, being Part Tairua Block, situated in Blocks II and VI, Tairua Survey District, being part of the land comprised and described in the Gazette
iii: containing 90.1436 hectares, more or less, being Parts Tairua Block, situated in Blocks II, III, and VI, Tairua Survey District, being part of the land comprised and described in the Gazette
iv: containing 32.2200 hectares, more or less, being Part Section 4, Block XI, Tairua Survey District, being part of the land comprised and described in the Gazette
v: containing 6 730 square metres, more or less, being Parts Wharekawa East 1 and 3 Blocks, situated in Block XI, Tairua Survey District, being part of the land comprised and described in the Gazette
vi: containing 722.7000 hectares, more or less, being Parts Wharekawa East 1 and 3 Blocks, situated in Blocks VI, X, and XI, Tairua Survey District, being part of the land comprised and described in the Gazette
c: all that piece of land situated in the South Auckland Land District, Tauranga County, containing 89.3400 hectares, more or less, being Section 17, Block XIII, Maketu Survey District (SO Plan 50489):
d: all that piece of land situated in the South Auckland Land District, Rotorua District, containing 306.2304 hectares, more or less, being Sections 5, 6, 7, and Part 17, Block XIII, Rotorua Survey District (SO Plans 50697 and 7026 A–D):
e: all those pieces of land situated in the Taranaki Land District, Stratford County:
i: containing 130.1064 hectares, more or less, being Lot 2, DP 5317, situated in Blocks III and VII, Ngatimaru Survey District, being part of the land comprised and described in the Gazette
ii: containing 401.5703 hectares, more or less, being part Lots 1 and 3, DP 5317, situated in Blocks III and VII, Ngatimaru Survey District, part Lots 1B and 3, DP 391, situated in Block VII, Ngatimaru Survey District and part Lot 2, DP 392, situated in Block VIII, Ngatimaru Survey District, being part of the land comprised and described in the Gazettes
f: all that piece of land situated in the Hawkes Bay Land District, Wairoa County, containing 443.0300 hectares, more or less, being Section 19, (formerly Part Lot 1, DP 5021 and Section 20, Block XI, Mohaka Survey District) Block XII, Mohaka Survey District. All CT E3/698 and all T264937 (SO Plan 7335). Subject to the portions of subsoil taken for Railway by Proclamations 1170 and 1219:
g: all that piece of land situated in the Wellington Land District, Rangitikei County, containing 1.3846 hectares, more or less, being Parts Section 39, Rangitikei District, situated in Block XI, Rangitoto Survey District, being part of the land comprised and described in the Gazette
h: all that piece of land situated in the Nelson Land District, Waimea County, containing 4.3960 hectares, more or less, being Part Section 92 bordered by a bold black line on SO Plan 12793, to be known as Section 98, Block X, Wakapuaka Survey District:
i: all that piece of land situated in the Nelson Land District, Waimea County, containing 26.8340 hectares, more or less, being Section 16, Block II, Tadmor Survey District (SO Plan 12762):
j: all that piece of land situated in the Nelson Land District, Waimea County, containing 7.5267 hectares, more or less, being Section 21, Block IV, Hope Survey District (SO Plan 12632):
k: all that piece of land situated in the Nelson Land District, Inangahua County, containing 41.0400 hectares, more or less, being a portion of State Forest in Block XVI, Mawheraiti Survey District, and Block XIII, Waitahu Survey District, and being all the land bordered by a bold black line on SO Plan 12670:
l: all that piece of land situated in the Westland Land District, Westland County, containing 13.3986 hectares, more or less, being Rural Section 5865 (formerly parts Reserve 1622), situated in Block III, Kaniere Survey District, being part of the land comprised and described in the Gazettes
m: all those pieces of land situated in the Canterbury Land District, Ashburton County:
i: containing 29.6988 hectares, more or less, being Part Reserve 3119, situated in Block VII, Alford Survey District, being part of the land comprised and described in the Gazette
ii: containing 29.1373 hectares, more or less, (former area 40.4685 hectares) being Reserve 3312, situated in Block VI, Alford Survey District, being part of the land comprised and described in the Gazette
iii: containing 187.7741 hectares, more or less, (former area 202.3428 hectares) being Reserve 3313, situated in Blocks VI, VII, and XI, Alford Survey District, being part of the land comprised and described in the Gazette
n: all those pieces of land situated in the Southland Land District, Wallace County:
i: containing 7.0197 hectares, more or less, being Section 315, Block XI, Takitimu Survey District, being part of the land comprised and described in the Gazette
ii: containing 2 884 square metres, more or less, being Section 320, Block XI, Takitimu Survey District, being part of the land comprised and described in the Gazette
iii: containing 5.7537 hectares, more or less, being Section 316, Block XI, Takitimu Survey District, being part of the land comprised and described in the Gazette
3: Customhouse, Auckland
Whereas section 3(2) And whereas it is expedient that the administering body should be empowered to grant leases or licences having a greater term with or without any right of renewal, in perpetuity or otherwise: Be it therefore enacted as follows: Section 3
2: The terms and conditions relating to the term of any lease or licence granted under subsection (1), and of any right of renewal to be conferred on the lessee (whether in perpetuity or otherwise), shall be determined by the administering body with the consent of the Minister of Lands.
4: Opotiki library centre
Whereas the land to which this section relates was held by the Opotiki Mechanics' Institute (in this section referred to as the Institute Libraries and Mechanics Institutes Act 1908 And whereas the Institute purported to transfer the land referred to in paragraph (a) of subsection (3) to the Opotiki Borough Council (now known as the Opotiki County Council and in this section referred to as the Council And whereas the Institute purported to transfer the land referred to in paragraph (b) of that subsection to the Council on 27 March 1969: And whereas the land was at those times subject to the Reserves and Domains Act 1953 And whereas the Institute and the Council entered into a deed of trust dated 27 March 1969 relating to the holding and administering of the land referred to in the said paragraph (b) in trust for library centre purposes: And whereas it is desirable that the title of the Council to the land should be confirmed as a reserve for public library centre purposes in respect of the land referred to in paragraph (a) of subsection (3), and as an endowment for public library centre purposes in respect of the land referred to in paragraph (b) of that subsection: Be it therefore enacted as follows:
1: The land referred to in paragraph (a) of subsection (3) is hereby vested in the Council for the purposes of a local purpose reserve (public library centre purposes) subject to the Reserves Act 1977
2: The land referred to in paragraph (b) of that subsection is hereby vested in the Council as an endowment for public library centre purposes subject to existing leases and tenancies, but free from all other trusts, reservations, and restrictions.
3: This section relates to the following land in the Gisborne Land District, Opotiki County, being—
a: all that piece of land comprising 363 square metres, more or less, situated in Block III, Opotiki Survey District, being Lot 4, Deposited Plan 8604 AK, and Lot 5,
b: all that piece of land comprising 3 067 square metres, more or less, situated in Block III, Opotiki Survey District, being Lots 6, 7, 8, 9, 10, 11, 12, and 13, Deposited Plan 11965 AK, and Lot 1, Deposited Plan 5438, being all of the land comprised and described in certificate of title No 4A/154, and certificate of title No 3B/1494 (Gisborne Registry). Section 4(3)﻿(a) amended 19 November 1981 section 4 Reserves and Other Lands Disposal Act 1981
5: Tongariro National Park
Whereas the land to which this section relates is included in the Tongariro National Park: And whereas it is desired to exclude it from the National Park: And whereas section 10(2) of the National Parks Act 1952 Be it therefore enacted as follows:
1: The land to which this section relates is hereby excluded from the Tongariro National Park.
2: This section relates to all those pieces of land in the Wellington Land District, Taumarunui County, containing 51.6354 hectares, more or less, being Sections 2 and 3, Block I, Ruapehu Survey District, and Sections 8, 9, and 10, Block IV, Manganui Survey District (SO Plan 28656).
6: Taranaki Harbours Board
Whereas the land to which this section relates is held by the Taranaki Harbours Board on trust for harbour purposes: And whereas the Board wishes to return the land to the Crown: And whereas the Board does not have power to dispose of land held by it on trust: Be it therefore enacted as follows:
1: The land to which this section relates is hereby vested in the Crown free from all trusts, reservations, and restrictions.
2: This section relates to all that piece of land comprising 4.0469 hectares, more or less, situated in the Taranaki Land District, Taranaki County, being Section 30, Bell District, situated in Block II, Paritutu Survey District, and being all of the land comprised and described in certificate of title No 145/40, limited as to parcels (Taranaki Land Registry) (SO Plan 11588).
7: Egmont National Park
Whereas the land to which this section relates is included in the Egmont National Park: And whereas the land does not meet the criteria established for National Park status: And whereas it is desired to exclude it from the National Park: And whereas the Minister of Lands has referred the proposal to exclude the land from the National Park to the Taranaki Maori Trust Board in accordance with section 6 And whereas section 10(2) of the National Parks Act 1952 Be it therefore enacted as follows:
1: The land to which this section relates is hereby excluded from the Egmont National Park.
2: This section relates to all those pieces of land situated in the Taranaki Land District, Taranaki County:
a: containing 5.0073 hectares, more or less, being Section 188 (formerly part Subdivision 8 of Section 170, and Part Section 170) Oakura District, situated in Block III, Cape Survey District (SO Plan 11600):
b: containing 1.1851 hectares, more or less, being Section 189 (formerly part Subdivision 7 of Section 170, and Part Section 170) Oakura District situated in Block III, Cape Survey District (SO Plan 11600):
c: containing 2 720 square metres, more or less, being Section 190 (formerly part Subdivision 6 of Section 170) Oakura District, situated in Block III, Cape Survey District (SO Plan 11600):
d: containing 9 187 square metres, more or less, being Section 191 (formerly Part Section 170) Oakura District, situated in Block III, Cape Survey District (SO Plan 11600).
8: Parliament grounds
Section 8 repealed 1 July 2000 section 40(1) Parliamentary Service Act 2000
9: Abel Tasman National Park
Whereas the land to which this section relates is included in the Abel Tasman National Park: And whereas the land does not meet the criteria established for National Park status: And whereas it is desired to exclude it from the National Park: And whereas section 10(2) of the National Parks Act 1952 Be it therefore enacted as follows:
1: The land to which this section relates is hereby excluded from the Abel Tasman National Park.
2: This section relates to all those pieces of land situated in the Nelson Land District, Golden Bay County, being:
a: Part Section 8, Block III, Totaranui Survey District, containing 12.1500 hectares, more or less, (shown bordered by a bold black line and marked A on SO Plan 12741):
b: Part Section 12, Block III, Totaranui Survey District, containing 2 600 square metres, more or less, (shown bordered by a bold black line and marked B on SO Plan 12741):
c: Part Section 3, Block V, Totaranui Survey District, containing 2.5360 hectares, more or less, (shown bordered by a bold black line and marked C on SO Plan 12741).
10: Governor-General may declare certain land in Denniston to be Crown land
Whereas the land to which this section relates has been granted in fee simple: And whereas the owners cannot be located and the land has been abandoned: And whereas it is desired that the land should be resumed by Her Majesty, but subject to the right of the owners and any other persons having estates or interests in the land to claim and receive compensation: Be it therefore enacted as follows:
1: Subject to subsections (2) and (3), the Governor-General may, from time to time, by Proclamation made on the recommendation of the Minister of Lands, declare that any land, or any portion of the land, to which this section relates shall, as from a date specified in any such Proclamation, be vested in Her Majesty as Crown land subject to the Land Act 1948
2: No land shall be so declared to be vested in Her Majesty so long as any person who is liable to pay rates on that land continues to pay those rates, except with the consent of that person.
3: Before recommending the making of a Proclamation under subsection (1), the Minister of Lands shall cause not less than 3 months' notice of his intention to do so to be given in the Gazette
4: If, at any time within 5 years after the date specified in any Proclamation issued under subsection (1), the registered proprietor or any other person having any estate or interest in any land to which the Proclamation relates adduces satisfactory evidence of title to or interest in that land, he shall be entitled to claim compensation for his interest in the land.
5: Such compensation shall be determined by the Land Settlement Board and shall, without further appropriation than this section, be paid out of money appropriated by Parliament for the purpose.
6: In no case shall such compensation exceed—
a: the value of the claimant's interest in the land; and
b: the value of any improvements existing on the land,— as determined by the Board as at the date of the Proclamation.
7: This section relates to all those pieces of land situated in the Nelson Land District, Buller County, comprising 1.1590 hectares more or less, being sections 1, 2, 5, 8, 22, 27, 30, 32, 47, 48, 49, 51, 53, 54, 57, 58, 115, 123, 124, part Section 28, parts Section 50 and parts Section 127, Town of Denniston, situated in Block VI, Kawatiri Survey District (SO Plan 12601).
11: Mount Aspiring National Park
Whereas section 11 And whereas there is an error in the description of part of that land: And whereas it is necessary to correct that error: Be it therefore enacted as follows: Section 11(2)﻿(b)
12: Transfer of interest in lease in perpetuity
Whereas Simeon Inder, of Blackstone Hill, butcher, was granted a lease in perpetuity over the land to which this section relates on 4 June 1907: And whereas Simeon Inder died intestate and apparently without issue on 6 March 1927: And whereas it appears that the land to which this section relates was occupied and farmed by Herbert Luke Inder of Blackstone Hill, farmer, brother of Simeon Inder, from the date of the granting of the lease until his death on 11 September 1961: And whereas Robert Lyall Inder, son of Herbert Luke Inder, occupied and farmed the land from that date: And whereas public advertising has not resulted in any person claiming an interest in the land: And whereas it is desirable that the interest formerly held in the land by Simeon Inder should be transferred to Robert Lyall Inder: Be it therefore enacted as follows:
1: The interest of Simeon Inder, as lessee, in the lease in perpetuity granted by the Crown to him over the land to which this section relates is hereby transferred to Robert Lyall Inder, nephew of Simeon Inder.
2: This section relates to all that piece of land situated in the Otago Land District, Maniototo County, containing 95.1719 hectares, more or less, being Section 22, Block VI, Blackstone Survey District, subject to LP 1480, Volume 150, folio 61 (Otago Registry).
13: Horseshoe Bend Cemetery
Whereas the land to which this section relates was declared to be a closed cemetery vested in the Tuapeka County Council by a notice dated 10 October 1928 and published in the Gazette And whereas the graves in the cemetery are of historic interest: And whereas it is desirable that the cemetery should be vested in the Crown as a reserve under the Reserves Act 1977 And whereas it is not desirable that the Burial and Cremation Act 1964 Be it therefore enacted as follows:
1: The land to which this section relates is hereby vested in the Crown as a reserve under the Reserves Act 1977
2: Except for sections 51 55 58
3: This section relates to all that piece of land in the Otago Land District, Tuapeka County, comprising 7 461 square metres, more or less, being Section 15, Block XII, Benger Survey District (SO Plan 3185).
14: Otago University endowment lands
Whereas a scheme for sale of certain land held by the University of Otago as an endowment for the University is provided for in section 16 And whereas it is desired to amend the scheme, by removing a provision that allows a reduction in the purchase price to be made where more than 25% of the purchase price is paid as a deposit, by providing for arbitration on the purchase price of land sold under the scheme, by providing for a reduction in the purchase price to be made in recognition of the value of the lessees' goodwill in the leases of the land, and by empowering the Land Settlement Board to determine the date as at which the determinations of the purchase price and goodwill are to be made: Be it therefore enacted as follows:
(1): Section 16(4)
c: the licence shall be for such period as may be fixed by the Council of the University, being not less than 10 years and not greater than 20 years, commencing on the 1 January or the 1 July next following the date of the licence:
2: Section 16
6: Where the District Field Officer declines to confirm the purchase price determined by the registered valuer under subsection (5), the purchase price shall be fixed by arbitration in accordance with the provisions of the Arbitration Act 1908.
7: For the purposes of such arbitration subsection (6) shall be deemed to be a submission within the meaning of the Arbitration Act 1908 and the reference shall be deemed to be to 2 arbitrators, 1 to be a registered valuer appointed by the Council of the University, and the other to be a registered valuer appointed by the Director-General of Lands.
7A: The purchase price of any land to be sold under this section shall be reduced by the value (if any) of the purchaser's goodwill in any lease held by him over that land, as determined by the Commissioner of Crown Lands, Dunedin.
7B: Every determination of a purchase price or of goodwill under subsection (5) or subsection (6) or subsection (7A) shall be made as at a date determined by the Land Settlement Board, being a date not later than the date on which the agreement to sell the land is entered into under subsection (1).
15: Otago Harbour Board
Whereas the land to which this section relates was reclaimed by the Otago Harbour Board in or about 1917: And whereas the land has not been vested in the Board nor in any other person: And whereas the Board has purported to grant leases of some of the land: And whereas it is expedient that the land be vested in the Board and that the validity of the leases granted by the Board be confirmed: Be it therefore enacted as follows:
1: The land to which this section relates is hereby vested in the Otago Harbour Board.
2: Every lease that has been granted by the Otago Harbour Board in respect of the land is hereby declared to be as valid as it would be if the land had been vested in the Board at the time when the lease was granted.
3: This section relates to all that piece of land situated in the Otago Land District, Dunedin City, comprising 1.7751 hectares, more or less, being Section 5 (formerly Part Otago Harbour) Block LXXVIII, Town of Dunedin, Otago Land District (SO Plan 19405).
16: Repeal of Lands Improvement and Native Lands Acquisition Act 1894
Whereas the Lands Improvement and Native Lands Acquisition Act 1894 And whereas it appears that the provisions of that Act are spent: And whereas it is desirable to repeal that Act and the regulations made under that Act: Be it therefore enacted as follows:
1: The Lands Improvement and Native Lands Acquisition Act 1894
2: The following regulations are hereby revoked:
a: the Lands Improvement and Native Land Acquisition Regulations 1909 ( Gazette
b: the Lands Improvement and Native Land Acquisition Regulations 1911 ( Gazette
c: the Land Improvement and Native Land Acquisition Regulations 1914 ( Gazette
17: Entries in registers
District Land Registrars are hereby authorised and directed to make such entries in their respective registers, and do all such other things, as may be necessary to give full effect to the provisions of this Act.