Reserves and Other Lands Disposal Act 1969

1: Short Title and commencement
1: This Act may be cited as the Reserves and Other Lands Disposal Act 1969.
2: Except as provided in sections 10 12
2: Authorising the reclamation and disposal of certain land in Thames Borough
Whereas the land described in subsection (8) was vested in the Mayor, Councillors, and Citizens of the Borough of Thames (in this section referred to as the corporation section 5 of the Thames Harbour Act 1936 And whereas part of the land is below the ordinary spring tide highwater mark and it is desirable that the Thames Borough Council should be empowered to reclaim that part: And whereas the corporation no longer requires the land for the purposes of the Thames Harbour: And whereas the council desires to sell, exchange, or lease the land for the purposes of encouraging the development of industry in the Borough of Thames but has no power to do so: And whereas it is desirable that the council should be empowered to sell, exchange, or lease the land: Be it therefore enacted as follows:
1: The Thames Borough Council is hereby authorised, subject to the provisions of sections 176 to 182 of the Harbours Act 1950 section 175B of the Harbours Act 1950
2: The land is declared to be held by the corporation for an estate in fee simple absolute freed and discharged from all reservations and restrictions, except the reservation imposed by section 3 of the Thames Harbour Board Act 1907
3: Notwithstanding anything to the contrary in any enactment or rule of law, but subject to the provisions of the Municipal Corporations Act 1954 provided that no part of the land for the time being situated below the ordinary spring tide highwater mark may be sold or exchanged unless the consent of the Minister of Marine has first been obtained: provided also that no part of the land which may be required by the Hauraki Catchment Board in respect of any scheme to control the flooding of the Kauaeranga River may be sold or leased except with the consent of that board.
4: The council shall reserve as a riverbank reserve from any sale, exchange, or lease under subsection (3) a strip of land not less than 66 feet wide along that part of the land adjacent to the Kauaeranga River.
5: Subject to the provisions of the Municipal Corporations Act 1954
6: This section is deemed to be a special Act for the purposes of the Harbours Act 1950
7: The District Land Registrar of the South Auckland Land Registration District may, on being requested to do so by the Thames Borough Council, subject to the deposit of such plans as he may require, issue such certificates of title, and make such entries in his register as may be necessary to implement the provisions of this section.
8: The land to which this section relates is particularly described as follows: all that area of land in the South Auckland Land District containing 9 acres, 2 roods, and 20 perches, more or less, being part Section 2, Block VII, Thames Survey District, being part of the land comprised and described in certificate of title, Volume 179, folio 217, South Auckland Land Registry; as more particularly shown on SO Plan 44966, lodged in the office of the Chief Surveyor at Hamilton, and thereon edged red.
3: Exchange of certain land subject to the Waitara Harbour Act 1940 for certain recreation reserve and stopped street
Section 3 repealed 17 March 2019 section 64(e) New Plymouth District Council (Waitara Lands) Act 2018
4: Reservation of part of a closed cemetery near Whangarei City for municipal purposes
Whereas the land described in subsection (3) is part of the cemetery known as the Kioreroa Public Cemetery situated in the County of Whangarei: And whereas the land is part of a parcel of land which was, by Order in Council dated 26 July 1939 and published in the Gazette corporation And whereas the land is subject to the Burial and Cremation Act 1964 section 43 And whereas the land has never been used for burials and the Whangarei City Council requires it for general municipal purposes: Be it therefore enacted as follows:
1: Notwithstanding the provisions of the Burial and Cremation Act 1964
2: The District Land Registrar of the North Auckland Land Registration District may, on being requested to do so by the Whangarei City Council, subject to the deposit of such plans as he may require, issue such certificates of title, and make such entries in his register, as may be necessary to implement the provisions of this section.
3: The land to which this section relates is particularly described as follows: all that area of land in the North Auckland Land District containing 1 acre, 2 roods, and 5 perches, more or less, being part Section 1, Block XVI, Purua Survey District; as more particularly shown on SO Plan 46166, lodged in the office of the Chief Surveyor at Auckland, and thereon edged red.
5: Providing for the granting to the Wellington Racing Club Incorporated of part of certain land set aside for the Wallaceville Animal Research Station
Whereas the land firstly described in subsection (3) (in this section referred to as the first land section 20 Gazette And whereas certain easements of right of way were granted over part of the first land to the Wellington Racing Club Incorporated (in this section referred to as the club And whereas the land secondly described in subsection (3) was held by the club for an estate in fee simple absolute in possession: And whereas the Minister of Agriculture in the name of and on behalf of Her Majesty the Queen of the one part and the club of the other part have agreed to exchange the first and second land: And whereas the club has performed its part of the agreement by transferring to Her Majesty the Queen the second land by memorandum of transfer numbered 763800 registered in the Land Registry Office at Wellington: And whereas the said section 20 And whereas it is desirable to implement the agreement by enabling Her Majesty to grant the first land to the club: Be it therefore enacted as follows:
1: Notwithstanding the provisions of section 20
2: The second land is declared to be subject to the provisions of section 20
3: The land to which this section relates is particularly described as follows: Firstly, all that area of land in the Wellington Land District containing 1 acre, 2 roods, and 0.2 of a perch, more or less, being section 834 (formerly part Section 618), Hutt District situated in Block I, Rimutaka Survey District, and being part of the land comprised and described in certificate of title, Volume 256, folio 31, Wellington Land Registry (SO Plan 27033), subject to Order in Council numbered 755259 and part being subject to easements of right of way created by transfer numbered 370215. Secondly, all that area of land in the Wellington Land District containing 1 acre, 2 roods, and 0.2 of a perch, more or less, being Lot 1 on Deposited Plan 29238, being part Section 102A, Hutt District, situated in Block I, Rimutaka Survey District.
6: Vesting land belonging to the trustees of the Oxford Mechanics Institute in the Corporation of the County of Oxford
Whereas the land described in subsection (3) was by deed dated 29 July 1869 conveyed to Wilson Fisher, Henry Sedcole, Phillip Briggs, William Hayward, and Thomas Broome, all of Oxford, as trustees to hold the land as a site for a mechanics institute for the use and benefit of the inhabitants of the Oxford district: And whereas the trustees are all now dead and no new trustees have been appointed: And whereas a mechanics institute was established on the land and has been used for many years as a public library: And whereas the institute building has been dismantled, and the public library has been moved to premises owned by the Chairman, Councillors, and Inhabitants of the County of Oxford (in this section referred to as the corporation And whereas the land is no longer required for the purposes of a mechanics institute: And whereas it is desirable that the land be vested in the corporation for sale or lease and that the net proceeds of any such sale or rent from any such lease be used for the benefit of the Oxford Public Library: Be it therefore enacted as follows:
1: The land is hereby vested in the corporation for an estate in fee simple absolute, freed and discharged from all trusts, reservations, and restrictions.
2: Notwithstanding the provisions of the Counties Act 1956
3: The land to which this section relates is particularly described as follows: all that area of land in the Canterbury Land District containing 1 rood and 0.5 of a perch, more or less, being part Rural Section 1839, situated in Block VIII, Oxford Survey District (Oxford County), and being all the land comprised and described in certificate of title, Volume 378, folio 91, Canterbury Land Registry.
7: Confirming an agreement between Her Majesty the Queen and Comalco Industries Pty. Limited in respect of certain land on the Tiwai Peninsula
Whereas Comalco Industries Pty. Limited, a duly incorporated company having its registered office at Melbourne in the State of Victoria in the Commonwealth of Australia, desires to have the use of certain land on the Tiwai Peninsula in the County of Southland for the establishment and operation of an aluminium smelter and other undertakings, whether of a like kind or not: And whereas the Land Settlement Board in the name and on behalf of Her Majesty the Queen of the one part and the company of the other part have entered into an agreement which will facilitate the establishment on the land of the smelting plant and other works and undertakings: And whereas Comalco Aluminium Limited, a duly incorporated company having its registered office at Wellington, is the registered lessee of the land firstly described in subsection (7) (in this section referred to as the first land And whereas Comalco Aluminium Limited is the registered proprietor of the land secondly described in the said subsection (7) (in this section referred to as the second land Land Act 1948 And whereas the board, in the name and on behalf of Her Majesty, has, in consideration of the payment of such purchase price as may be determined by the board, undertaken in the agreement to grant to Comalco Industries Pty. Limited the land thirdly described in the said subsection (7) (in this section referred to as the third land And whereas, for the purpose of enabling the last-mentioned company to have full control of the landward end of the wharf which will serve the smelter, it is desirable that section 58 And whereas certain public roads on the peninsula have not been formed and it is desirable for the purposes of this section that they should be stopped: And whereas the board has undertaken in the agreement to lease to the last-mentioned company under section 67 fourth land And whereas it is desirable that no mining privilege or coal mining rights should be granted over any part of the Tiwai Peninsula, except with the consent of the Minister of Mines: And whereas it is desirable that the agreement be implemented: Be it therefore enacted as follows:
1: Notwithstanding anything to the contrary in the Public Works Act 1928 or in any other enactment or rule of law, the public roads shown on SO Plan 7897 lodged in the office of the Chief Surveyor at Invercargill, and thereon coloured green, are hereby stopped; and the land comprising those roads shall be dealt with in accordance with this section as if it were Crown land subject to the Land Act 1948
2: The Commissioner of Crown Lands at Invercargill shall, on payment to him by the company of the purchase price determined by the board in respect of the third land and on the surrender by Comalco Aluminium Limited of the renewable lease (numbered RL 402) of the first land to Her Majesty the Queen and the transfer of the second land by that company to Her Majesty, issue in the name of Comalco Industries Pty. Limited, or in the name of any nominee of the company, a certificate under section 116
3: Section 58
4: On the issue of the certificate referred to in subsection (2), section 59
5: The board shall grant to Comalco Industries Pty. Limited or to its nominee a lease under section 67
a: give the lessee a right to renew the lease for 2 further terms of 10 years:
b: provide for the resumption by the Crown, without payment of compensation, of any of the fourth land required by the Crown as roads or road reserves, or for industrial or other purposes which are not incompatible with the establishment, operation, and expansion of the aluminium smelter and undertakings (whether of a like kind or not) to be erected by the company or its nominee on the third land:
c: empower the lessee to sublease for agricultural or grazing purposes any part of the land not presently required for the purpose of the proposed smelter or the associated works or undertakings:
d: prohibit the lessee from erecting any buildings or other improvements on the land except with the prior consent of the board.
6: Except with the consent of the Minister of Mines, no mining privilege under the Mining Act 1926 Coal Mines Act 1925
7: The land to which this section relates is particularly described as follows: Firstly, all that area of land situated in the Southland Land District containing 114 acres, 3 roods, and 13 perches, more or less, being Section 2, Block XIII, Campbelltown Hundred, and being all the land comprised and described in certificate of title Volume 150, folio 198, Southland Land Registry (renewable lease numbered RL 402) (SO Plan 2401). Secondly, all that area of land situated in the Southland Land District containing 117 acres and 24 perches, more or less, being Section 4, Block XIII, Campbelltown Hundred, and being all the land comprised and described in certificate of title Volume 47, folio 131, Southland Land Registry (SO Plan 2401). Thirdly, all that area of land in the Southland Land District containing 1 000 acres, more or less being Section 7, Block XIII, Campbelltown Hundred (SO Plan 7900). Fourthly, all that area of land in the Southland Land District containing 4 120 acres, more or less, being Section 1, Block XIV, Campbelltown Hundred (SO Plan 7901).
8: Authorising the sale of part of the Turnbull Thomson Park in the City of Invercargill
Whereas the land described in subsection (5) (in this section referred to as the land corporation And whereas the Invercargill City Council desires to sell the land for housing purposes and to apply the proceeds of sale in the manner provided in subsection (3): And whereas it is desirable that provision should be made accordingly: Be it therefore enacted as follows:
1: The land is declared to be held by the corporation for an estate in fee simple absolute, freed and discharged from all trusts, reservations, and restrictions, and shall be held, administered, and disposed of in accordance with the provisions of this section.
2: Notwithstanding anything to the contrary in the Municipal Corporations Act 1954
3: The proceeds from the sale of the land, after providing for the costs of sale, shall be applied by the council towards the development and improvement of the balance of the park.
4: The District Land Registrar of the Southland Land Registration District may, on being requested to do so by the Invercargill City Council, subject to the deposit of such plans as he may require, issue such certificates of title, and make such entries in his register, as may be necessary to implement the provisions of this section.
5: The land to which this section relates is particularly described as follows: all that area of land in the Southland Land District situated in the City of Invercargill containing 27.7 perches, more or less, being Lots 1, 2, and 3 on Deposited Plan 7421, and being also part Section 10, Block I, Invercargill Hundred, and being part of the land comprised and described in certificate of title, Volume B2, folio 458, Southland Land Registry.
9: Empowering the Auckland City Corporation to grant easements over the Auckland Domain
Section 9 repealed 16 December 1987 section 15 Auckland Domain Act 1987 (1987 No 7 (L))
10: Validating a deed made between the Auckland Hospital Board and the Cornwall Park Trustees
Whereas Cornwall Park in the Borough of One Tree Hill is vested in the Cornwall Park Trustees: And whereas the Auckland Hospital Board has been in occupation of an area (now approximately 26 acres) of the park since 16 December 1944 pursuant to various deeds of agreement entered into between the board and the trustees: And whereas the board and the trustees entered into a further deed dated 11 August 1969 authorising the board to continue to occupy the area for a further period of 5 years from and including 16 December 1968, subject to the payment to the trustees of the amount of compensation specified in the deed and to certain other conditions specified therein: And whereas the further deed provides that it shall not be binding on the board and the trustees until it is validated by legislation: And whereas it is desirable that the deed dated 11 August 1969 should be confirmed and validated: And whereas earlier deeds which were confirmed and validated by section 36 section 2 Be it therefore enacted as follows:
1: The trustees and the board shall be deemed always to have had the power to enter into the deed dated 11 August 1969; and that deed is hereby confirmed and validated and shall be binding in law on the trustees and the board in all respects and shall be deemed to have been in full force and effect according to its tenor from and including 16 December 1968.
2: Section 36 section 2
3: This section shall be deemed to have come into force on 16 December 1968.
11: Declaring land subject to the Forests Act 1949 to be Crown land subject to the Land Act 1948
Whereas the land described in subsection (2) is set apart as permanent State forest land under the Forests Act 1949 And whereas it is desirable that it should be declared Crown land subject to the Land Act 1948 Be it therefore enacted as follows:
1: The setting apart of the land described in subsection (2) as permanent State forest land is hereby revoked and the said land is hereby declared to be Crown land subject to the Land Act 1948
2: The land to which this section relates is particularly described as follows: Firstly, all that area of land in the North Auckland Land District containing 30 acres, 1 rood, and 11 perches, more or less, being parts Allotment 135, Ruakaka Parish, situated in Block X, Ruakaka Survey District; as more particularly shown on SO Plan 46358, lodged in the office of the Chief Surveyor at Auckland, and thereon edged red. Secondly, all that area of land in the South Auckland Land District containing 15 acres, 3 roods, and 4 perches, more or less, being part Tairua Block situated in Blocks XIII and XIV, Whitianga Survey District; as more particularly shown on SO Plan 44964, lodged in the office of the Chief Surveyor at Hamilton, and thereon edged red. Thirdly, all that area of land in the South Auckland Land District containing 69 acres, 2 roods, and 20 perches, more or less, being parts Section 19, Block VII, Coromandel Survey District; as more particularly shown on SO Plan 44718, lodged in the office of the Chief Surveyor at Hamilton, and thereon edged red. Fourthly, all that area of land in the Hawke's Bay Land District, containing 1 017 acres, more or less, being Section 1, Block II, Wakarara Survey District (SO Plan 5406). Fifthly, all that area of land in the Hawke's Bay Land District containing 13 acres, 1 rood, and 32 perches, more or less, being part Block 79, Patoka Crown Grant District, and part Deposited Plan 2846, being part Kohurau Block situated in Block IX, Patoka Survey District (SO Plan 5999). Sixthly, all that area of land in the Taranaki Land District, containing 282 acres and 2 roods, more or less, being Section 1, Block IX, Mapara Survey District (SO Plan 5985). Seventhly, all that area of land in the Nelson Land District, containing 150 acres, more or less, being permanent State forest situated in Block XIV, Gordon Survey District, and part Lot 111 on Deposited Plan 84, part Section 16, Square 45, and part Sections 13 and 14, District of Upper Motueka, situated in Block XIV, Gordon Survey District; as more particularly shown on SO Plan 10844, lodged in the office of the Chief Surveyor at Nelson, and thereon edged red. Eighthly, all that area of land in the Nelson Land District containing 2 424 acres and 19 perches, more or less, being Sections 8, 9, 11, and 12, Block VII, and Sections 9, 10, 11, 2 of 12, 16, 24, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, and 41, part Sections 1 of 12, 25, 26, 27, 28, 29, and 30, and parts of Section 13, Block VIII, Kawatiri Survey District, and Sections 4 and 18 and part Sections 1, 2, 3, 5, 6, and 7, Block II, Ohika Survey District; as more particularly shown on SO Plan 10816, lodged in the office of the Chief Surveyor at Nelson, and thereon edged red. Ninthly, all that area of land in the Nelson Land District, containing 559 acres and 2 roods, more or less, being part Sections 1 and 3, Block XVI, Mawheraiti Survey District; as more particularly shown on SO Plan 10769, lodged in the office of the Chief Surveyor at Nelson, and thereon edged red. Tenthly, all that area of land in the Westland Land District containing 138 acres and 35 perches, more or less, being part Reserves 1597 and 1694, situated in Block III, Ahaura Survey District; as more particularly shown on the plan marked L and S 10/98/40, deposited in the head office of the Department of Lands and Survey at Wellington, and thereon edged red. Eleventhly, all that area of land in the Westland Land District containing 60 acres, more or less, being part Reserve 1692 situated in Blocks V and IX, Jackson Survey District; as more particularly shown on the plan marked L and S 9/3667A, deposited in the head office of the Department of Lands and Survey at Wellington, and thereon edged red. Twelfthly, all that area of land in the Westland Land District containing 1 acre and 17 perches, more or less, being Reserve 1881 (formerly parts Section 6, Square 123) situated in Block XIII, Mawheraiti Survey District (SO Plan 5448). Thirteenthly, all that area of land in the Canterbury Land District containing 1 acre more or less, being Lot 1 on Deposited Plan 13727, being part Rural Section 37080, situated in Block XIV, Mairaki Survey District. Fourteenthly, all that area of land in the Southland Land District containing 376 acres, more or less, being part State Forest No 20 and part State Forest No 53, Block XII, Hauroko Survey District, as more particularly shown on the plan marked L and S 34/678, deposited in the head office of the Department of Lands and Survey at Wellington, and thereon edged red.
12: Invercargill Reserves Leasing Act 1901 repealed
Whereas the provisions of the Invercargill Reserves Leasing Act 1901 Be it therefore enacted as follows: The Invercargill Reserves Leasing Act 1901
13: Miscellaneous amendments to previous Reserves and Other Lands Disposal Acts
1: Amendment(s) incorporated in the Act(s)
2:
3: Section 13(2) repealed 29 June 1988 Rating Powers Act 1988 Section 13(3) repealed 29 June 1988 Rating Powers Act 1988