Reserves and Other Lands Disposal Act 1976

1: Short Title
This Act may be cited as the Reserves and Other Lands Disposal Act 1976.
2: Repealing the Sandon Public Park Management Act 1875 and providing for the Manawatu County to succeed to the assets and liabilities of the Sandon Public Park Board
Whereas the Sandon Public Park Board (in this section called the Board the Corporation
1: The Sandon Public Park Management Act 1875 is hereby repealed and the Board is abolished.
2: The land first and secondly described in subsection (6) is hereby vested in the Corporation, subject to all leases and tenancies affecting the same, to be held as a recreation reserve subject to the Reserves and Domains Act 1953.
3: The land thirdly described in the said subsection (6) is hereby vested in the Corporation for an estate in fee simple, subject to all leases and tenancies affecting the same, on trust for the purposes of a public hall in the Sanson district, and with liberty, notwithstanding section 170(2) of the Counties Act 1956, to use the proceeds of any sale of such land, and any income arising from such proceeds, either for the same purposes or, with the approval of the Minister of Lands, for the purpose of improving or developing any public reserve within the Sanson district which is vested in the Corporation.
4: If any doubt or dispute arises as to whether a public reserve is within the Sanson district for the purposes of subsection (3), the question shall be resolved by the Minister of Lands, and his decision thereon shall be final.
5: All personal property of any kind or nature belonging to the Board immediately before the passing of this Act shall thereafter be the property of the Corporation, and all liabilities and obligations of the Board, whether actual or contingent, shall, after the passing of this Act, be the liabilities and obligations of the Corporation, without any further provision than this subsection.
6: The land to which this section relates is— First, all that parcel of land situated in the Wellington Land District, containing 1 012 square metres, more or less, being Lot 35 on Deposited Plan No 13, situated in Block XV, Rangitoto Survey District, and being the whole of the land in certificate of title, Volume 50, folio 201 (Wellington Registry): Secondly, all that parcel of land situated in the Wellington Land District, containing 4.0468 hectares, more or less, being part of Section 15, Town of Sandon, and being all of the land in A Plan No 522, situated in Block XV, Rangitoto Survey District, and being the whole of the land in certificate of title, Volume 74, folio 92 (Wellington Registry) subject to Gazette Thirdly, all that parcel of land situated in the Wellington Land District, containing 16.1874 hectares, more or less, being Lot 1 of Section 152, Town of Sandon, situated in Block XVI, Rangitoto Survey District, and being the whole of the land in certificate of title, Volume 16, folio 145 (Wellington Registry).
3: Excluding land from the Abel Tasman National Park
Whereas the land described in subsection (2) is included in the Abel Tasman National Park but is a residential section, separate from the rest of the park, on which is erected a dwelling occupied by a member of the staff of the Park Board: And whereas it is desired, when the opportunity arises, to sell the said land and buy a more suitable residential property: And whereas, by section 10(2) of the National Parks Act 1952, no land included in a national park may be excluded therefrom except by Act of Parliament: Be it therefore enacted as follows:
1: The land described in subsection (2) is hereby excluded from the Abel Tasman National Park and is declared to be Crown land subject to the Land Act 1948
2: This section relates to all that parcel of land situated in the Nelson Land District, containing 796 square metres, more or less, being Lot 2 on Deposited Plan No 4570 and being part Section 19, District of Takaka, situated in Block X of the Waitapu Survey District.
4: Excluding further land from the Abel Tasman National Park
Whereas the land described in subsection (2) is included in the Abel Tasman National Park: And whereas an agreement to sell the said land has been entered into and it is necessary, in order to complete that agreement, to exclude the said land from the said national park: And whereas by section 10(2) of the National Parks Act 1952 no land included in a national park may be excluded therefrom except by Act of Parliament: Be it therefore enacted as follows:
1: The land described in subsection (2) is hereby excluded from the Abel Tasman National Park and is declared to be Crown land subject to the Land Act 1948
2: This section relates to all that parcel of land situated in the Nelson Land District, containing 11.8600 hectares, more or less, being Sections 37 and 38 of Square 10, situated in Block VI, Totaranui Survey District (SO Plan 11848).
5: Excluding land from the Mount Aspiring National Park
Whereas the land described in subsection (2) is included in the Mount Aspiring National Park but has in fact been formed and sealed as part of the Haast Pass highway: And whereas it is desired to make the legal status of the said land correspond with its actual use and exclude it from the said national park: And whereas by section 10(2) of the National Parks Act 1952 no land included in a national park may be excluded therefrom except by Act of Parliament: Be it therefore enacted as follows:
1: The land described in subsection (2) is hereby excluded from the Mount Aspiring National Park and is declared to be Crown land subject to the Land Act 1948
2: This section relates to all those parcels of land situated in the Westland Land District (containing in aggregate 84.0202 hectares, more or less) being part of Rural Section 4819, situated in Blocks XII and XVI, Okuru Survey District, and Blocks IX and XIII, Mataketake Survey District, containing 5.1091 hectares, more or less (SO Plan 5296); part of Rural Section 4819, situated in Block XIII, Mataketake Survey District, containing 5.7920 hectares, more or less (SO Plans 5296 and 5297); part of Rural Section 4819, situated in Block XIV, Mataketake Survey District, containing 5.0838 hectares, more or less (SO Plan 5298); part of Rural Section 4823, situated in Blocks XIV and XV, Mataketake Survey District, containing 12.5452 hectares, more or less (SO Plan 5298); part Rural Section 4819, situated in Block XV, Mataketake Survey District, containing 10.6988 hectares, more or less (SO Plans 5298 and 5299); part Rural Section 4824, situated in Block XV, Mataketake Survey District, containing 2.2227 hectares, more or less (SO Plan 5299); part of Rural Section 4825, situated in Blocks XV and XVI, Mataketake Survey District, containing 10.8465 hectares, more or less (SO Plan 5300); part of Rural Section 4819, situated in Block XVI, Mataketake Survey District, containing 804 square metres, more or less (SO Plan 5300); part of Rural Section 4826, situated in Block XVI, Mataketake Survey District, and Block XIII, Clarke Survey District, containing 8.2608 hectares, more or less (SO Plans 5300 and 5301); part of Rural Section 4827, situated in Block XIII, Clarke Survey District, containing 6 581 square metres, more or less (SO Plan 5301); part of Rural Section 4827, situated in Block XIII, Clarke Survey District, containing 1 049 square metres, more or less (SO Plan 5301); part of Rural Section 4819, situated in Block XIII, Clarke Survey District, containing 1.5580 hectares, more or less (SO Plan 5301); part of Rural Section 4828, situated in Block XIII, Clarke Survey District, containing 12.9954 hectares, more or less (SO Plans 5301 and 5302); part of Rural Section 4828, situated in Block XIII, Clarke Survey District, containing 3 793 square metres, more or less (SO Plan 5302); part of Rural Section 4829, situated in Block XIV, Clarke Survey District and Block II, Haast Pass Survey District, containing 1.0597 hectares, more or less (SO Plan 5302); part of Rural Section 4829, situated in Block II, Haast Pass Survey District, containing 177 square metres, more or less (SO Plan 5302); part of Rural Section 4828, situated in Block I, Haast Pass Survey District, containing 3 212 square metres, more or less (SO Plan 5302); part of Rural Section 4828, situated in Block I, Haast Pass Survey District, containing 505 square metres, more or less (as marked A on SO Plan 5302); part of Rural Section 4828, situated in Block I, Haast Pass Survey District, containing 505 square metres, more or less (as marked B on SO Plan 5302); part of Rural Section 4828, situated in Block I, Haast Pass Survey District, containing 1 340 square metres, more or less (SO Plan 5302) ; part of Rural Section 4828, situated in Block I, Haast Pass Survey District, containing 1 466 square metres, more or less (SO Plan 5302); parts of Rural Section 4819, situated in Block XIII, Mataketake Survey District, containing 2.3614 hectares, more or less (as marked A, C, E, and F on SO Plan 9145); part of Rural Section 4819, situated in Block XIV, Mataketake Survey District, containing 343 square metres, more or less (as marked B on SO Plan 9146); part of Rural Section 4823 situated in Block XIV, Mataketake Survey District, containing 6 575 square metres, more or less (as marked C on SO Plan 9146); part of Rural Section 4823 situated in Block XV, Mataketake Survey District, containing 6 112 square metres, more or less (as marked D on SO Plan 9146); part of Rural Section 4825, situated in Block XVI, Mataketake Survey District, containing 5 876 square metres, more or less (as marked E on SO Plan 9146); part of Rural Section 4828, situated in Block XIII, Clarke Survey District, containing 1.6530 hectares, more or less (as marked F on SO Plan 9146).
6: Vesting land in Ohinewai in the Crown as public domain
Whereas by memorandum of transfer number H. 039421.2 (South Auckland Registry) the Ohinewai Hall Institute (Incorporated) purported to transfer the land described in subsection (2) to the Ohinewai Domain Board for an estate in fee simple to the intent that the land should form part of the Ohinewai Domain under the control of the said Board: And whereas the Reserves and Domains Act 1953 does not empower a Domain Board to take title to land but provides, in section 43, that all lands forming part of a domain (other than lands acquired by way of lease for the purposes of a domain) are the property of the Crown: And whereas, in order to perfect the intention evidenced by the said memorandum of transfer, it is desired to vest the said land in the Crown and to declare it to be a public domain and to be under the control of the Ohinewai Domain Board: Be it therefore enacted as follows:
1: The said land is hereby vested in the Crown as a public domain subject to Part 3 of the Reserves and Domains Act 1953, to form part of the Ohinewai Domain and to be administered and controlled as a public domain by the Ohinewai Domain Board.
2: This section relates to all that parcel of land situated in the South Auckland Land District, containing 1 011 square metres, more or less, being part of Lot 2 on Deposited Plan No 8993 being part of Allotment 43, Taupiri Parish situated in Block VII, Rangiriri Survey District and being the whole of the land in certificate of title, Volume 412, folio 218 (South Auckland Registry).
7: Land vested in corporation of Waikohu County for library purposes declared to be held for housing purposes
Whereas by section 5
1: Notwithstanding section 5 section 5
2: The Waikohu County Council shall not commence to construct a road on the said land or otherwise undertake any work to change the character thereof until it has paid into, or credited to, its library account a sum equal to the value of the said land, such value to be approved by the Minister of Lands, after taking such advice as he thinks fit, and to be the market value of the said land as at 1 April 1977.
3: The District Land Registrar for the Gisborne Land District in making such entries in the register book and doing such other things as may be necessary to give effect to this section shall not be concerned to see that the requirements of subsection (2) are complied with.
4: This section relates to all that parcel of land situated in the Gisborne Land District, containing 505 square metres, more or less, being Lot 10 on Deposited Plan No 1418 being part of Karaka 20 Block, situated in Block IV, Waikohu Survey District and being the whole of the land in certificate of title, Volume 3B, folio 522 (Gisborne Registry).
8: Altering the membership of the committee of the Canterbury Provincial Buildings Board and making supplementary provisions
Section 8 repealed 14 July 1988 Canterbury Provincial Buildings Vesting Amendment Act 1988
9: Removing the closed cemetery status from the balance of the Whananaki Cemetery that has not been used for cemetery purposes and declaring a portion of the adjoining recreation reserve to be a closed cemetery
Whereas by notice under section 235 of the Land Act 1892 Gazette Burial and Cremation Act 1964 Gazette Gazette
1: Notwithstanding anything in the Burial and Cremation Act 1964
2: Notwithstanding anything in the Reserves and Domains Act 1953 or in the Burial and Cremation Act 1964
a: the cemetery portion shall be deemed to have been duly dedicated as a cemetery on 4 March 1895:
b: the Minister of Health shall be deemed to have duly directed, pursuant to the Burial and Cremation Act 1964
c: the control and management of the closed cemetery portion shall be deemed to have vested in the Whangarei County Council on that date.
3: This section relates to the following land: First, all that parcel of land in the North Auckland Land District, containing 4.0468 hectares, more or less, being Section 25, situated in Block IX, Opuawhanga Survey District (SO Plan 7091): Secondly, all that parcel of land in the North Auckland Land District, containing 956 square metres, more or less, being part Section 25, situated in Block IX, Opuawhanga Survey District (SO Plan 48112): Thirdly, all that parcel of land in the North Auckland Land District, containing 3.9244 hectares, more or less, being Section 71 (formerly part Section 25), situated in Block IX, Opuawhanga Survey District (SO Plan 48112): Fourthly, all that parcel of land in the North Auckland Land District, containing 96 square metres, more or less, being Section 70 (formerly part Section 26), situated in Block IX, Opuawhanga Survey District (SO Plan 48112).
10: Repealing section 8(3) Reserves and Other Lands Disposal Act 1965
(1), (2): Amendment(s) incorporated in the Act(s)
3: The repeal effected by subsection (1) shall have effect for the purposes of all leases, licences, and tenancies subsisting at the time of repeal as well as those which arise or are entered into thereafter.
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 State forest land under the Forests Act 1949 Land Act 1948 section 19(1)
1: The setting apart of all of the land described in subsection (2) as State forest is hereby revoked, and the land is hereby declared to be Crown land subject to the Land Act 1948
2: This section relates to the following land: First, all that parcel of land situated in the North Auckland Land District containing 8.0937 hectares, more or less, being Lot 1 on Deposited Plan No 55090, being part Taupaki Block, situated in Block V, Waitemata Survey District, being all of the land in certificate of title, Volume 7C, folio 120 (North Auckland Registry), together with and subject to a drainage easement created by Transfer A 89962: Secondly, all that parcel of land situated in the North Auckland Land District containing 8.0949 hectares, more or less, being Lots 1 and 2 on Deposited Plan No 50343, being part Taupaki Block, situated in Block V, Waitemata Survey District, being part of the land in certificate of title, Volume 519, folio 136 (North Auckland Registry), together with drainage easements created by Transfer A 89962: Thirdly, all that parcel of land situated in the North Auckland Land District containing 1 727 square metres, more or less, being Lot 1 on Deposited Plan No 38790, being part Allotment 319, Pukeatua Parish, situated in Block XIII, Waiwera Survey District: Fourthly, all that parcel of land situated in the South Auckland Land District containing 41.3220 hectares, more or less, being Section 30 (formerly Part Hoe-O-Tainui North 6B2J No 2 Block), situated in Block VIII, Hapuakohe Survey District (SO Plan 48720): Fifthly, all that parcel of land situated in the South Auckland Land District containing 78.7970 hectares, more or less, being Section 31 (formerly Part Hoe-O-Tainui North 5B No 2 and 6B2J No 2 Blocks), situated in Block VIII, Hapuakohe Survey District (SO Plan 48720): Sixthly, all that parcel of land situated in the South Auckland Land District containing 4.9093 hectares, more or less, being part Section 15, Block XI, Wharepapa Survey District (SO Plan 46768): Seventhly, all that parcel of land situated in the South Auckland Land District containing 1.3483 hectares, more or less, being part Section 15, Block XI, Wharepapa Survey District (SO Plan 46768): Eighthly, all that parcel of land situated in the South Auckland Land District containing 7 757 square metres, more or less, being part Section 4, Block I, Tarawera Survey District (SO Plan 47243): Ninthly, all that parcel of land situated in the Hawke's Bay Land District containing 23.3550 hectares, more or less, being Section 1, Block XIV, Ngaruroro Survey District (SO Plan 6935): Tenthly, all that parcel of land situated in the Hawke's Bay Land District containing 21.8850 hectares, more or less, being Section 3, Block II, Wakarara Survey District (SO Plan 6936): Eleventhly, all that parcel of land situated in the Hawke's Bay Land District containing 39.9259 hectares, more or less, being Section 4, Block II, Wakarara Survey District (SO Plan 6954): Twelfthly, all that parcel of land situated in the Hawke's Bay Land District containing 41.7736 hectares, more or less, being Section 1, Block XII, Kuripapango Survey District (SO Plan 6950): Thirteenthly, all that parcel of land situated in the Hawke's Bay Land District containing 2 494 square metres, more or less, being Section 3, Block XII, Kuripapango Survey District (SO Plan 6951): Fourteenthly, all that parcel of land situated in the Hawke's Bay Land District containing 6.4495 hectares, more or less, being Section 5, Block XII, Kuripapango Survey District (SO Plan 6952): Fifteenthly, all that parcel of land situated in the Hawke's Bay Land District containing 7 469 square metres, more or less, being Section 1, Block II, Ngaruroro Survey District (SO Plan 6952): Sixteenthly, all that parcel of land situated in the Wellington Land District containing 3.1056 hectares, more or less, being Section 1, Block VIII, Tongariro Survey District (SO Plan 30461): Seventeenthly, all that parcel of land situated in the Wellington Land District containing 396.9151 hectares, more or less, being Sections 32, 33, and 34, Block XI, Manganui Survey District (SO Plan 28717): Eighteenthly, all that parcel of land situated in the Wellington Land District containing 120.4091 hectares, more or less, being Section 26, Block XII, Manganui Survey District (SO Plan 28718): Nineteenthly, all that parcel of land situated in the Marlborough Land District containing 170.3170 hectares, more or less, being part Section 1, Block XVIII, Taylor Pass Survey District (SO Plan 5376): Twentiethly, all that parcel of land situated in the Nelson Land District containing 9.2600 hectares, more or less, being State forest situated in Block VI, Reefton Survey District (as marked A on SO Plan 12042): Twenty-firstly, all that parcel of land situated in the Nelson Land District containing 3.5545 hectares, more or less, being State forest situated in Block X, Reefton Survey District (as marked B on SO Plan 12042): Twenty-secondly, all that parcel of land situated in the Nelson Land District containing 1.2240 hectares, more or less, being part Section 25 (now known as Section 29), Block VII, Wangapeka Survey District (SO Plan 11989): Twenty-thirdly, all that parcel of land situated in the Nelson Land District containing 11.7094 hectares, more or less, being part Lot 5 on Deposited Plan No 2637 being parts Sections 71 and 72, District of Upper Motueka, and part Section 72A, Block IX, Wai-iti Survey District (as marked A on SO Plan 12127): Twenty-fourthly, all that parcel of land situated in the Nelson Land District containing 453 square metres, more or less, being part Lot 3 on Deposited Plan No 2637 being part Section 72, District of Upper Motueka, and part Section 72A, Block IX, Wai-iti Survey District (as marked B on SO Plan 12127): Twenty-fifthly, all that parcel of land situated in the Nelson Land District containing 30.5114 hectares, more or less, being Lot 4 and part Lot 3 on Deposited Plan No 2637 being parts Sections 71 and 72, District of Upper Motueka, and part Section 72A, Block IX, Wai-iti Survey District (as marked C on SO Plan 12127): Twenty-sixthly, all that parcel of land situated in the Westland Land District containing 144 square metres, more or less, being part Reserve 1677, situated in Block VI, Otira Survey District (SO Plan 5840): Twenty-seventhly, all that parcel of land situated in the Westland Land District containing 55.4419 hectares, more or less, being part Reserve 1620, situated in Block XI, Waimea Survey District, as more particularly shown on the plan numbered as 125/26 and deposited in the Head Office of the New Zealand Forest Service at Wellington: Twenty-eighthly, all that parcel of land situated in the Westland Land District containing 40.4685 hectares, more or less, being Reserve 1744, situated in Blocks XI and XII, Waimea Survey District, as more particularly shown on the plan numbered as 125/17 and deposited in the Head Office of the New Zealand Forest Service at Wellington: Twenty-ninthly, all that parcel of land situated in the Westland Land District containing 4 474 square metres, more or less, being Reserve 1878, situated in Block III, Ahaura Survey District (SO Plan 4428): Thirtiethly, all that parcel of land in the Westland Land District containing 1146.3964 hectares, more or less, being Rural Sections 5524 to 5531 inclusive (formerly parts Reserves 1606 and 1694), situated in Blocks III and IV, Ahaura, and Blocks I and V, Pohaturoa Survey Districts (SO Plan 9679): Thirty-firstly, all that parcel of land situated in the Otago Land District containing an area of 4 800 square metres, more or less, being part Section 18, Block IV, Clarendon Survey District (SO Plan 18516).
12: District Land Registrars to make entries in registers
District Land Registrars are hereby authorised and directed to make such entries in their respective registers, and to do all such other things, as may be necessary to give full effect to the provisions of this Act.