EXPLANATORY NOTE. THIS Bill contains various provisions relating to Crown land, reserves, and other land held for public purposes.

Transcription

1 RESERVES AND OTHER LANDS DISPOSAL BILL EXPLANATORY NOTE THIS Bill contains various provisions relating to Crown land, reserves, and other land held for public purposes. Clause 1 provides for the Short Title. Ctause 2 deals principally with the vesting of 3 pieces of land near the township of Sanson which are at present vested in the Sandon Public Park Board established by Act of the Wellington Provincial Council in One has a public hall erected on it which is in need of replacement, another is used as a recreation and picnic ground, and the third is a little used area designated as a public park. This clause gives effect to the Board's wish to hand over its affairs to the Manawatu County Council on the basis that the first two pieces of land will be vested in the County as a public reserve for recreation purposes under the Reserves and Domains Act 1953, and the third will be held by the County on trust for the purposes of a public hall. In the event of a sale of the last-mentioned piece of land, the proceeds may be used, with the approval of the Minister of Lands, to improve any public reserve in the Sanson district. If the County Council proposes to sell that piece of land, section 170(1)of the Counties Act 1956 will require that public notice of the proposal be given beforehand. Clause 3 excludes a residential property, occupied by a member of the Park Board staff, from the Abel Tasman National Park so that the property may be sold and a more suitable property bought. The property is separate from the rest of the Park. Section 10 (2)of the National Parks Act 1952 forbids the exclusion of land from a National Park except by an Act of Parliament. f Clause 4 excludes from the Abel Tasman National Park land which has been sold for amalgamation with an adjoining farm. Section 10 (2) of the National Parks Act 1952 applies (see under clause 3 above). Clause 5 excludes from the Mount Aspiring National Park land which is actually in use as part of the Haast Pass highway. Section 10 (2) of the National Parks Act 1952 applies (see under clause 3 above). f Clause 6 deals with a piece of land in Ohinewai on which is erected a community hall and which was formerly in the name of the Ohinewai Hall Institute ( Incorporated) as registered proprietor. In 1975 the Institute, in the course of winding up its affairs, transferred the land to the Ohinewai Domain Board to be administered as part of the adjacent public domain. Under the Reserves and Domains Act 1953 a Domain Board has power to control a public domain but not to have title to land vested in it. Consequently the transfer should be set aside and the land vested in the Crown (as required by the said Act) as a public domain. This clause is intended to achieve that purpose. Price 206 No i t 1

2 11 Clause 7 deals with a piece of land at Te Karaka which is vested in the corporation of the County of Waikohu for library purposes but which is no longer required, or likely to be required, for those purposes. The clause permits the County Council to construct a road on the land as part of a housing subdivision of adjacent land, subject to the Council crediting its library account with the market value of the land. This is to be assessed as at 1 April 1977, and the amount is to be approved by the Minister of Lands. Clause 8 repeals, and re-enacts with amendment, section 5 of the Canterbury Provincial Buildings Vesting Act 1928 which empowers the Canterbury Provincial Buildings Board to appoint a committee and delegate its functions, powers, and duties to it. The new section 5 widens the membership of this committee to include persons appointed by the Board on the nomination of The New Zealand Historic Places Trusts, The Christchurch City Council, The Municipal Association of New Zealand and the Counties Association of New Zealand jointly, the Commissioner of Works and the Director-General of Lands and Survey. The new section also makes supplementary provisions as to the constitution and functioning of the committee. Clause 9 relates to certain land in and adjacent to the Whananaki Cemetery in the County of Whangarei. The cemetery was set aside in 1895 and originally comprised some 10 acres. However, only a small portion was ever used for burial purposes, and the cemetery was declared closed on 30 June Adjoining the cemetery is a recreation reserve (the former Whananaki Domain) which is vested in the Whangarei County Council. The Council wishes to have the unused portion of the cemetery added to the reserve, and subelause (1) of this clause provides accordingly. A recent survey of the area has disclosed that a small strip of the reserve has been used for cemetery purposes. Subdause (2) provides that this is to be held and managed by the Council as a closed cemetery, Clause 10 repeals section 8 (3) of the Reserves and Other Lands Disposal Act 1965 which empowers the Bay of Plenty Harbour Board (formerly the Tauranga Harbour Board),in relation to land at Mount Maunganui wharf vested in it, to terminate any lease, licence, or tenancy by giving 28 days' notice in writing. When section 8 (3) was enacted it was intended that the land would not be available for large-scale development and improvement by lessees, and the provision in section 8 (3) was consistent with that object. Circumstances have now changed and it is no longer desired to retain the overriding statutory power in section 8 (3). Ciause 11 declares certain land which is subject to the Forests Act 1949 to be Crown land subject to the Land Act 1948, and, in the case of 3 parcels, excludes them from the Ruahine State forest park. The areas dealt with in this clause comprise various parcels of State Forest in North Auckland, South Auckland, Hawke's Bay, Wellington, Marlborough, Nelson, Westland, and Otago Land Districts. The lands first and secondly described are part of the Kumeu Nursery. They are to be exchanged for land acquired from the DSIR. The land thirdly described is part of the Riverhead State Forest 37 km north-west of Auckland. It is to be used for housing purposes.

3 iii The lands fourthly and fifthly described are part of the Hapuakohe State Forest 29 km north-west of Morrinsville. They are to be disposed of to two adjoining owners. The lands sixthly and seventhly described are part of the Wharepuhunga State Forest. They are required to complete the Taupaki road deviation works and are situated 37 km east of Otorohanga. The land eighthly described is part of the Whakarewarewa State Forest. It is required for the reconstruction of State Highway 30 on the outskirts of Rotorua. The lands ninthly and tenthly described are part of the Ruahine State Forest Park 55 km west of Hastings. They are to be added to two recently settled farm units at Mangleton Farm Settlement. The land eleventhly described is also part of the Ruahine State Forest Park 55 km west of Hastings. It is to be added to a proposed Scenic Reserve. The lands twelfthly, thirteenthly, fourteenthly, and fifteenthly described are parts of the Kaweka State Forest 80 km north-west of Napier. They are to be exchanged with an adjoining owner as part of an adjustment of boundaries. i The land sixteenthly described is part of the Tongariro State Forest 10 km west of Lake Rotoaira. It is to be added to an adjoining Historic Reserve. The lands seventeenthly and eighteenthly described are parts of Erua State Forest 22 km north of Raetihi. They are to be added to a farm unit being offered for settlement this year. The land nineteenthly described is part of the Dumgree State Forest 56 km south of Picton. It is to be disposed of to an adjoining owner for farming purposes. The lands twentietlily and twenty-firstly described are State Forest lands 6 km north of Reefton. They are to be disposed of to an adjoining owner as part of an exchange. The land twenty-secondly described is part of the Golden Downs State Forest, 54 km south of Nelson. It is to be disposed of to an adjoining owner. The lands twenty-thirdly, twenty-fourthly, and twenty-fifthly described are parts of the Tapawera State Forest Service Village, Golden Downs State Forest. The land is to be subdivided for housing purposes for Forest Service employees. Some sections will be sold privately to ensure a balance of private and State dwellings. The land twenty-sixthly described is State Forest 8 km north of Otira. It is required for roading purposes. The lands twenty-seventhly and twenty-eighthly described are State Forest 4 km west of Kumara. They are to be disposed of for private forestry purposes. The lands twenty-ninthly and thirtiethly described are parts of Granville State Forest 49 km north-east of Greymouth. They are to be disposed of to adjoining owners for farming purposes. The land thirty-firstly described is part of the Otago Coast State Forest, 20 km north of Milton. It is to be disposed of to an adjoining owner for farming purposes. Clause 12 provides for the necessary amendments to registers kept under the Land Transfer Act

4 Hon. MTV.S. Young RESERVES AND OTHER LANDS DISPOSAL ANALYSIS Title 1. Short Title 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 3. Excluding land from the Abel Tasman National Park 4. Excluding further land from the Abel Tasman National Park 5, Excluding land from the Mount Aspiring National Park 6. Vesting land in Ohinewai in the Crown as public domain 7. Land vested in corporation of Waikohu County for library purposes declared to be held for housing purposes 8. Altering the membership of the committee of the Canterbury Provincial Buildings Board and making supplementary provisions 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 10. Repealing section 8 (3) Reserves and Other Lands Digposal Act Declaring land subject to the Forests Act 1949 to be Crown land subiect to rhe Land Act District Land Registrars to make entries in registers A BILL INTITULED An Act to provide for various matters relating to Crown land, reserves, and other land held for public purposes BE IT ENACTED by the General Assembly of New Zealand 5 in Parliament assembled, and by the authority of the same, as follows: 1. Short Title-This Act may be cited as the Reserves and Other Lands Disposal Act f No i

5 2 Reserves and Other Lands Disposal 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") was constituted by an Act of the Wellington 5 Provincial Council titled the Sandon Public Park Management Act 1875: And whereas the 3 parcels of land described in subsection (6) of this section are held by the Board for the benefit of the inhabitants of the District referred to in the said Act, being respectively land on which is erected a 10 public hall, land used as a recreation and picnic ground, and land set aside as a public park: And whereas, with a view to providing greater benefits for the said inhabitants from the said land, the Board and the Manawatu County Council wish to have the said land vested in the Chairman, Council- 15 lors, and Inhabitants of the County of Manawatu (in this section called "the Corporation" ) on the terms set out in this section: And whereas, upon its being divested of the said land, there is no reason for the continued existence of the Board: And whereas the said Council has agreed to the 20 provisions of subsection (5) of this section: Be it therefore enacted as follows: ( 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) 25 of this section 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 ( 3) The land thirdly described in the said subsection ( 6) 30 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 35 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. 40 (4) If any doubt or dispute arises as to whether a public reserve is within the Sanson district for the purposes of subsection (3) of this section, the question shall be resolved by the Minister of Lands, and his decision thereon shall be final. 45

6 Reserves and Other Lands Disposal 3 (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 5 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 10 District, containing 1012 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) : 15 Secondly, all that parcel of land situated in the Wellington Land District, containing 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 20 of title, Volume 74, folio 92 (WellinAton Registry) subject to Gazette Notice : Thirdly, all that parcel of land situated in the Wellington Land District, containing hectares, more or less, being Lot 1 of Section 152, Town of Sandon, situated in 25 Block XVI, Rangitoto Survey District, and being the whole of the land in certificate of title, Volume 16, folio 145 (Wellington Registry). 1 % 3. Excluding land from the Abel Tasman National Park- Whereas the land described in subsection (2) of this section is 30 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 35 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) of this section 40 is hereby excluded from the Abel Tasman National Park and is declared to be Crown land subject to the Land Act ( 2) This section relates to all that parcel of land situated in the Nelson Land District, containing 796 square metres, 1

7 l 4 Reserves and Other Lands Disposal more or less, being Lot 2 on Deposited Plan No 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) of this 5 section 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 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) of this section is hereby excluded from the Abel Tasman National Park 15 and is declared to be Crown land subject to the Land Act ( 2) This section relates to all that parcel of land situated in the Nelson Land District, containing hectares, more or less, being Sections 37 and 38 of Square 10, situated 20 in Block VI, Totaranui Survey District (S.O. Plan 11848). 5. Excluding land from the Mount Aspiring National Park-Whereas the land described in subsection (2) of this section is included in the Mount Aspiring National Park but has in fact been formed and sealed as part of the Haast Pass 25 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: 30 Be it therefore enacted as follows: (1) The land described in subsection (2) of tllis section is hereby excluded from the Mount Aspiring National Park and is declared to be Crown land subject to the Land Act ( 2) This section relates to all those parcels of land situated in 35 the Westland Land District (containing in aggregate 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 hectares, more or less (S.O. Plan 5296) ; 40 part of Rural Section 4819, situated in Block XIII, Mataketake Survey District, containing hectares, more

8 Reserves and Other Lands Disposal 5 or less (S.O. Plans 5296 and 5297) ; part of Rural Section 4819, situated in Block XIV, Mataketake Survey District, containing hectares, more or less (S.O. Plan 5298) ; part of Rural Section 4823, situated in Blocks XIV 5 and XV, Mataketake Survey District, containing hectares, more or less (S.O. Plan 5298) ; part Rural Section 4819, situated in Block XV, Mataketake Survey District, containing hectares, more or less (S.O. Plans 5298 and 5299) ; part Rural Section 4824, situated in Block 10 XV, Mataketake Survey District, containing hectares, more or less ( S.O. Plan 5299) ; part of Rural Section 4825, situated in Blocks XV and XVI, Mataketake Survey District, containing hectares, more or less (S.O. Plan 5300) : part of Rural Section 4819, situated in Block XVI, 15 Mataketake Survey District, containing 804 square metres, more or less (S.O. Plan 5300) ; part of Rural Section 4826, situated in Block XVI, Mataketake Survey District, and Block XIII, Clarke Survey District, containing hectares, more or less (S.O. Plans 5300 and 5301) ; part of 20 Rural Section 4827, situated in Block XIII, Clarke Survey District, containing 6581 square metres, more or less (S.O. Plan 5301) ; part of Rural Section 4827, situated in Block XIII, Clarke Survey District, containing 1049 square metres, more or less (S.O. Plan 5301) ; part of Rural Section 4819, 25 situated in Block XIII, Clarke Survey District, containing hectares, more or less (S.O. Plan 5301) ; pant of Rural Section 4828, situated in Block XIII, Clarke Survey District, containing hectares, more or less (S.O. Plans 5301 and 5302) ; part of Rural Section 4828, situated in Block XIII, 30 Clarke Survey District, containing 3793 square metres, more or less (S.O. Plan 5302) ; part of Rural Section 4829, situated in Block XIV, Clarke Survey District and Block II, Haast Pass Survey District, containing hectares, more or less (S.O Plan 5302) ; part of Rural Section 4829, situated in 35 Block II, Haast Pass Survey District, containing 177 square metres, more or less (S.O. Plan 5302) ; pant of Rural Section 4828, situated in Block I, Haast Pass Survey District, containing 3212 square metres, more or less (S.O. Plan 5302) ; part of Rural Section 4828, situated in Block I, Haast Pass Survey 40 District, containing 505 square metres, more or less (as marked A on S.O. 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 S.O. Plan 5362) ; part of Rural Section 4828, situated in Block I, Haast

9 6 Reserves and Other Lands Disposal Pass Survey District, containing 1340 square metres, more or less (S.O. Plan 5302) ; part of Rural Section 4828, situated in Block I, Haast Pass Survey District, containing 1466 square metres, more or less ( S.O. Plan 5302) ; parts of Rural Section 4819, situated in Block XIII, Mataketake Survey 5 District, containing heetares, more or less (as marked A, C, E, and F on S.O. 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 S.O. Plan 9146) ; part of Rural Section situated in Block XIV, Mataketake Survey District, containing 6575 square metres, more or less (as marked C on S.O. Plan 9146) ; part of Rural Section 4823 situated in Block XY, Mataketake Survey District, containing 6112 square metres, more or less (as marked D on S.O. Plan 9146) ; part 15 of Rural Section 4825, situated in Block XVI, Mataketake Survey District, containing 5876 square metres, more or less (as marked E on S.O. Plan 9146) ; part of Rural Section 4828, situated in Block XIII, Clarke Survey District, containing hectares, more or less ( as marked F on S.O. Plan ). 6. Vesting land in Ohinewai in the Crown as public domain-whereas by memorandum of transfer number H (South Auckland Registry) the Ohinewai Hall Institute ( Incorporated) purported to transfer the land 25 described in subsection (2) of this section 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 30 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 35 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: C 1) The said land is hereby vested in the Crown as a public domain subject to Part III of the Reserves and Domains Act , to form part of the Ohinewai Domain and to be administered and controlled as a public domain by the Ohinewai Domain Board.

10 Reserves and Other Lands Disposal 1 ( 2) This section relates to all that parcel of land situated in the South Auckland Land District, containing 1011 square metres, more or less, being part of Lot 2 on Deposited Plan No being part of Allotment 43, Taupiri Parish situated 5 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- 10 Whereas by section 5 of the Reserves and Other Lands Disposal Act 1963 the land described in subsection (4) of this section was vested in the Chairman, Councillors, and Inhabitants of the County of Waikohu for an estate in fee simple for library purposes: And whereas the library housed 15 on the said land has been removed to another site and the land is no longer required, or likely to be required, for library purposes: And whereas the Council of the said County proposes to carry out a subdivision for housing purposes of land adjoining the said land, and it would be advantageous 20 to construct a road on the said land to provide access to such adjoining land: Be it therefore enacted as follows: (1) Notwithstanding section 5 of the Reserves and Other Lands Disposal Act 1963, but subject to subsection (2) of this section, the purpose for which the said land is held 25 pursuant to the said section 5 is hereby discharged, and the land is declared to be held hereafter for housing purposes under Part XXV of the Counties Act ( 2) The Waikohu County Council shall not commence to construct a road on the said land or otherwise undertake 30 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 the 1st day 35 of April ( 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 40 subsection (2) of this section 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 being

11 8 Reserves and Other Lands Disposal 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 5 provisions-whereas by section 5 of the Canterbury Provincial Buildings Vesting Act 1928 (in this section referred to as the principal Act) the Canterbury Provincial Buildings Board is empowered to appoint a committee of not more than 7 nor less than 5 of its members, and to delegate to such 10 committee all or any of the powers conferred on the Board by the succeeding provisions of the principal Act: And whereas in order to better achieve the purposes of the principal Act it is desirable to widen and increase the membership of the said committee: Be it therefore enacted as 15 follows: ( ) The principal Act is hereby amended by repealing section 5, and substituting the following section: "5. Board may delegate to an executive committee- ( 1) The Board may delegate to an executive committee 20 appointed pursuant to subsection (4) of this section all or any of the powers, functions, and duties conferred or imposed on it by sections 6, 7, 10, and 12 of this Act. "(2) Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise or performance 25 by the Board of any of its powers, functions, or duties. "(3) Until any such delegation is revoked it shall continue in force according to its tenor, notwithstanding any change in the membership of the Board or of the executive committee. "(4) The executive committee referred to in this section 30 shall consist of: "(a) Five members of the Board appointed by the Board as occasion may require; and " (b) Five other persons appointed by the Board as occasion may require, one being appointed on the nomin- 35 ation of each of the following: " (i) The New Zealand Historic Places Trust: "(ii) The Christchurch City Council: " (iii) The Municipal Association of New Zealand and the Counties Association of New Zealand 40 jointly: " (iv) The Commissioner of Works: " (v) The Director-General of Lands and Survey.

12 Reserves and Other Lands Disposal 9 "(5) The Chairman of the Board shall appoint a member of the executive committee to be the Chairman of that committee, and may'at any time revoke such appointment. "(6) If the Chairman of the executive committee is absent 5 from a meeting, or there is no such Chairman for the time being, the members present shall appoint one of their number to preside. "(7) In the case of an equality of votes, the Chairman or other person for the time being presiding at a meeting of the 10 executive committee shall have a casting vote, as well as his deliberative vote. " (8) The Board may from time to time revoke in writing the appointment of any member of the executive committee, and a member thereof shall hold his appointment until it is so 15 revoked, or he resigns by notice in writing to the Chairman of the Board, or dies. "(9) The powers of the executive committee shall not be affected by any vacancy in its membership. " ( 10) At all meetings of the executive committee not less 20 than 4 members shall form a quorum. "( 11) Subject to any directions of the Board, the executive committee may regulate its own proceedings in such manner as it thinks fit." ( 2) Any delegation by the Board which is in force immedi- 25 ately before the commencement of this section under section 5 (1) of the principal Act (as repealed by subsection (1) of this section) shall thereafter continue in force according to its tenor until it is revoked. 9. Removing the closed cemetery status from the balance 30 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 dated the 4th day of March 1895 and published in the Gazette on the 7th day 35 of March 1895 at page 457 certain land situated in the North Auckland Land District (being the land first described in subsection (3) of this section and being referred to in this section as the cemetery) was permanently reserved for cemetery purposes: And whereas by notice under the Burial 40 and Cremation Act 1964 dated the 15th day of December 1969 and published in the Gazette on the 18th day of December 1969 at page 2629 the Minister of Health directed that 2

13 1.9 Remerues and Other Lands Disposal the cemetery be closed and burials therein discontinued after the 30th day of June 1970: And whereas by the same notice the control and management of the cemetery was vested in the Whangarei County Council as from the 30th day of June 1970: And whereas the cemetery adjoins part 5 of the land comprised in the former Whananaki Domain (referred to in this section as the reserve) which, by notice dated the tlth day of September 1969 and published in the Gater#e on the 18th day of September 1969 at page 1796, was ve#ted in the Chairman, Councillors, and Inhabitants 10 of the County of Whangarei for recreation purposes: And wha'das 6*1 a small portion of the cemetery (being the laftd secatidly described in subsection (3) of this section) has been ued for burial purposes and the Council is desirous of incorporating the balance, being the land thirdly described 15 in subsection (3)of this section, into the reserve: And whereas it has 'been tound that a small portion of the reserve (being the land fourthly described in subsection (3) of this section and referred to in this section as the cemetery portion) has been used for burial purposes and it is desirable that the 20 land be declared to be and to be managed as a closed cemetery: Be it therefore enacted as follows: ( 1) Notwithstanding anything in the Burial and Cremation Act 1964, the land presently comprised in the cemetery, except the land secondly described in subsection (3) of this 25 section, shall vest in the Chairman, Councillors, and Inhabitants of the County of Whangarei in trust as a'reserve for recreation purposes subject to the Reserves and Domains Act (2) Notwithstanding anything in the Reserves and Domains 30 Act 1953 or in the Burial and Cremation Act 1964, the following provisions shall apply to the cemetery p6rtion: (a) The cemetery portion shall be deemed to have been duly dedicated as a cemetery on the 4th day of March 1895: 35 tb ) The Minister of Health shall be deemed to have duly directed, pursuant to the Burial and Cremation Act 1564, that ;the cemetery portion be closed and burials therein discontinued after the said 30th day of June 1970: 40 (c) Thecontrol and management of the closed cemttery portion shall be deemed to have vested in the Whangarei County Council on that date.

14 Y Reserves and Other Lands Disposal 11 ( 3) This section relates to the following land; First, all that parcel of land in the North Auck;and Land District, containing hectares, more or less, being Sectiou 25, situated in Block IX, Opuawhanga Survey 5 District (S.O. Pim 7091): Se ondly, All that parcel of land in the North AucldaRd Land Distrkt, containing 956 square metres, more or less, being part Section 25, situated in Block IX, Opuawhanga Survey District ( S.0. Plan 48112): 10 Thirdly, all that parcel of land in the North Auckland Land District, containing hectares, more or less, being Section 71 (formerly part Section 25), situated in Block IX, Opuawhanga Survey District (S.O. Plan 48112): Fourthly, all that parcel of land in the North Auckland 15 Land District, containing 96 square metres, more or less, being Section 70 (formerly part Section 26), situated in Block IX, Opuawhanga Survey District (S.O. Plan 48112). 10. Repealing section 8 (3) Reserves and Other Lands Disposal Act 1965-Whereas the land described in subsections 20 (6) and (7)of section 8 of the Reserves and Other Lands Disposal Act 1965 (in this section referred to as the principal Act) is vested in the Bay of Plenty Hart)our Board (formerly the Tauranga Harbour Board): And whereas section 8 (3) of the principal Act empowers the said Harbour Board, 25 subject to a proviso, to terminate any lease, licence, or tenancy of tile said land by giving 28 days' notice in writing: And whereas it is desired that the principal Act should no longer confer such power on the said Harbour Board; Be it therefore enacted as follows: 30 (1) Section 8 of the principal Act is hereby amended by repealing subsection (3). (2) The said section 8 is hereby further amonded- (a) By omitting from the sixth recital the words "(subject to c«*am limitations as to leasing)1': 35 (b) By omitting from subsections (1) and (2) tlie ikord#f "and to subsection (3) of this section". (3) The repeal effected by subsection (1) of this section shall have effect for the purposes of all leases, licinces, and tenancies subsisting at the time of repeal as well a#. those 40 which arise er are entered bito thereafter.

15 12 Reserves and Other Lands Disposal 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) of this section is set apart as State forest land under the Forests Act 1949: And whereas it is desired that it should be declared Crown land subject 5 to the Land Act 1948 but, by section 19 ( 1) of the Forests Act 1949, this can only be done by Act: And whereas it is also desired that the land ninthly, tenthly, and eleventhly described in the said subsection shall cease to be part of the Ruahine State Forest Park: Be it therefore enacted as follows: 10 ( 1) The setting apart of all of the land described in subsection (2) of this section as State forest is hereby revoked, and the land is hereby declared to be Crown land subject to the Land Act 1948; and, in the case of the land ninthly, tenthly, and eleventhly described in the said subsection, it 15 is also declared to be no longer part of the Ruahine State Forest Park. (2) This section relates to the following land: First, all that parcel of land situated in the North Auckland Land District containing hectares, more or less, 20 being Lot 1 on Deposited Plan No , 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 Secondly, all that parcel of land situated in the North Auckland Land District containing hectares, more or less, being Lots 1 and 2 on Deposited Plan No , being part Taupaki Block, situated in Block V, Waitemata Survey District, being part of the land in certificate of title, 30 Volume 519, folio 136 (North Auckland Registry), together with drainage easements created by Transfer A Thirdly, all that parcel of land situated in the North Auckland Land District containing 1727 square metres, more or less, being Lot 1 on Deposited Plan No , being part 35 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 hectares, more or less, being Section 30 (formerly Part Hoe-O-Tainui North 40 6B2J No. 2 Block), situated in Block VIII, Hapuakohe Survey District ( S.O. Plan 48720).

16 Reserves and Other Lands Disposal 13 Fifthly, all that parcel of land situated in the South Auckland Land District containing hectares, more or less, being Section 31 (formerly Part Hoe-0-Tainui North 5B No. 2 and 6B2J No. 2 Blocks), situated in Block VIII, 5 Hapuakohe Survey District (S.O. Plan 48720). Sixthly, all that parcel of land situated in the South Auckland Land District containing hectares, more or less, being part Section 15, Block XI, Wharepapa Survey District (S.O. Plan 46768). 10 Seventhly, all that parcel of land situated in the South Auckland Land District containing hectares, more or less, being part Section 15, Block XI, Wharepapa Survey District (S.O. Plan 46768). Eighthly, all that parcel of land situated in the South 15 Auckland Land District containing 7757 square metres, more or less, being part Section 4, Block I, Tarawera Survey District ( S.O. Plan 47243). Ninthly, all that parcel of land situated in the Hawke's Bay Land District containing hectares, more or less, 20 being Section 1, Block XIV, Ngaruroro Survey District (S.0. Plan 6935). Tenthly, all that parcel of land situated in the Hawke's Bay Land District containing hectares, more or less, being Section 3, Block II, Wakarara Survey District (S.O. 25 Plan 6936). Eleventhly, all that parcel of land situated in the Hawke's Bay Land District containing hectares, more or less, being Section 4, Block II, Wakarara Survey District (S.O. Plan 6954). 30 Twelfthly, all that parcel of land situated in the Hawke's Bay Land District containing hectares, more or Iess, being Section 1, Block XII, Kuripapango Survey District (S.O. Plan 6950). Thirteenthly, all that parcel of land situated in the Hawke's 35 Bay Land District containing 2494 square metres, more or less, being Section 3, Block XII, Kuripapango Survey District (S.0. Plan 6951). Fourteenthly, all that parcel of land situated in the Hawke's Bay Land District containing hectares, more or less, 40 being Section 5, Block XII, Kuripapango Survey District (S.0. Plan 6952). Fifteenthly, all that parcel of land situated in the Hawke's Bay Land District containing 7469 square metres, more or less, being Section 1, Block II, Ngaruroro Survey District 45 ( S.0. Plan 6952).

17 14 Reserves and Other Lands Disposal Sixteenthly, all that parcel of land situated in the Wellington Land District containing hectares, more OF less, being Section 1, Block VIII, Tongariro Survey District (S.0. Plan 30461). Seventeenthly, all that parcel of land situated in the 5 Wellington Land District containing hectares, more 0* less, being Sections 32,33, and 34, Block XI, Manganui Survey District (S.O. Plan 28717). Eighteenthly, all that parcel of land situated in the Wellington Land District containing hectares, more 10 or Eeg, being Section 26, Block XII, Manganui Survey District (S.0. Plan 28718). Nineteenthly, all that parcel of land situated in the Marl- 54]jrough Land District containing hectares, more or less, being part Section 1, Block XVIII, Taylor Pass 15 Survey District (S.O. Plan 5376). Twentiethly, all that parcel of land situated in the Nelson Land District containing hectares, more or less, being State forest situated in Block VI, Reefton Survey District (as marked "A" on S.O. Plan 12042). 20 Twenty-firstly, all that parcel of land situated in the Nelson Land District containing hectares, more or less, being State forest situated in Block X, Reefton Survey Ditrict (as marked "B" on S.O. Plan 12042). Twenty-secondly, all that parcel of land situated in the 25 Nefson Land District containing hectares, more or less, being part Section 25 (now known as Section 29), Block VII, Wangapeka Survey District (S.0. Plan 11989). Twenty-thirdly, all that parcel of land situated in the Nelson Land District containing hectares, more or 30 less, being part Lot 5 on Deposited Plan No being parts Sections 71 and 72, District of Upper Motueka, and part Section 72A, Block IX, Wai-iti Survey District (as marked A on S.O. Plan 12127). Twenty-fourthly, all that parcel of land situated ill the 35 Nelson Land District containing 453 square metres, more or less, being part Lot 3 on Deposited Plan No being part Section 72, District of Upper Motueka, and part Section 72A, Block IX, Wai-iti Survey District (as marked B on S.O. Plan Twenty-fifthly, all that parcel of land situated in the Nelson Land District containing hectares, more or less, being Lot 4 and part Lot 3 on Deposited Plan No being parts Sections 71 and 72, District of Upper Motueka, and part Section 72A, Block IX, Wai-iti Survey District (es 45 marked C on S.O. Plan 12127).

18 Reserves and Other Lands Disposal 15 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 (S.O. Plan 5840). 5 Twenty-seventhly, all that parcel of land situated in the Westland Land District containing 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 10 of the New Zealand Forest Service at Wellington. Twenty-eighthly, all that parcel of land situated in the Westland Land District containing hectares, more or less, being Reserve 1744, situated in Blocks XI and XII, Waimea Survey District, as more particularly shown on the 15 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 4474 square metres, more or less, being Reserve 1878, situated in Block III, Ahaura 20 Survey District ( S.O. Plan 4428). Thirtiethly, all that parcel of land in the Westland Land District containing hectares, more or less, being Rural Sections 5524 to 5531 inclusive (formerly parts Reserves 1606 and 1694), situated in Blocks III and IV, 25 Ahaura, and Blocks I and V, Pohaturoa Survey Districts ( S.O. Plan 9679). Thirty-firstly, all that parcel of land situated in the Otago Land District containing an area of 4800 square metres, more or less, being part Section 18, Block IV, 30 Clarendon Survey District (S.O. 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 35 to the provisions of this Act. WELLINGTON, NEW ZEALAND: Printed under the authority of the New Zealand Government, by E. 0. KEATING, Government Printer-1976