Whereas all that piece of land situate in the Borough of Petone containing 3 roods 39 perches and seven-tenths of a perch, more or less, being part Section 3, Hutt District, situated in Block XIII, Belmont Survey District, and being the land described in Special Crown Grant Number 82 recorded in the Special Grant Book in the office of the Chief Surveyor at Wellington, at page 181, is vested in the Roman Catholic Archbishop of Wellington in trust to permit the said land to be forever used and appropriated as a cemetery for the burial of members of the Roman Catholic religion exclusively: And whereas no interment of human remains has taken place in the said cemetery for several years: And whereas no further interments are likely to take place therein: And whereas the said cemetery has not been closed pursuant to the provisions of the Cemeteries Act 1908: And whereas the said cemetery is overgrown and the owner thereof has had difficulty in keeping the said piece of land and the headstones, monuments, and grave surrounds therein in a neat and tidy condition: And whereas it is expedient that the said cemetery should be closed and no further interment of human remains be permitted therein: And whereas the Petone Borough Council is desirous of laying a drain through the said cemetery and of taking part thereof for street purposes as a widening of McKenzie Street: And whereas the Petone Borough Council has offered as compensation for such works to take over responsibility for the future upkeep of the said cemetery: And whereas the Roman Catholic Archbishop of Wellington is willing to accept such offer of compensation: And whereas it is expedient that the said headstones, monuments, and grave surrounds should be removed and that the said piece of land, other than that part to be taken for street purposes, be levelled and laid out in lawns with ornamental trees, shrubs, and gardens: And whereas the Petone Borough Council and the Roman Catholic Archbishop of Wellington have no power without legislation to give effect to all their wishes.