New Zealand Acts

RESERVES AND OTHER LANDS DISPOSAL ACT 1935 - SECT 18

18 Cancelling reservation over Suburban Section 96, Borough of Napier, declaring closed street to be Crown land, and reserving a drill-shed site

Whereas Suburban Section 96 of the Borough of Napier was granted from the Crown on 1 February 1861 to the Superintendent of the Province of Hawke's Bay in trust for a site for emigration barracks and a Maori hostelry:   And whereas subsequent dealings with the said section have purported to reserve portions thereof as a site for a drill-shed and for telegraph purposes:     And whereas a building erected on the area purported to have been reserved for a drill-shed site encroached upon a public street (known as Coote Road):     And whereas the original trust over the said section has never been extinguished and the said purported subsequent dealings have no force or effect:     And whereas no portion of the said section is now required as a site for emigration barracks and a Maori hostelry or for telegraph purposes:     And whereas it is expedient that all trusts and reservations heretofore affecting the said section should be extinguished in order that portion of the land may be properly set apart as a drill-shed site and the remainder dealt with as Crown land:     And whereas by Proclamation issued under section 12 of the Land Act 1924 and published in the Gazette of 28 March 1935 portion of Coote Road (including the area encroached upon as above mentioned), which forms the south-western boundary of the said section, was declared to be closed:     And whereas an area of Crown land, being part Suburban Section 95 of the said borough, was by the said Proclamation proclaimed a street:     And whereas it is equitable that the Crown should receive that portion of the said closed street which forms the south-western boundary of the said Section 96 in exchange for the portion of the said Section 95 proclaimed as a street:     Be it therefore enacted as follows:  

1 Notwithstanding anything to the contrary in the Public Reserves, Domains, and National Parks Act 1928 or in any other Act, Suburban Section 96, Borough of Napier, described in subsection (5), is hereby declared to be freed from all trusts and reservations whatsoever heretofore affecting the same.

2 The land described in subsection (6), being that portion of Coote Road closed as hereinbefore mentioned, is hereby declared to be vested in His Majesty the King.

3 The land described in subsection (7), being portion of Suburban Section 96, Borough of Napier, together with part of the closed portion of Coote Road referred to in the last preceding subsection, is hereby declared to be a reserve for a drill-shed site under and subject to the provisions of the Public Reserves, Domains, and National Parks Act 1928.

4 The land described in subsection (8), being the remaining portion of Suburban Section 96, Borough of Napier, together with the remaining part of the closed portion of Coote Road, is hereby declared to be Crown land available for disposal under the Land Act 1924.

5 The land to which subsection (1) relates is particularly described as follows:   All that piece or parcel of land situate in the Town of Napier, containing by admeasurement 3 roods 19 perches and seventy-six hundredths of a perch, more or less, being Suburban Section 96, Town of Napier: bounded towards the north by Lot 1 on Plan Number 5078, deposited in the office of the District Land Registrar at Napier, and part of Suburban Section 83, Town of Napier, such boundary bearing 86°12′, 542.04 links, and by lines as follows—commencing from the easternmost extremity of the last-mentioned line; thence southerly along Marine Parade by a line bearing 191°19′, 334.26 links; thence generally north-westerly by lines bearing 277°47′30″, 71.97 links, bearing 320°38′30″, 122.7 links, and bearing 299°51′30″, 376.02 links, to the westernmost extremity of the first-mentioned boundary line: as delineated on Plan 1784, red, deposited in the office of the Chief Surveyor at Napier.  

6 The land to which subsection (2) relates is particularly described as follows:   All that piece or parcel of land situate in the Town of Napier, containing by admeasurement 32 perches and three-hundredths of a perch, more or less, being that portion of Coote Road, closed as hereinbefore referred to: bounded by lines as follows—commencing at a point bearing 119°51′30″, 11.71 links, from the westernmost corner of Suburban Section 96; thence south-easterly by lines bearing 119°51′30″, 364.31 links, and bearing 140°38′30″, 122.70 links; thence northwesterly by lines bearing 284°49′, 42.51 links, and bearing 301°43′20″, 424.42 links; thence northerly by a line bearing 11°13′10″, 43.02 links, to the point of commencement: as delineated on the aforesaid Plan 1784, red.  

7 The land to which subsection (3) relates is particularly described as follows:   All that piece or parcel of land situate in the Town of Napier, containing by admeasurement 1 rood 35 perches and eighty-one hundredths of a perch, more or less, being part of Suburban Section 96 and part of the closed street included in the area described in subsection (6): bounded by lines as follows—commencing at a point bearing 266°12′, 98.01 links, from the easternmost corner of Suburban Section 96; thence southerly by a line bearing 192°57′, 311.30 links; thence north-westerly by lines bearing 284°49′, 10.78 links, and bearing 301°43′20″, 198.74 links; thence northerly by a line bearing 20°47′10″, 197.04 links; thence easterly by a line bearing 86°12′, 179.77 links, to the point of commencement: as the same is delineated on the aforesaid Plan 1784, red.  

8 The land to which subsection (4) relates is particularly described as follows:   Firstly, all that piece or parcel of land situate in the Town of Napier, containing by admeasurement 1 rood 11 perches and twenty-eight hundredths of a perch, more or less, being part of Suburban Section 96, Town of Napier, and part of the closed street included in the area described in subsection (6): bounded by lines as follows—commencing at the easternmost corner of Suburban Section 96; thence southerly by a line bearing 191°19′, 334.26 links; thence westerly by lines bearing 277°47′30″, 71.97 links, and bearing 284°49′, 31.73 links; thence northerly by a line bearing 12°57′, 311.30 links; thence easterly by a line bearing 86°12′, 98.01 links, to the point of commencement: as the same is delineated on the aforesaid Plan 1784, red:     Secondly, all that piece or parcel of land situate in the Town of Napier, containing by admeasurement 1 rood 4 perches and seven-tenths of a perch, more or less, being part of Suburban Section 96 and part of the closed street included in the area described in subsection (6): bounded by lines as follows—commencing at the westernmost corner of Suburban Section 96; thence easterly by a line bearing 86°12′, 264.26 links; thence southerly by a line bearing 200°47′10″, 197.04 links; thence generally north-westerly by lines bearing 301°43′20″, 225.68 links, bearing 11°13′10″, 43.02 links, and bearing 299°51′30″, 11.71 links, to the point of commencement: as the same is delineated on the aforesaid Plan 1784, red.  

History: Section 18: amended, on 27 November 1947, pursuant to section 2 of the Maori Purposes Act 1947 (1947 No 59).