25. Validating certain leases and extending the leasing powers of the
Port Chalmers Borough Council in respect of certain lands---Whereas the
lands described in subsection five of this section are vested in the
Corporation of the Borough of Port Chalmers as reserves for the purposes
referred to in that subsection: And whereas the Port Chalmers Borough
Council (in this section referred to as the Council) has granted leases
in respect of parts of the said lands: And whereas the leases purport to
confer certain rights to successive renewals thereof: And whereas the
Council has no power to grant leases containing those rights in respect
of the said lands: And whereas it is expedient that the leases granted
by the Council be validated and that the Council be granted additional
leasing powers in respect of the said lands: Be it therefore enacted as
follows:
(1) All leases in respect of the lands described in subsection five of
this section, or in respect of any parts of any such lands, granted
heretofore by the Council, and all rights of way granted or reserved in
connection therewith, are hereby declared to be and to have been valid
and binding and of full force and effect according to their tenor.
(2) The registration of any of the said leases under the Land Transfer
Act 1952 is hereby validated.
(3) Notwithstanding anything to the contrary in any Act or rule of law
the Council shall have, in respect of the lands described in subsection
five of this section, all powers of leasing and other powers set forth
in sections one hundred and fifty-seven, one hundred and fifty-eight,
one hundred and fifty-nine, and one hundred and sixty-two of the
Municipal Corporations Act 1933.
(4) The District Land Registrar for the Otago Land Registration
District is hereby authorized and directed to make such entries in the
register books, to register such instruments, and to do all such other
things as may be necessary to give effect to the provisions of this
section.
(5) The lands to which this section relates are particularly described
as follows:
All those areas in the Otago Land District, being---
Firstly, all those areas situated in the Borough of Port Chalmers
containing together by admeasurement six acres three roods twenty-three
perches and sixty-eight hundredths of a perch, more or less, and being
Sections 62, 86, 118, 129, 146, 156, 169, 181, 192, 203, 213, 223, 233,
243, 253, 263, 273, 283, 293, 303, 313, 323, 333, 343, 353, 373, and
387, Town of Port Chalmers, and Lot 1 on a plan deposited in the Land
Registry Office at Dunedin, under Number 5728, being Part Section 334,
Town of Part Chalmers, being all the land comprised and described in
certificates of title, Volume 231, folios 135, 136, 142, 141, 143, 144,
145, 153, 154, 155, 156, 164, 165, 166, 167, 168, 169, 170, 171, 172,
179, 180, 181, 182, 183, 185, 186, and Volume 311, folio 237, Otago
Registry; all of the said lands being reserved in trust for the purposes
of public utility for the Town of Port Chalmers and its inhabitants.
Secondly, all that area situated in the Borough of Port Chalmers
containing by admeasurement one acre two roods and seventeen perches,
more or less, being Sections 137, 138, 139, 140, 141, and 143, Town of
Port Chalmers, being all the land comprised and described in certificate
of title, Volume 46, folio 24, Otago Registry; all of the said lands
being reserved in trust for purposes of a municipal estate for the Town
of Port Chalmers and its inhabitants.
Thirdly, all that area situated in the Borough of Port Chalmers
containing by admeasurement thirty perches, more or less, being part
Section 407, Town of Port Chalmers, being all the land comprised and
described in certificate of title, Volume 109, folio 252, Otago
Registry; the said land being reserved in trust for a site for a fire
brigade station.
Fourthly, all those areas situated in the Waikouaiti County containing
together by admeasurement four hundred and eighty-four acres and
twenty-seven perches, more or less, being Sections 27, 28, 29, 31, 32,
and parts of Section 24, Block IV, and parts of Sections 86 and 87,
Block VI, North Harbour and Blueskin Survey District, being all the land
comprised and described in certificates of title, Volume 263, folios 124
and 125, Otago Registry; all of the said lands being reserved in trust
for purposes of public utility for the Town of Port Chalmers and its
inhabitants.