Reserves and Other Lands Disposal Act 1957

  • This version was replaced on 26 January 2017 to make a correction to section 6(1) under section 25(1)(j)(ii) of the Legislation Act 2012.
19 Declaring certain land at Addington to be vested in the Canterbury Agricultural and Pastoral Association

Whereas pursuant to an agreement dated 9 June 1885, John Twigger, of Christchurch, gentleman, gave to the Canterbury Agricultural and Pastoral Association (in this section referred to as the Association) the land described in subsection (4) together with a 1 chain road running through the said land and for which an easement was subsequently created by transfer Number 75005:

And whereas the said land was given subject to the land being held in the name of the District Land Registrar for the Land Registration District of Canterbury and up to 5 persons appointed by the Association as trustees for the said Association and subject also to a condition that in the event of the land being alienated, the land would revert to the said John Twigger and his heirs:

And whereas the said land was transferred to trustees who signed a declaration of trust which provided that, upon the Association ceasing to exist, the land would revert to the Crown for use in promoting the public interests of agricultural and pastoral pursuits in the provincial district of Canterbury:

And whereas the said John Twigger died in November 1885, and by an Order of the Supreme Court the residue of the estate of the said John Twigger, which included any reversionary interest in the said land, was vested in the Ashburton and North Canterbury Hospital Board, now the North Canterbury Hospital Board:

And whereas the said Board makes no claim to the said land and relinquishes any possible interest it may have therein:

And whereas the said District Land Registrar is by virtue of his office a permanent and continuing trustee:

And whereas all other trustees are deceased and no further appointments have been made:

And whereas, to enable the Association to improve its showground and if necessary raise money on mortgage of the said land, the Association wishes to have the said land vested in it for an estate in fee simple subject to the Agricultural and Pastoral Societies Act 1908 and to have the easement created by the said transfer Number 75005 in favour of the land in certificate of title, Volume 114, folio 102, Canterbury Registry, merge in the fee simple title of that land:

And whereas it is desirable and expedient that effect be given to the Association’s wishes:

Be it therefore enacted as follows:

(1)

Subject to the provisions of subsection (2), the land described in subsection (4) is hereby declared to be vested in the Association subject to the Agricultural and Pastoral Societies Act 1908 freed and discharged from all trusts, reservations, and restrictions heretofore affecting the same.

(2)

The easement created by transfer Number 75005 in favour of the land comprised in certificate of title, Volume 114, folio 102, Canterbury Registry, is hereby merged in the fee simple estate of the land.

(3)

The District Land Registrar for the Land Registration District of Canterbury is hereby authorised and directed to make such entries in the register books and to do all such other things as may be necessary to give effect to the provisions of this section.

(4)

The land to which this section relates is particularly described as follows:

All that area in the Canterbury Land District, City of Christchurch, being part of Rural Section 128, situated in Block XV, Christchurch Survey District, containing 5 acres 3 roods and 20 perches, more or less, and being all the land comprised and described in certificate of title, Volume 114, folio 103, Canterbury Registry, subject to the easement in favour of the land in certificate of title, Volume 114, folio 102, Canterbury Registry, created by transfer Number 75005.