786 1908.]

New Zealand.

Short Title.

Enactments consolidated.

Savings.

PUBLIC RESERVES AND DOMAINS. 1908, No. 156.

AN ACT to consolidate certain Enactments of the General Assembly relating to Public Reserves and Domains.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and bv the authority of the same, as follows :—

1. (1.) The Short Title "of this Act is " T h e Public Reserves and Domains Act, 1908."

(2.) This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply:—

(a.) All lands which are reserves or domains under any such enactment on the coming into operation of this Act shall be deemed to be the same reserves or domains under the corresponding Part of this Act.

(b.) All Boards, appointments, Orders in Council, by-laws, orders, regulations, instruments, and generally all acts of authority which originated under any of the said enactments, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corre-sponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated,

(c.) All matters and proceedings commenced under any such enactment, and pending or in progress on the coming into operation of this Act, may be continued, completed, and enforced under this Act.

(3.) This Act is divided into Parts, as follows :— P A R T I .—Public Reserves. (Sections 2 to 30.) P A R T I I .—Publ ic Domains. (Sections 31 to 54.)

Public Reserves and Domains. [No. 156. 787-

PART I. P U B L I C R E S E R V E S .

2. In this Part of this Act, if not inconsistent with the context,— interpretation. "Alienate" and "alienation" include a . limited disposal by 1881» No" I5'sec" 2

lease or license, as well as an absolute disposal by sale or otherwise :

" Borough" means any city, town, or borough incorporated under any Act or Ordinance :

" Crown grant " and " grant " include certificate of title, memo-randum of transfer, conveyance, or instrument evidencing or affecting the title to any public reserve :

" Crown lands " includes all lands formerly designated Crown lands, waste lands, and confiscated lands respectively :

" Local body " means the body corporate of any borough, county, road district, town district, or river district, or the persons or body having the management or control of the local affairs of any district, town, or place not hereinbefore mentioned:

" Public reserve" and "reserve" include— [a.) Land heretofore granted, reserved, or set apart for

any of the purposes mentioned in the Second Schedule hereto, by or under the authority of His Majesty's Letters Patent or Royal Instructions, or of any Ordinance of New Zealand or of New Munster respectively, or of any Act of the General Assembly, or of any Provincial Ordinance, or by the Governor-in-Chief, Governor, or Lieutenant-Governor, or by the New Zealand Company or its agents, or the Canter-bury Association or its agents; and

(b.) Any land heretofore granted, reserved, or set apart for any such purposes as aforesaid by any authority whatso-ever which in the opinion of the Governor in Council is sufficient; and

(c.) Any land hereafter granted, reserved, or set apart for any such purposes as aforesaid by or under the authority of "The Land Act 1908," or any other lawful authority; and

(d.) Any land heretofore or hereafter vested in or acquired by His Majesty or the Governor for any of the purposes aforesaid by purchase, gift, or otherwise:

"Trustees" means any persons or body corporate, however de-signated, in whom the property of any agricultural or pastoral society, charitable institution, cemetery, museum, library, athenaeum, mechanics' institute, school, or other institution of a similar character is vested.

Administration.

3. All public reserves in New Zealand shall be divided into the Classification of classes named in the several Classes I, II, and III in the Second ^ J ^ 6 8 ' Schedule hereto respectively.

4 . In the case of any public reserve set apart for any of the Governor may vest purposes comprised in Class I, whether vested in His Majesty or the Jl^e ornc8hange

IV—50*.

788 .1908.] Consolidated Statutes.

purpose of reserves Governor, or set apart under section three hundred and twenty-one of in Class i. " T h e Land Act, 1908," and whether granted or not, the Governor 1881, No. 15, sec. 4 b y Q r d e r i n C o u n c i l g a z etted, do any of the following

things :— (a.) If in the opinion of the Governor there is any doubt or un-

certainty as to which of the purposes comprised in the said Class I the reserve should be dedicated, the Governor may define the purpose of such reserve or any part thereof to be such one or more of such purposes as he thinks fit.

(b.) If in the opinion of the Governor it is expedient that such reserve or any part thereof should become vested in any local body or Trustees, he may declare that, from and after a date to be named in the order, such reserve or part thereof shall be so vested; and thereafter such reserve or part thereof, as the case may be, shall be vested in such local body or Trustees as the Governor appoints, upon trust for the purposes for which the reserve is set apart,

(c.) If in the opinion of the Governor it is expedient to change the purpose of such reserve or any part thereof to some other purpose, being one or more of the purposes comprised in the said Class I, or to exchange any such reserve for other land of equal value to be dedicated to the same or one or more of the purposes so named, the Governor may make such change, exchange, or dedication, as the case may be, and define the purpose to which such reserve or part thereof, or such land acquired in exchange, shall be dedicated.

5 . In case of any public reserve vested in His Majesty or the Governor, whether granted or not, such reserve not being for one of the purposes comprised in Class I, if there is, in the opinion of the Governor, any doubt or uncertainty as to the purpose for which such reserve was set apart, the Governor may, by notice gazetted, define such purpose or purposes as to either the whole or any part of such reserve, subject to the action of Parliament as hereinafter mentioned.

6 . In the case of any public reserve vested in His Majesty or the Governor for any of the purposes comprised in Class II, whether granted or not, and in the case of any reserve made under the authority of section three hundred and twenty-one of " The Land Act, 1908," if in the opinion of the Governor it is expedient to change the purpose for which such reserve was set apart to any other purpose, or to exchange any of the land comprised in such reserve for other land of equal value to be dedicated to one or more of the purposes comprised in the said Class II, the Governor may, by notice gazetted, make such change, exchange, or dedication, as the case may be, and in such notice declare the manner and terms thereof, subject to the action of Parliament as hereinafter mentioned.

7. (1.) Every notice by the Governor under the two last preceding sections shall be gazetted during four consecutive weeks, and shall within ten days of the first publication thereof be laid before Parliament if sitting, or if not, within ten days after the commencement of the next ensuing session.

(2.) If either House of Parliament during such session declares by resolution that such House does not assent to any such definition of

Governor may, after Gazette notice, define purpose of reserves not in Class I. Ibid, sec. 5

Governor, after Gazette notice, may exchange or change purpose of reserves in Class IL Ibid, sec. 6

Proposed change to be subject to assent of Parliament Ibid, sec 7

Public Reserves and Domains. [No. 156. 789

purpose, change, exchange, or dedication, then no further action shall be taken in the matter.

(3.) If no such resolution is passed by either House, then, from and after the termination of the then session of Parliament, such definition of purpose, change, exchange, or dedication, as the case may be, in accordance with the terms of such notice, shall be valid and effectual for all purposes whatsoever.

(4.) The Governor shall notify in the Gazette the action of Parlia-ment in respect of any such reserve, as the case may require.

8 . No change shall be made in the dedication of any public change of reserve made or set apart for any of the purposes comprised in resOT™Tin0ciass in Class III, except by special Act in that behalf or as hereinafter only by special Act. provided by this Act. * issi, No. 15, sec. 8

9 . For the purpose of giving full effect to any Order in Council as Governor may issue hereinbefore provided, the Governor may issue such grants, and execute g ^ 8 and execute such deeds, assurances, and instruments, as the circumstances of each ibid, sec. 9 case require, and may antevest the legal estate as he thinks necessary or advisable.

10 . Any instrument signed or purporting to be signed by the Gazette to be Governor, and purporting to define the purpose of or to change, exchange, bllngXi^mad? oT or dedicate any reserve or part thereof in pursuance of any such Order changed, &c. in Council, and any notification in the Gazette to the purport aforesaid, Ib id 'sec-10 shall be conclusive evidence that such definition, change, exchange, or dedication, as the case may be, is duly and lawfully made.

11 . Notwithstanding anything to the contrary in this Act, the Governor may Governor, by notification in the Gazette, may declare that any land S ^ V ^ n t o 1 1 comprised within a reserve in Class I or II which has not been vested reserve in class H I . in trust in any society, body corporate, or Trustees shall, from a date 1889> No- 24> 2 to be specified in the said Gazette, be appropriated for the purposes of a reserve under that part of Class III which relates to "Reserves for Education, Charitable Purposes, and Recreation," and thereafter the law affecting reserves in the said Class III shall apply to any land so appropriated as aforesaid.

12 . (1.) The Governor may, in the name and on behalf of His Exchange of lands. Majesty, exchange with any person or body corporate the whole or any Ibid>sec-3 portion of any public reserve in Class I, II, or III for any other land which the Governor deems of equal value therewith and more suitable for the purposes of the reserve ; and the Governor and any such person or body corporate may do or cause to be done all such acts and things, and make, sign, or execute all such instruments, as may be necessary to effectuate any such exchange.

(2.) All land obtained in exchange by His Majesty or by any person or body corporate as aforesaid shall be held by His Majesty or by such person or body corporate respectively for the same objects and purposes and on the same trusts (if any) as the land given in exchange by His Majesty or by such person or body corporate was held.

(3.) Where the estate in any public reserve is vested in any local body, or the control and management thereof is vested in any local authority, no such exchange shall be made or carried into effect without the written consent of the local authority representing such local body, or in whom such control and management is vested, for that purpose first had and obtained.

790 .1908.] Consolidated Statutes.

Ufa: its may be registered under Land Transfer Act. 1881, No. 15, sec. 11

Memorial of trusts may be registered with grant. Ibid, sec. 12

Grantees to hold reserve upon trusts mentioned in grant. Ibid, sec. 13

If trusts changed, revoked, or altered, memorial of same to be made in register-book. Ibid, sec. 14

Reserves not to be dealt with except according to trusts. Ibid, sec. 15

Reserves for municipal purposes valid. Ibid, sec. 16

Reserves granted to boroughs to be property of borough under fresh incorporation. Ibid, sec. 17

Grants of Reserves.

1 3 . Every Crown, grant of a public reserve heretofore or hereafter issued or made may be registered under " The Land Transfer Act, 1908," notwithstanding that the trusts of such reserve are expressed or referred to in the Crown grant; and every such Crown grant already registered under " The Land Transfer Act, 1908," shall, notwithstanding such expressions of trust, be deemed duly registered.

1 4 . Where a grant registered under " The Land Transfer Act, 1908," does not contain or have expressed therein the trusts of such reserve, and the trusts to which such reserve is to be dedicated have been declared by any Order in Council as hereinbefore provided, the Governor may, by notice in writing, direct the District Land Registrar to indorse on the folium of the register-book constituted by such grant, and on the duplicate thereof if produced to him for that purpose, a memorial of the trusts of such reserve as expressed in such notice ; and the trusts so indorsed shall be deemed the trusts of such reserve, and such trusts shall be deemed as valid and effectual as if set forth in the grant itself.

1 5 . Every grantee or other person in whom any public reserve is granted or vested as aforesaid shall, notwithstanding registration under " The Land Transfer Act, 1908," hold such public reserve unto him, and his successors and assigns, upon the trusts expressed or referred to in the grant or indorsed thereon.

1 6 . (1.) If after registration of the grant such trusts are legally changed, revoked, or altered, the District Land Registrar shall, upon being satisfied thereof, enter in the register-book, and also upon the duplicate Crown grant if the same can be obtained for that purpose, a memorial of the particulars of such change, revocation, or alteration, and the authority whereby such change, revocation, or alteration has been effected, and the day and hour of such entry in the register-book.

(2.) From and after such entry, the land the subject thereof shall be discharged from the original trusts, or such of them as have been changed, revoked, or altered, and shall be held by the grantee, his successors and assigns, upon the substituted trusts (if any) as if such trusts had been originally expressed in the grant.

1 7 . No District Land Registrar shall, without special authority of law, register or otherwise give effect under " The Land Transfer Act, 1908," to any dealing with any public reserve except in conformity with the trusts upon which such reserve is held for the time being.

1 8 . All reserves made previous to the eighth day of December, one thousand eight hundred and seventy-seven, for the endowment of Municipal Corporations, or generally for municipal or other public pur-poses for any town not being a borough at the time of making such reservation, shall nevertheless be valid, and shall be granted to or vested in the corporate body of such town whenever the same becomes incor-porated.

1 9 . All reserves granted or vested previous to the day last aforesaid in the corporate body for the time being of any borough which may have been or may become incorporated afresh under the provisions of an enactment other than that under which such borough was originally incorporated shall be deemed to be vested for the same purposes, and no other, in the corporate body of the said borough under its new

Public Reserves and Domains. [No. 156. 791-

incorporation, without any deed or instrument of conveyance or transfer.

2 0 . Where any land has, previous to the day aforesaid, been Reserves outside lawfully set apart, reserved, or acquired for municipal purposes for borough may be «/ jt 7 7 j. j r j r j T granted to borough. any borough outside the limits of such borough, the same shall be granted 1881> No. 15j sec. ig to or vested in the corporate body of such borough, anything to the contrary in any Act relating to counties or to municipal corporations notwithstanding.

2 1 . All reserves made for the use or endowment of a borough, or Reserves granted to town not being a borough, or for the recreation of the inhabitants thereof bXughTtob^f°r respectively, and which were granted to the Superintendent of a granted to boroughs. Province, and became vested in His Majesty under " The Abolition Ibid '8ec-19 of Provinces Act, 1875," shall be granted to the corporate body of such borough or town respectively in trust for the same purposes for which such reserves were respectively held at the passing of " The Public Reserves Act, 1881."

Alienation of Reserves. 2 2 . (1.) All local bodies or Trustees to whom any reserve Reserves, in some

is granted, or in whom any reserve is vested, shall in respect of such fort ienty-one years, reserve have the same rights, powers, and duties as a Commissioner of Ibid, sec. 20 Crown Lands has in respect of Crown lands.

(2.) In respect of any reserve and any racecourse they may lease the same or any portion thereof for any term not exceeding twenty-one years, for such rent and on such terms as they think fit:

Provided that every such lease shall be disposed of either by public auction or by public tender, as the lessors in each case think fit.

(3.) This provision of leasing reserves shall not apply to any reserve made for any purpose of public health or recreation.

(4.) Nothing in this section shall be deemed to annul or derogate from the powers of County Councils to lease ferry reserves on special conditions under section one hundred and sixty-five of " The Counties Act, 1908."

23 . The powers granted to any local body by this Act shall Exercise of powers be exercised by the governing authority of such local body in like ^ c a l b°dy' 1 • , -I • • • . •i lDlCl, SGC. manner as such governing authority may exercise any other power on behalf of such local body. «

24 . All powers of the Governor under the provisions of any Act Leases of mineral relating to mining to grant mineral leases or licenses of land containing jointed be or supposed to contain minerals other than gold may be exercised by the Governor. Governor in respect of all public reserves not granted or otherwise alien- Ibid'8ec- 22 ated from the Crown, but subject to the conditions contained in any such Act aforesaid.

2 5 . Where any reserve is not for the time being required for the Reserves not specific purpose for which the same was originally made, or is only immediate use may partially required for such purpose, the Governor may lease such reserve be leased for or any part thereof on such terms and conditions as he thinks fit: ibidT^^B*"'

Provided that every such lease shall be disposed of by public auction or public tender, and shall not be for a longer term than fourteen years.

2 6 . All reserves at any time made for any purpose of public health Recreation reserves r»r r p p r p a t i o n m a y b e b r o u 8 h t or recreation , , under Part II or

(a.) May by Order in Council be brought under the operation of granted to Trustees, and declared to be subject to the provisions of Part I I of this ibid, sec. 24 J r 1885, No. 29, sec. 3

792 .1908.] Consolidated Statutes.

License to occupy reserves temporarily. 1881, No 15, sec. 2o

Act, and such reserves shall thereafter be managed, adminis-tered, and dealt with as public domains accordingly ; or

(b.) May be vested in or^granted to any local body, Trustees, or other persons.

Temporary Occupation of Reserves. 2 7 . Licenses may be granted to occupy for pastoral purposes, or

for the purpose of cutting, felling, and removing timber or flax, any reserve or part of any reserve, if not required for immediate or early use for the purposes for which it is reserved,—

(a.) By the Land Board within whose jurisdiction the reserve is situate, in the case of reserves vested in His Majesty ; or

(b.) By the Governor, or by such fit persons as he approves to have the control and management of such reserve, in the case of reserves not granted or vested in any particular manner :

Provided as follows :— (c.) Every such license shall be surrendered to the Governor on

demand at any time after notice of not less than twelve months, without any right to compensation on any account whatever accruing to the licensee :

(d.) No such license shall be granted until a survey has been made of the land applied for to the satisfaction of the Governor, who may require the applicant to have such survey made at his own expense, the cost of such survey as fixed by the Governor to be repaid to the person having it made, out of the first rent received for the land so surveyed :

(e.) Nothing in any such license shall affect the right of the Governor to take any part of the lands therein mentioned for the construction of roads, railways, or tramroads through the said land to an extent not exceeding one-twentieth part of such land ; and such right may be exercised by the Governor at any time during the currency of the license, and the licensee shall have no claim for compensation except a reduction in his rent in proportion to the extent of land taken.

Powers of Commissioner of Crown Lands. Powers in relation to 2 8 . The Commissioner of Crown Lands for the land district within granted oTvesteTin which any public reserve not granted to or vested in any local body,

Trustees, or other persons is situate shall have and exercise over such public reserve all the rights, powers, duties, and functions which he has over Crown lands; and, in addition, the foliowingjprovisions shall be in force :—

(a.) Where any person without right, title, or license is jn occupa-tion of such public reserve as aforesaid, the Commissioner, or any person appointed by him, may enter a plaint in the Magistrate's Court in or nearest to the locality kin which the reserve or any part lies to recover possession thereof.

(b.) If on the hearing the defendant does not appear, or appears but fails to establish in himself an absolute right and title to the possession, the Court may order him to give up pos-session and to pay costs.

License to be surrendered on demand.

Survey to be made before license granted.

Land in license may be taken for roads.

Trustees, &c. Ibid, sec. 26

Public Reserves and Domains. [No. 156. 793-

(c.) If possession is not given pursuant to such order, the Magis-trate or any Justice may issue a warrant requiring the bailiff of the Court, or any constable, to give possession of such land to the plaintiff.

(d.) The provisions of sections one hundred and seventy-five, one hundred and eighty, and one hundred and eighty-one of " The Magistrates' Courts Act, 1908," shall apply to any proceedings under this section.

(e.) Every person who without right, title, or license allows any cattle, horses, or other animals to trespass on any such public reserve as aforesaid, or who without right, title, or license fells, removes, or sells any timber growing or being thereon, or otherwise unlawfully trespasses on such public reserve, is liable to a fine not exceeding fifty pounds, recoverable in a summary way.

(/.) No person shall be convicted under the last preceding paragraph except on the information of the Commissioner aforesaid, or any person appointed in writing by him.

Recreation-grounds.

29 . (1.) The Trustees having the control of any reserve set apart Powers of Trustees as a recreation-ground— ^rdeatUM1"

(a.) May lease the reserve for any period not^exceeding three 1886t 29, sec. 4 years for the purpose of having the same fenced in or laid To lease reserve, down in artificial grass:

(6.) May enclose the reserve or any part thereof which it may at To enclose for any time be found necessary or desirable to plant, improve, PIanting> &c-or lay down or renew in artificial grasses :

(c.) May prohibit the public from entering or encroaching on any part of the reserve so planted, laid down, or renewed; but otherwise shall not make any disposition of the reserve whereby the public are excluded from free access thereto, except on certain days, not exceeding ten în any year, as hereinafter mentioned:

(d.) May prescribe, as to not more than ten days in any year, as To charge for they think fit (other than Sundays, Christmas Day, and ^SThan te/dlys Good Friday), that the public shall not be entitled to have in the year, admission to the reserve, or to any part thereof set apart for a particular purpose, unless on payment of a charge as hereinafter mentioned:

(e.) May grant the exclusive use of the reserve or any part thereof, To grant exclusive on any oneRor more of the aforesaid ten days, but not for use of reserve for

.. 1 J . —„ sports, matches, &c. more than three days consecutively at any time, tojTany person, body, or society (incorporate or not) for the purpose of particular sports, games, or other recreation, with autho-rity for such person, body, or society to demand a fee or charge for admission on such day or days to the reserve or part thereof so granted, not in any case exceeding for each day one shilling for each person, with an extra shilling for every horse or vehicle which he takes with him, unless

' such person desires to obtain admission to the stand hereinafter mentioned, in which case an additional fee or

794 .1908.] Consolidated Statutes.

To authorise erection of stand.

To regulate the use of reserve for games.

To make by-laws for management.

No charge to be made unless pre-viously advertised. 1885, No. 29, sec. 5

Ibid, sec. 6

Ibid, sec. 2

Trustees may make regulations for management of racecourses. Ibid, sec. 7

charge not exceeding ten shillings may be imposed prior to his obtaining admission to such stand:

(/.) May erect or authorise any person, body, or society (incorporate or not) to erect on some portion of the reserve buildings for ornamental purposes, or a stand or pavilion, on such terms as to plans, size, situation, custody, and otherwise in all respects as the Trustees determine, and may appoint the mode and price of admission to any such stand or pavilion on any of the days hereinbefore mentioned :

(g.) May prescribe the games which may be played in the reserve or any part thereof, and regulate the use of the reserve for such games ; and may prohibit the playing of any games at times when the reserve would be thereby damaged, and'prohibit altogether the playing of any particular game therein:

(h.) May from time to time make by-laws or regulations for the management of the reserve and for the preservation of order therein; all which by-laws and regulations shall be pubhcly notified by advertisement in some newspaper circulating in the district, and by being posted on some conspicuous place in the reserve, so that they may be easily read.

(2.) No person shall be required to pay any fee or charge for admission on any day when the reserve or any part thereof is specially set apart as aforesaid, unless public notice of the reserve being set apart on such day, and of the prices to be charged for admission thereto or to the stand, has been advertised in some newspaper circulating in the district where the reserve is situate twice a week at least for two successive weeks prior to the said day.

(3.) Every person who enters the said reserve or stand on any day so fixed without having paid the fee or charge advertised is liable to a fine not exceeding one pound, which may be recovered in a summary way.

(4.) For the purposes of this section— " Reserve" means a public reserve as defined in section two

hereof, and includes any land, whether Crown land or not, bought or otherwise acquired in any manner by any Trustees and set apart as a recreation-ground:

" Trustees" means the local authority, Board, Trustees, or other persons, howsoever designated, who have the control of a reserve set apart recreation-ground.

Racecourses. 3 0 . (1.) The Trustees having the control of any racecourse reserve

may from time to time make regulations— (a.) For regulating their own proceedings : (b.) For excluding the public from such parts of the reserve as it

may be found necessary and desirable to plant, improve, lay down, or renew in artificial grasses:

(c.) For prescribing the conditions on which the public shall be permitted to have access to the racecourse on any day when the same is used for racing purposes, and for regulating

Public Reserves and Domains. [No. 156. 795-

the price for admission of persons to the reserve or to any stand erected thereon, and for the admission of horses and vehicles to the racecourse on such occasions:

(eZ.) For appointing the terms, conditions, and dates on which the Jsf] racecourse may from time to time be used by any racing or ili jo ckey club as hereinafter provided: \e.) For regulating the charges that may be made for the occu-

pation of the racecourse for the erection of booths or stalls for the sale of refreshments, merchandise, goods, or chattels :

(/.) For the preservation of order on the racecourse during race meetings.

(2.) The racecourse shall be available to any racing or jockey club clubs may use for the purpose of holding race meetings, on such terms and conditions certaî conditions. as are from time to time publicly advertised by the Trustees,. and at 1885, No. 29, sec. 8 such dates as they in every such case appoint:

Provided that such racing or jockey clubs shall consist of not less than fifty members, who have each paid an annual subscription of not less than one pound per annum towards the funds of such club.

(3.) The Trustees may from time to time lease, at such rent and Trustees may lease on such conditions as they think reasonable, the whole or any part of racecourse reserve, the reserve, for any term or terms of years not exceeding seven years at Ibld 'sec ' 9 any one time, and on conditions not inconsistent with the purposes of the racecourse.

(4.) All moneys received by the Trustees as the rents, issues, and Proceeds of profits of the racecourse shall, after deducting therefrom all necessary racecolir;f.to be 1 ' o J GXDGHQGu lH expenses incurred in the management thereof, in which may be improvements and included the cost of fencing, and the erection of an ornamental for r a c l n g purposes, stand or pavilion thereon, be applied in and towards the cultivation 1 'sec ' and improvement of the reserve, and in rendering any part thereof that may be set apart as a racecourse suitable for that purpose, and in discharging any liabilities incurred for the said purpose.

(5.) The Trustees shall keep accurate accounts of all sums of money Trustees to keep received for rents, issues, and profits on account of the. reserve, and of all costs, charges, and disbursements in connection with the manage-ment and maintenance thereof, and on the thirty-first day of March in every year, or within one week thereafter, shall prepare accounts and a balance-sheet, showing their receipts and disbursements during the previous year, and their actual financial state on the thirty-first day of March in that year; and such accounts and balance-sheet shall be forwarded to the Controller and Auditor-General, who may direct the balance-sheet to be published in some newspaper circulating in the district wherein the reserve is situate.

(6.) For the purposes of this section— ibid, sec. 2 " Reserve" means a public reserve as defined in section two

hereof, and includes any land, whether Crown land or not, bought or otherwise acquired in any manner by any Trustees and set apart as a racecourse :

" Trustees" means the local authority, Board, Trustees, or other persons, howsoever designated, who have the control of a reserve set apart as a racecourse.

796 .1908.] Consolidated Statutes.

In ter pr station. 1881, No. 26, sec. 2

Certain lands subject to this Part of Act. Ibid, seo. 3

Lands derelict subject to Act.

Governor may-manage and administer lands. Ibid, sec. 4 Lay out lands.

Dedicate ground for specific purposes.

Treat for purchase of any lands.

Sot apart land for squares, &c.

Lay out foot and carriage ways.

Make, stop up, and alter bridges, &c., and make approaches.

P A R T I I .

P U B L I C D O M A I N S .

3 1 . In this Part of this Act, if not inconsistent with the context,— " Public domain " or " domain " includes any lands declared to

be subject to the provisions of this Part of this Act.

Lands subject to this Part of Act.

3 2 . (1.) All lands that on the coming into operation of this Act were subject to the provisions of " The Public Domains Act, 1881," and lands which are hereafter set apart under any Act or with lawful authority by the Governor for the purposes of this Part of this Act, are hereby declared to be Crown lands subject to the provisions of this Part of this Act, and mayT)e managed^ administered, and dealt with by the Governor in manner hereinafter set forth.

(2.) All other land derelict on the borders of or within the boundaries of the aforesaid lands, or any of them, shall from time to time be and shall remain Crown lands subject to the provisions of this Part of this Act, as fully and effectually as if the same had been mentioned in the First Schedule to " The Public Domains Act, 1881."

Administration.

3 3 . The Governor may manage and administer all such lands, and may exercise all or any of the powers following :—

(a.) Lay out, enclose, and plant the same, or any of them, and build any lodge, museum, or other ornamental building thereon, and in such manner as he thinks fit:

(b.) From time to time set apart and dedicate any part of the said lands for any specific purpose of public amusement or recreation, and permit the use thereof upon such terms and conditions as he thinks fit, and may annul any such setting-apart and dedication:

(c.) Treat* and agree for the purchase, exchange, or lease of any tenements and hereditaments he deems necessary for the purposes of this Part of this Act or for the improvement of the said lands, and enter into any contract he thinks fit; and all tenements and hereditaments so agreed to be purchased shall be conveyed to His Majesty, to be subject to the provisions of this Part of this Act :

(d.) Appropriate any part of the said lands for squares, gardens, or open places, and leave any part thereof for yards or courts to be attached to any houses agreed to be leased, as he thinks fit:

(e.) Cause such parts of the said lands to be laid out for carriage-ways and such parts thereof for footways as he thinks proper:

(/.) From time to time make, stop up, divert, widen, or alter any bridges, ways, or watercourses in, upon, through, across, or over any part of the said lands, subject to the payment of compensation for damage thereby to adjacent lands :

Public Reserves and Domains. [No. 156. 797-

(g.) Do any other thing which may be requisite for the proper and General powers, beneficial management and administration of the said lands or any part thereof.

3 4 . The Governor also may,— Governor also (a.) When and as he thinks fit, in the name and on behalf of His ^thereof63,868'

Majesty, lease any of the said lands for such consideration iss'i, No. 26, sec. o in money or otherwise to such persons, for such period not exceeding twenty-one years, subject to such rents or conditions, and in such manner and form as he from time to time thinks fit:

Provided that no portion of any domain used for public 1903, No. 79, sec. 3 recreation shall be leased for building purposes :

(b.) Accept any surrender of any lease granted : Accept release, (c.) In the name and on behalf of His Majesty, execute all deeds Execute deeds,

and assurances necessary for effectually executing the powers conferred on him by this Part rof this Act ; and such deeds and assurances shall be valid and effectual against His Majesty and all persons claiming under him.

3 5 . The Commissioner of Crown Lands for the land district within Provisions in relation which any public domain not under the control of any Domain Board ^domain*0 ' is situate shall have and exercise over such public domain all the rights, 1881 No 2e, sec. 6 powers, duties, and functions which such Commissioner has over Crown lands; and, in addition, the provisions of section twenty-eight hereof shall, mutatis mutandis, be in force with respect to such domain.

3 6 . The natural bush on any domain or reserve set apart for the Bush to be purposes of public recreation shall not be cut or destroyed without the approval of the Governor in Council being first obtained. 1903, No. 79, sec. 4

moneys. 1881. No. 26, sec. 7

Moneys.

3 7 . All moneys received under or by virtue of this Part of this Application of Act, or in any other manner howsoever, in respect of the lands from time to time subject to the provisions of this Part of this Act shall be applied in managing, administering, and improving the lands in respect of which the moneys were received, and generally towards carrying into execution the purposes and objects of this Part of this Act.

By-laws.

3 8 . The Governor may from time to time, by Order in Council By-laws may be , , -i - , n , , j • i i i x made for certain

gazetted, with respect to any domain make by-laws lor— purposes. (a.) The management, preservation, and disposition thereof, or any ibid, sec. 10

part thereof; (6.) The government, and control of all persons, horses, carriages,

and vehicles using or frequenting the same ; (c.) Regulating the time of their admission and exclusion ; (id.) The depasturing of cattle thereon ; (e.) The preservation of plants and animals therein ; (/.) The exclusion of dogs or any other animals therefrom, and their

destruction if intruding therein ; (g.) The prevention of any nuisance ; and (h.) Generally regulating the use of the domain. 3 9 . (1.) Such by-laws shall be painted on boards, or printed on By-laws to be made

paper and pasted on boards, and hung up or affixed and continued at fo beCbindighere°n Ibid, sec. 1J

798 .1908.] Consolidated Statutes.

Appointment of Board. 1904, No. 4, sec.

Vacancies. Jbid, sec. 3

Ordjnary and annual meetings. Ibid, sec. 4

Chairman. Ibid, sec. 5

one or more of the principal entrances into the domain, so as to give notice thereof to the public; and such boards shall from time to time be renewed as often as the by-laws thereon or any part thereof are obliterated or destroyed.

(2.) Such by-laws, when so published and affixed, shall be binding on and be observed by all persons, and shall be sufficient to justify all persons acting under the same; and for proof of the making, publica-tion, and affixing of such by-laws it shall be sufficient to prove that a printed copy or painted board containing a copy of such by-laws was affixed and continued in manner by this section directed, and in case of its being afterwards displaced or damaged, then that such paper or board was replaced as soon as conveniently might be.

Domain Boards.

4 0 . (1.) With respect to any public domain the Governor may from time to time, by Order in Council gazetted, appoint such persons (not exceeding nine) as he thinks fit to be a Domain Board having, subject to this Part of this Act, control of such domain.

(2.) The Governor may in like manner remove any person so appointed, or revoke any such Order in Council.

(3.) Subject to the last preceding subsection, every member of a Domain Board shall remain and continue in office for the term of seven years from the date of appointment, but no longer.

(4.) In the case of now existing Boards the current term of office of the members shall be computed from its commencement.

(5.) Any person may be reappointed as a member of a Domain Board.

4 1 . Where any member of the Board dies, or resigns, or is removed by the Governor in Council, or becomes of unsound mind, or is absent from three consecutive ordinary meetings without the consent of the Board, his seat shall become vacant, and the Governor in Council may appoint some fit person to be a member in his place :

Provided that where any member of the Board is appointed in virtue of any office, he shall vacate his seat on quitting such office, and be replaced by his successor in office without any further appointment.

4 2 . (1.) The Board shall meet for the transaction of its business on such day and at such place as may from time to time be fixed by the Board, and not more than three months shall elapse without a meeting being held.

(2.) The first meeting shall be held at a time and place specified by the Governor by Order in Council.

(3.) An ordinary meeting shall be held in the month of February in each year, and shall be the annual meeting.

(4.) Three members of the Board shall constitute a quorum. (5.) Any meeting may be adjourned from time to time. 4 3 . (1.) At the first meeting of the Board, and at every annual

meeting thereafter, the members present shall elect one of their number to be Chairman until the next succeeding annual meeting.

(2.) The Chairman shall preside at all meetings of the Board at which he ' is present, and shall have a deliberative as well as a casting vote.

Public Reserves and Domains. [No. 156. 799-

(3.) At any meeting at which the Chairman is not present the members present shall choose one of their number who is present to be chairman, and the member so chosen shall at that meeting have all the powers of the Chairman.

(4.) On the occurrence of any vacancy in the office of Chairman the members of the Board shall elect one of their number to be Chairman, who shall hold office until the next succeeding annual meeting.

4 4 . A special meeting of the Board may at any time be convened Special meetings, by the Chairman or by any two members : 1904, No- 4 'sec- 6

Provided that not less than seven clear days' notice of the meeting and of the business to be transacted thereat shall be given to each member, and no business other than that specified in the notice shall be transacted at such meeting.

4 5 . (1.) The Board shall prepare and submit at each annual meet- Annual report, ing a report of its proceedings for the previous year ending on the Ibld'8ec- 7 thirty-first day of December, together with a statement of its receipts and expenditure for that year.

(2.) Every such statement shall be audited by the Audit Office, which for that purpose shall have and may exercise all such powers as it has under " The Public Revenues Act, 1908," in respect of public moneys.

(3.) A copy of such report and statement, certified by the Chair-man as correct, shall, within one month after each annual meeting, be forwarded to the Minister of Lands.

4 6 . The Board, in respect of the domain for which ft was appointed, Powers of the shall have and may exercise all the powers conferred by sections ^ r d s ' e 8 thirty-three and thirty-eight hereof on the Governor, and also all the rights, powers, duties, and functions vested in the Commissioner of Crown Lands by this Part of this Act.

4 7 . In lieu of appointing any persons to be a Board as aforesaid, Local authority may the Governor may from time to time, by Order in Council gazetted, BoardP°mted the appoint any local authority to be the Board, in which case the Mayor Ibid, sec. 9 or Chairman of the local authority for the time being shall be Chairman of the Board.

4 8 . With respect to by-laws made by a Board under section thirty- By-laws made by eight hereof the following provisions shall apply :— fgsT^o. 26, sec. 10

(a.) If the Board is a local authority, the by-laws shall be made in the same manner as that in which such local authority is

* authorised by law to make by-laws. (b*) If the Board is not a local authority, the by-laws shall be made

by resolution of the Board, and shall have the seal of the Board affixed thereto (if the Board is a corporate body), or (if not a corporate body) shall be signed by the Chairman and one other member of the Board.

4 9 . Where a local authority is the Domain Board, or where any Local authority may member of a local authority is ex officio a member of the Domain ^ ^ w T ™ E°ard Board, the local authority may apply any part of its ordinary 1904> No> 4; sec- 10 funds towards the management, improvement, and maintenance of any lands under the control of the Domain Board, notwithstanding that such lands may be situate outside the district of such local authority.

800 .1908.] Consolidated Statutes.

Penalties. 1881, No. 26, sec. 15

Constable, &c., may interfere to prevent damage, &c. Ibid, sec. 16

Member of Board 5 0 . No member of a Domain Board shall become the lessee of not to be lessee. a n y i a n ( j u n ( j e r the control of the Board without the express consent 1904, No. 4, sec. 11 ^ ^ ^ q | ^ M i n i g t e r Q f L a n d S f

Offences. 5 1 . (1.) Every person who offends against any by-law made under

this Part of this Act is liable to a fine not exceeding five pounds. (2.) If any breach or non-observance of any such by-law is

attended with danger, hindrance, or annoyance to the public, or to any person being lawfully in the domain, any constable, or any person employed in the domain, may summarily interfere to obviate or remove such danger, hindrance, or annoyance, and that without prejudice to any liability to fine incurred by the breach or non-observance of any such bv-law.

5 2 . Every person who does or attempts to do any of the following things upon or within the boundaries of any domain without the license of the Governor, or Board or other authority having the control of such domain, is liable to a fine over and above the damage done not exceeding twenty pounds :—

(a.) Lights a fire: (6.) Wilfully breaks a fence or any part of a fence, or enters the

domain by any other than an authorised entrance : (c.) Wilfully breaks or cuts a tree or plant: (d.) Wilfully digs or cuts the sod : (e.) Shoots at any bird or animal with gun or other instrument: (/.) Wilfully takes away, destroys, or injures any bird or animal

being in the domain, or any egg of any bird : (g.) Takes away any wood, shrub, plant, or other thing. 5 3 . All fines under this Part of this Act may be recovered in a

summary manner, and shall |be paid into the Public Account, and shall be applied as other moneys under this Act are directed to be applied by section thirty-seven hereof.

Offences. Ibid, sec. 17

Recovery and appli-cation of fines. Ibid, sec. 18

Existing delegates deemed Boards. 1904, No. 4, sec. 12

Delegates under Former Act. 5 4 . In every case where under the provisions in that behalf of

" The Public Domains Act, 1881," persons have been appointed delegates of the Governor in respect of any domain, and are in office on the coming into operation of this Act, such delegates shall be deemed to be a Domain Board under this Part of this Act, and every member thereof now in office shall, subject to the provisions of this Act relating to Boards, continue in office until the expiry of the period for which he was appointed delegate, or if he was not appointed for any specified period, then until the expiry of seven years from the twenty-sixth day of August, one thousand nine hundred and four (being the date of the coming into operation of "The Domain Boards Act, 1904").

Public Reserves and Domains. [No. 156. 801-

SCHEDULES.

FIRST SCHEDULE.

ENACTMENTS CONSOLIDATED.

1881, No. 15.—" The Public Reserves Act, 1881." 1881, No. 26.—" The Public Domains Act, 1881." 1885, No. 29.—" The Public Reserves Act 1881 Amendment Act, 1885." 1889, No. 24.—" The Public Reserves Act Amendment Act, 1889." 1903, No. 79.—" The Public Domains Act Amendment Act, 1903." 1904, No. 4.—" The Domain Boards Act. 1904."

S E C O N D S C H E D U L E .

CLASSIFICATION OF RESERVES.

CLASS I .

Reserves for County, Local, and Municipal Purposes.

Sections 2, 3. 1881, No. 15, First Schedule.

ABATTOIRS. Acclimatisation. Agricultural and pastoral societies. Aqueducts and watercourses. Baths. Bridges. Canals. Cattle-yards. Cemeteries. Drains and watercourses. Embankments. Ferries. Gravel-pits. Growth and preservation of timber. Improvement and protection of rivers. Internal communication by land or water. Irrigation purposes.

Landing-places upon rivers and lakes. Libraries. Mechanics' Institutes and Athenaeums. Plantations. Police-stations and purposes. Provincial Government purposes. Public buildings, and other objects for local

governing bodies. Public pounds. Quarries. Reservoirs. Sewage purposes. Sites of markets. Supply of water to towns. Turnpikes. Wash-houses. Water-races and canals.

CLASS I I .

Reserves for Public Works and General Purposes.

Commonages on goldfields and elsewhere. Railways and stations. Courthouses. River-frontage reserves. Drill-sheds and rifle ranges. Shearing reserves, and for travelling stock. Fisheries. Telegraphs. Gaols or prisons. Tramways. Museums. Any other reserve not herein defined, and Public buildings of the General Govern- made for any purpose of public safety,

ment. utility, advantage, or enjoyment, Quarantine grounds for stock and otherwise.

IV—51,

802 . 1908.] Consolidated Statutes.

CLASS I I T .

Reserves for Harbours and Navigation, and Miscellaneous Purposes. Coal reserves. Docks. Foreshore reserves. Landing-places. Lighthouses.

Quays. Reserves for improvement of harbours. Reserves for military purposes and defence. Signal-stations.

Reserves for Education, Charitable Purposes, and Recreation. Asylums. Parks and domains. Charitable institutions. Public gardens. Colleges. Recreation reserves. Endowments for education. Reformatories. Endowments for universities. Sites and grounds for schools. Hospitals.

Native Reserves. Reserves for the use, support, or education of aboriginal Natives.