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Scanned Using the Fujitsu 6670 Scanner and Scandall Pro Ver 1.7 Christchurch City Council (Lancaster Park) Land Vesting Bill Local Bill Explanatory note General policy statement The purpose ofthis Bill is to facilitate the redevelopment ofLancaster Park as a modern sports stadium for the future. Lancaster Park opened in 1881 and has been the venue for many im- portant sporting moments in Canterbury's history. From its opening until the First World War, the Park was owned by a private company. In 1919 Parliament passed the Victory Park Act which vested title to the land at Lancaster Park in the Crown to be used for cricket, rugby and other sports, amusements, entertainments, and events. The Act recorded that Lancaster Park was to be held in trust for those purposes in commemoration ofthe Canterbury soldiers who died in the service of New Zealand in the First World War. The Act established the Victory Park Board to control and manage the Park. Although the Act was called the Victory Park Act, the Park continued to be known in Canterbury and New Zealand by its original name of Lancaster Park. In 1997 it was realised that the facilities at Lancaster Park were not coping with demands. The public and sporting codes were increas- ingly demanding better facilities that were more appropriate to the 21 st Century. With the international growth of rugby and cricket in the 1990s, it became apparent that only facilities of a high standard 196--1 Christchurch City Council (Lancaster 2 Park) Land Vesting Bill Explanatory note would be used by those sports. Retention ofbig sporting matches has an important and beneficial economic effect for Christchurch City and the Canterbury Province. Redevelopment of the Park to meet the public and sporting demands is beyond the financial resources of the Victory Park Board. It is expected that the redevelopment of the Park, when completed, will provide economic benefits to the Canterbury economy in excess of $2OM per annum. In return for the Council agreeing to fund the necessary redevelopment of the Park, the Board has agreed to hand over its assets to the Council. The Board will then go out of existence. The Bill gives effect to that agreement. In 1998 Parliament enacted the Ngai Tahu Claims Settlement Act. Under that Act Te ROnanga O Ngai Tahu has right of first refusal to purchase the land in Schedule 1 from the Crown. Te Ronanga O Ngei Tahu has agreed, in the interests of the Christchurch community, to consent to the promotion of this Bill and the deferral of its rights under the 1998 Act. Redevelopment of the Park into a world class sports arena is underway. When fully redeveloped, the Park will attract significant international and national fixtures, and in doing so will enhance the Christchurch, Canterbury and South Island economy. Clause by clause analysis Clause 1 is the Title clause. Clause 2 is the commencement clause. The Bill is to come into force on the day after the date on which it receives the Royal assent. Clause 3 sets out the purpose of the Bill. Clause 4 defines terms used in the Bill. Clause 5 vests Lancaster Park in the Christchurch City Council, and frees the land vested in the Crown from the trusts imposed by the Victory Park Act 1919. Clause 6 requires the Christchurch City Council to hold Lancaster Park land on certain trusts. Clause 7 gives the Christchurch City Council power to grant leases or licences of, or let, any part of the Lancaster Park land. Clause 8 provides for the application ofNgai Tahu Claims Settlement Act 1998. Christchurch City Council (Lancaster Explanatory note Park) Land Vesting Bill 3 Clause 9 dissolves the Victory Park Board and vests its property, rights, and liabilities in the Christchurch City Council. Clause 10 continues the Victory Park Board for the limited purpose of completing its financial reporting obligations. Clause J J provides that the vesting of land and property is not subject to the Estate and Gift Duties Act 1968 and the Goods and Services Act 1985. Clause 12 authorises the Registrar-General of Land to make such entries in the Land Transfer registers as is necessary to give effect to the Bill. Clause 13 repeals the Victory Park Act 1919. Tim Barnett Christchurch City Council (Lancaster Park) Land Vesting Bill Local Bill Contents Page 1 Title 2 2 Commencement 2 Preliminary Provisions 3 Purpose 2 4 Interpretation 2 Vesting of Lancaster Park Land in Council 5 Land vested in Council 3 6 Council to hold land on certain trusts 3 Council's powers in relation to land 3 8 Application of Ngai Tahu Claims Settlement Act 1998 4 Dissolution of Board 9 Dissolution of Board 4 10 Final Accounts of the Board 4 Miscellaneous Provisions 11 Vesting of land not a gift, supply of services, or 5 disposition, for certain purposes 12 Powers of Registrar-General of Land 5 13 Repeal 6 196--1 Christchurch City Council (Lancaster cl 1 Park) Land Vesting Bill Schedule 1 7 Crown land vested in Council Schedule 2 8 Board land vested in Council The Parliament of New Zealand enacts as follows: 1 Title This Act is the Christchurch City Council (Lancaster Park) Land Vesting Act 2008. 2 Commencement 5 This Act comes into force on the day after the date on which it receives the Royal assent. Preliminary Provisions 3 Purpose The purpose of this Act is to- 10 (a) vest Lancaster Park land in the Christchurch City Coun- cil to be held in trust for certain purposes: (b) dissolve the Victory Park Board: (c) repeal the Victory Park Act 1919: (d) provide for related matters. 15 4 Interpretation In this Act, unless the context otherwise requires,- Board means the Victory Park Board established by the Vic- tory Park Act 1919 Council means the Christchurch City Council 20 Property means (a) every type of property; and (b) includes: (i) every type of estate and interest in property; and (ii) money; but 25 (c) excludes the land described in Schedules 1 and 2. 2 Christchurch City Council (Lancaster Park) Land Vesting Bill cl 7 Vesting of Lancaster Park Land in Council 5 Land vested in Council (1) The fee simple and registered leasehold estates in the land de- scribed in Schedules 1 and 2 are vested in the Council. (2) The land continues to be subject to all leases, licences, reser- 5 vations, restrictions, encumbrances, and interests in existence at the commencement of this Act. (3) However, the land in Schedule 1 is no longer- (a) subject to the trusts, reservations, and restrictions im- posed by the Victory Park Act 1919; or 10 (b) under the management, control, or direction of the Board. 6 Council to hold land on certain trusts (1) The Council must hold the land described in Schedules 1 and 2 in trust for the following purposes: 15 (a) rugby union; (b) cricket; (c) all other sports; (d) recreation; (e) entertainment; 20 (f) public assembly; (g) ancillary purposes. (2) In subsection (1)(g), ancillary purposes- (a) means purposes ancillary to the purposes specified in subsection (1)(a) to (f); and 25 (b) includes any commercial development and use on the land described in Schedules 1 and 2 that generate income for the benefit of, and does not detract from, the purposes specified in subsection (1)(a) to (f). 7 Council's powers in relation to land 30 (l) The Council may grant a lease, tenancy or licence of any part of the land described in Schedules 1 and 2 on such terms and conditions as it thinks fit. (2) The Council may exercise its power under subsection (1) only for one or more of the purposes set out in section 6. 35 3 Christchurch City Council (Lancaster cl 8 Park) Land Vesting Bill (3) No lease, tenancy or licence granted under subsection (1) (including rights of renewal or extensions, whether in the lease, tenancy or licence or granted separately) may be for a term of 50 years or longer. 8 Application of Ngai Tahu Claims Settlement Act 1998 5 (1) On and from the commencement of this Act, Part 9 of the Ngai Tahu Claims Settlement Act 1998 applies to the land de- scribed in Schedule 1 as if the Council were the Crown and the land were relevant land, and Part 9 of that Act applies ac- cordingly with all necessary modifications. 10 (2) For the purposes of subsection (1), the Council is to be treated as if it had disposed of the land if- (a) it is using the land for a purpose not specified in section 6; and (b) it has not ceased to use the land for a purpose not speci- 15 fied in section 6 within 20 working days after receiv- ing a notice in writing from Te Ronanga O Ngai Tahu requiring it to cease using the land for a purpose not spe- cified in section 6. (3) Subsection (2) does not limit subsection (1). 20 Dissolution of Board 9 Dissolution of Board (1) The Board is dissolved. (2) The property, rights, contracts, engagements, authorities, du- ties, and liabilities of the Board vest in the Council. 25 (3) All actions, arbitrations, and proceedings and all causes of ac- tions, arbitrations, and proceedings by or against the Board may be continued by or against the Council. (4) Unless the context otherwise requires, a reference to the Board in an enactment, deed, instrument, application, notice, or any 30 other document is to be read as a reference to the Council. 10 Final Accounts of the Board (1) Despite sections 9 and 13, the Board continues in existence to complete its obligations under subsection (2).
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