Parcel 1 is described in Record of Title OT325/79 and comprises the land highlighted orange on the title map together with the area of land shown as “Existing Public Walkway”.
This land was vested in the Council pursuant to section 7 of the Waitaki District Council Reserves and Other Land Empowering Act 2013 (Empowering Act) as an endowment property for the purposes of aiding Waitaki District Council funds.
The Explanatory Note for the Bill that led to the enactment of the Empowering Act confirms that Parcel 1 was originally set aside in 1885 by Order in Council, as part of a larger block for the purposes of an endowment in aid of the Oamaru Borough Council (a predecessor to the Waitaki District Council).
In 1937, again by Order in Council, Parcel 1 was set apart as reserves for an endowment in aid of the funds of the Oamaru Borough Council and erroneously made subject to a predecessor of the Reserves Act. The current title issued in 1947.
The Empowering Act was enacted to address uncertainty regarding whether Parcel 1 was vested in the Oamaru Borough Council as an endowment and whether it was subject to the Reserves Act 1977.
The Explanatory Note stated:
The Waitaki District Council, the successor to the Oamaru Borough Council, wishes to have the status of the Lookout Point land confirmed as that contemplated in the 1885 Order, namely, as endowment land, so that it may sell the land in accordance with sections 140 and 141 of the Local Government Act 2002.
The specific explanation of clause 7 (now section 7 as enacted without amendment) stated:
Clause 7 declares the land to be vested in the Waitaki District Council as an endowment property for the purposes of aiding Waitaki District Council funds and states the land is an endowment property within the meaning of section 140(2) of the Local Government Act 2002 (and therefore able to be sold in accordance with sections 140 and 141 of that Act).
Parcel 2 is described in Record of Title OT18D/802 and comprises the land highlighted green on the title map. The Record of Title does not record any particular interests or status affecting the land
Parcel 2 was previously part of the land described in (now cancelled) Record of Title OT241/150. It was previously vested in The Mayor Councillors and Burgesses of the Borough of Oamaru in trust for the purposes of public utility and was subject to The Oamaru Town Reserves Management Act 1869. However, a Gazette Notice published in 1963, and registered against the prior title as Instrument 266381 records that, pursuant to section 20 of the Reserves and Other Lands Disposal Act 1962, all existing trusts affecting Parcel 2 (together with other land) were revoked and the land was declared to be held “by the Corporation of the Borough of Oamaru as endowment land for the general purposes of the Corporation.”
Section 20 of the Reserves and Other Lands Disposal Act 1962 provides that doubt had arisen regarding the validity of leases granted over parts of the land that was the subject of the section, and the intention of section 20 was to resolve those doubts by providing for the land to be held as an endowment and declaring the leases to be lawful. It authorised the Minister of Lands to revoke existing trusts of any part of the land and to declare it to be held as an endowment for general purposes.
The former title was cancelled and the current Record of Title issued in 1999. No subsequent dealings affecting the status of land since the 1963 Gazette Notice have been identified.
Despite the fact that the Registrar-General of Land has not stated in the current Record of Title that the land is endowment, it is considered that the 1963 Gazette Notice still applies and Parcel 2 is vested in the Council as endowment land for the general purpose of the Council.
Parcel 3 is described in Record of Title OTB1/1222 and comprises the land highlighted blue on the title map. It is stopped road vested in the Council in fee simple. The Record of Title does not record any particular interests or status affecting the land.
A historic search of the title indicates that the title was issued when Parcel 3 was stopped as road in 1962 pursuant to the Municipal Corporations Act 1954. There appear to have been no legal changes or developments affecting Parcel 3 since the road stopping in 1962.