Canterbury Provincial Ordinances
7. The Racecourse Lease Ordinance 1859.
Whereas by an Act of the General Assembly of New Zealand, passed in the first Session thereof, entituled "The Public Reserves Act, 1854," it was, amongst other things enacted, that it should be lawful for the Governor of New Zealand, with the advice and consent of his Executive Council, at any time and from time to time after the passing of the said Act, in the name and on behalf of her
Majesty, to grant to the Superintendent of each Province in New Zealand and his Successors, all such estate and interest as her Majesty then had or might have in all or any of the lands within such Province forming part of the demesne lands of the Crown, which had been at any tirne theretofore and then were or might thereafter be reserved or set apart for purposes of public utility within such Province, except as therein mentioned:
And Whereas all that allotment or section of rural land situate within the Christchurch district of the Province of Canterbury, forming part of the demesne lands of the Crown, consisting of three hundred acres statute measure or thereabouts, be the same more or less, commencing at a point on the Harewood Road, by Riccarton, five miles forty-eight chains and sixty links from the Market Place of the town of Christchurch (measured along the road), thence running southerly at a right angle to the extent of forty-six chains, thence westerly at a right angle to the extent of fifty-nine chains and twenty links or thereabouts, to the north-western boundary line of section 209, following along the said boundary
line six chains ninety links, and thence along the northern boundary line of section 209, five chains and seventy-five links, to the south-western corner of section 389, thence following along the north-western road to the commencing point, subject nevertheless to a road one chain wide reserved along the easter and south-eastern boundaries of the said allotment or section, which said section is more particularly delineated and shown in the Chief Surveyor's Map of the said Province:
And Whereas the said section of land hath been reserved for purposes of
public utility within the Province of Canterbury, and in pursuance
of the powers
conferred by the above-recited Act of the General Assembly hath been granted by
his Excellency the Governor to James
Edward FitzGerald, Esquire, the
Superintendent of the said Province, and his Successors, Superintendents, upon
the several trusts
following, that is to say: upon trust for a public racecourse
for the said Province, but subject nevertheless to the provisions in
contained in the said Act of the General Assembly for changing the said trusts
and appropriating the said land to other
and different purposes of public
utility: Provided always that no land so granted shall be alienated by way of
sale or mortgage,
or by lease for any longer term than three years, and no such
change or new appropriation shall be made without the authority of
an Act or
Ordinance of the Provincial Council of such Province to be passed in that
behalf: And Whereas it is expedient to make
arrangements for the management,
improvement, and regulation of the said section of land:
Be it therefore enacted by the Superintendent of the Province of Canterbury, by and with the advice and consent of the Provincial Council thereof.
1. Term and condition of lease.
It shall be lawful for the Superintendent, with the advice of the Executive Council, to lease the aforesaid section of land described in the Preamble to this
Ordinance to Isaac Thomas Cookson, President of the Canterbury Jockey Club,
or the President for the time being of such Club, for
any term not exceeding
twenty-eight years' at a rental of not less than Fifteen Pounds per annum for
the said term, which rental
shall, from time to time, be paid to the Provincial
Treasurer of the said Province, and appropriated in manner hereinafter
2. The Lessee may levy certain fees and tolls.
The Lessee of the said course may from time to time fix and receive such fees and payments in respect of admission of persons, horses and vehicles into any portion of such land as he or they may think fit, provided they shall not exceed for every horse two Shillings and Sixpence, for every two-wheeled vehicle drawn by any horse or other beast Ten Shillings, for every additional horse or other beast drawing such vehicle One Shilling, for every four-wheeled vehicle drawn one horse or more, Twenty Shillings: Provided always such fees shall be expended
on the permanent improvement of the said public racecourse or the furtherance
of the races to be held thereon. No fees shall be taken
for the admission of
foot passengers to the said reserve.
3. Lessee to make Regulations subject to the approval of the
It shall be lawful for the said Lessee to make all such Regulations as he may
think fit for the conduct of all sports and races within
the said ground, and to
expel therefrom all persons wilfully infringing such Regulations, or otherwise
misbehaving. Provided such
Regulations shall be submitted for the approval of
the Superintendent previous to to coming into force.
4. Lease shall contain reservation for certain purposes, and other conditions.
Any such Lease, granted under this Ordinance, shall contain a reservation of
such portion of the said section of land now used or
as hereafter may be used as
a public racecourse, for the purpose of racing, at all or at any times during
the said term, subject
to the approval of the Lessee, and a condition that the
said section of land shall be given up, at the expiration of such lease,
properly laid down with good meadow grass, and fenced in with a sufficient
fence, within the meaning of the "Trespass of Cattle Ordinance"
now for the time
being in force in the said Province, in good repair; and such other
reservations, conditions, provisions, and powers
as the Superintendent, with
such advice as aforesaid, shall require or permit.
5. Appropriation of the rent.
The rent which shall from time to time be paid to the Provincial Treasurer
as aforesaid, shall be appropriated in planting with forest
trees the external
boundaries of the said section or otherwise, as the Superintendent may
This Ordinance shall be entituled and cited as “The Racecourse Reserve
Ordinance, Session XI., No. 7.”
This Ordinance was passed by the Canterbury Provincial Council on the 3rd
November 1859, and assented to by the Superintendent on 4th November.