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Wakefield Settled Estate Ordinance 1864 (Disallowed)

14. The Wakefield Settled Estate Ordinance 1864.

Analysis.. Preamble.

1. Power to the Trustees to make Leases with Purchasing Clauses.

2. Power to the Trustees to make Building Leases and appropriate lands for public purposes.

3. Title.

Whereas under and by virtue of the provisions of an Indenture of Settlement made the Fourteenth day of July One thousand eight hundred and fifty-one between Felix Wakefield therein described as of Woodhatch near Reigate in the county of Surrey England Esquire of the first part Edward Gibbon Wakefield therein described as of Warwick Lodge near Reigate in the said county of the second part and John Robert Godley therein described as of Lyttelton in the colony of New Zealand and Edward Robert Ward of the same place of the third part certain hereditaments situate in the Province of Canterbury in the said Colony were conveyed unto the said John Robert Godley and Edward Robert Ward their Heirs Executors Administrators and Assigns upon trust for the said Felix Wakefield for the term of his life and afterwards upon trust to pay a certain annuity to Maria Felicie Eliza wife of the said Felix Wakefield and subject thereto in trust for the children of the said Felix Wakefield as in the said Indenture is specified and whreas the said Indenture contains a proviso making it lawful for the Trustees of the said Settlement to make sale of all or any part of the Trust Estate comprised in such Indenture and in such Indenture is contained power to

the said Trustees to lease the said Trust Estate or any part thereof for twenty-one years and whereas the said Trust Estates are now by divers mesne assignments duly vested in the Reverend George Cotterill of Christchurch in the Province of Canterbury and in the colony aforesaid clerk and Charles Elliott of Nelson in the Province of Nelson in the said colony gentleman upon the trusts of the said Indenture now remaining unperformed and whereas it is expedient to enlarge the powers of sale and of leasing certain lands in the said Indenture of Settlement as is hereinafter mentioned.

Be it therefore enacted by the Superintendent of the said Province by and with the advice and consent of the Provincial Council thereof as follows:

1. Power to the Trustees to make Leases with Purchasing Clauses. Notwithstanding anything in the said Indenture of Settlement contained it shall be lawful for the Trustees for the time being acting under the trusts of the said Indenture to make leases of all or any portion of the Trust Estates vested in them upon the trust of such settlement reserving such rents as to such Trustees shall seem fit and with an option conferred upon the tenant or tenants to purchase the premises occupied in any such lease or leases at or for such sum as shall be stipulated between the Trustees and the Lessee or Lessees.

2. Power to the Trustees to make Building Leases and appropriate lands for public purposes.

And be it further enacted that it shall be lawful for the said Trustees for the time being to make a lease or leases of all or any part of the said Trust Estates for any term of years not exceeding ninety-nine years to any person or persons who

shall improve the same by building thereon any new house erection or building or houses erections and buildings thereon or by making any buildings in lieu of or in addition to such buildings thereon or by making any buildings in lieu of or in addition to such buildings thereon or by making any such substantial

improvements or repairs or shall covenant or shall agree so to do within two years or any reasonable time (according to the circumstances) after the date of such lease or leases together with all such liberties powers easements and privileges for or in aid of all the purposes aforesaid and subject to any such exceptions reservations restrictions covenants and conditions as to the persons for the time being exercising this power shall seem expedient havig regard to the nature and objects of the lease so as there be reserved on every such lease the best yearly rent or rents (either uniform or not and so that a peppercorn or other merely nominal rent may be made payable during all or any part of the first two years of any such term) that can be reasonably gotten without taking anything in the nature of a fine or premium (but in case under this power any lease shall be made on the surrender of a former lease the value of the Lessee’s interest under such surrendered lease may be taken into account in fixing the terms of the new lease) and so as there be contained in every such lease a condition of re-entry for non-payment within a reasonable time of the rent or rents thereby reserved and so as the Lessee or Lessees do execute a counterpart thereof and do

thereby covenant for the due payment of the rent or rents thereby reserved and it is hereby further agreed and declared that it shall be lawful for the persons for

the time being authorised t exercise the power f leasing lastly hereinbefore contained from time to time to enter into any contract they may think fit to grant at a future time and upon the performance of any conditions they may think fit any lease or leases in pursuance of he power lastly hereinbefore contained and in

any such contract to agree for the apportionment of an entire rent between different parts of the property to be leased at the option of the Lessee or otherwise and whenever several leases shall be granted under the power lastly hereinbefore contained at apportioned rents of property comprised in one contract the requirement that the best yearly rent or rents be reserved as aforesaid shall be considered as applying o the aggregate of the rents reserved on such leases and not to the rent reserved on any single lease and it shall also be lawful for the persons so authorised as aforesaid from time to time to make or consent to alterations in the terms of any such contract by way of addition explanation or otherwise and also wholly or partiallyto release from any such contract any person or persons bound thereby and also o vary or depart from the terms of the contract in any lease or leases founded upon any such contract (but so that every such lease be conformable to the provisions of the aforesaid power and after the granting of any lease the contract if any for such lease shall no except so far as may be necessary in order to support the lease form any part of the evidence of the title at law or in equity to the benefit of the lease and it is hereby further agreed and declared that it shall be lawful for the persons for the time being authorised to exercise the power of leasing lastly hereinbefore contained from time to time to lay out and appropriate any part or parts of the

said premises hereinbefore expressed o be hereby appointed for churches chapels schools or other public buildings or for roads paths squares gardens or other open spaces sewers drains or water-courses or other works of accommodation or convenience either o be dedicated to te public or not in such manner as may be agreed upon in any such building repairing or improving lease

as aforesaid or as the persons so authorised as aforesaid may from time to time think convenient and conducive o the general benefit of he property and as to the part or parts of the said premises so laid out and appropriated as aforesaid the same may if the person for the time being authorised as aforesaid shall think fit

be vested in any Trustees upon such trusts for securing the continued appropriation thereof to the purposes aforesaid and with such provisions as to the right and terms of user and enjoyment thereof for the purposes for which the same shall have been appropriated and consistently with such appropriation as to the appointment of new Trustees when required and in other respects as the persons exercising this power shall think convenient and conducive to the general benefit of the property and it shall be lawful for the persons exercising this power from time to time to execute all such assurnces and to do all such

things effectuating the aforesaid appropriation and other objects aforesaid or any of them as shall be considered necessary or expedient.

3. Title.

This Ordinance shall be intituled and may be cited as “The Wakefield Settled

Estate Ordinance 1864.”

Notes.

This Ordinance was passed by the Canterbury Provincial Council on 29th September 1864, and assented to by the Superintendent on 30th September. It was disallowed by the Governor: See New Zealand Government Gazette 1864, page 445.