New Zealand Legislation: Acts

This Deed made the 16th day of September 1997

BETWEEN the TARANAKI JOCKEY CLUB INCORPORATED a Society duly incorporated under the Incorporated Societies Act 1908 (hereinafter called “the Club”) of the one part

AND the NEW PLYMOUTH DISTRICT COUNCIL a body corporate under the Local Government Act 1974 (hereinafter called “the Council”) of the other part

WHEREAS

• A. By Deed bearing date the 25^th day of June 1959 between the Club and the Council (the Council being therein called “the Mayor, Councillors and Citizens of the City of New Plymouth, a body corporate under the Municipal Corporations Act 1954 and therein named the Corporation”) the parties made provision for the vesting in the Council of certain land owned by the Club and for the use of that land and of the New Plymouth Recreation and Racecourse Reserve, such land and Reserve being described in the Schedule hereto and such Deed was validated by the New Plymouth Recreation & Racecourse Reserve Act 1959.

• B. By agreement between the parties, the Council has constructed a stadium and parking area on the part of the Reserve herein named the Stadium Area.

• C. Without affecting the said vesting, the parties are desirous of revoking the provisions of the said Deed and substituting the following provisions therefor.

NOW THIS DEED WITNESSETH

• 1. In this Deed, unless the context otherwise requires:

  “Date of Termination” means the date when the Club shall cease to be entitled to the rights set out in sub-clauses (1), (2) and (3) of clause 2 hereof as provided in subclause (4) of the said clause.

  “Playing Area” means that part of the Reserve for the time being comprised within the inner boundary of the racing track and marked Lot 4 on Deposited Plan No. 19480

  “Racecourse Amenities Area” means that part of the Reserve marked Lot 1 on Deposited Plan No. 19480

  “Reserve” for the purposes of this Deed means the land described in the Schedule hereto (but excluding therefrom the area marked Lot 2 on Deposited Plan No. 19480)

  “Stadium Area” means that part of the Reserve marked Lot 3 on Deposited Plan No. 19480

  “Year” means a calendar year.

• 2. Subject to the provisions of sub-clause (4) of this clause, from the date of this Deed the Club shall be entitled without payment of rent or any other similar charge to the following rights:

  • (1) As to 20 days in any year or such greater number of days in any year as shall be approved by resolution of the Council and for not more than 2 days consecutively at any time the right:

    • (a) to use the Reserve, except the buildings constructed by the Council in the Stadium Area, for the purpose of holding race meetings at such times as the Club may from time to time appoint, and to make charges for admission thereto;

    • (b) to allow other clubs, societies and organisations from time to time to use the Reserve, except the buildings constructed by the Council in the Stadium Area, for race meetings, sports meetings, carnivals, exhibitions and other similar purposes and to charge for the use of the same and to permit such users to make charges for admission thereto;

    • (c) on any day on which the Reserve is being used pursuant to paragraphs (a) and (b) hereof to use for motor vehicle parking purposes any part of the Racecourse Amenities Area and the Stadium Area, except the buildings constructed by the Council in the Stadium Area, and to make such charges for admission thereto as may be prescribed by the Club with the approval of the Council;

    • (d) on any day on which the Reserve is being used pursuant to paragraphs (a) and (b) hereof to exclude the public therefrom excepting on payment of such charge or charges as may be prescribed by the Club with the approval of the Council.

  • (2) The right at any time and from time to time:

    • (a) to use or allow to be used the Racecourse Amenities Area and those parts of the Playing Area as have been or may with the consent of the Council be formed as training tracks or trotting tracks on every week day and Sundays before the hour of 12.00 noon and on Saturdays before the hour of 9.00 am for the purpose of training and exercising horses.

    • (b) to use the Racecourse Amenities Area and Playing Area or allow them to be used for the grazing of sheep on such reasonable conditions that may be made from time to time by the Council, subject to the Playing Area being made available for use pursuant to clause 3(1) hereof.

    • (c) at its own cost and expense in all things, to make such alterations to any of the Club's buildings or to the position of the Racing Track, the trotting track and any track or tracks for training or exercising purposes all within the Racecourse Amenities Area or the Playing Area or to construct additional buildings within the Racecourse Amenities area as shall be approved by the Council, such approval not to be unreasonably withheld if the Council is satisfied that such alterations will be for the benefit of racing.

    • (d) to retain and erect on any part of the Racecourse Amenities Area any fence, gate or other structure whatsoever reasonably required by the Club for racing purposes and to have the exclusive occupation and control thereof.

    • (e) to retain and use and to replace, if necessary, the number board now erected on the Playing Area;

    • (f) to retain for its own use all moneys received under any policy of insurance arising out of the destruction of or damage to any building or other structure now or hereafter erected by the Club;

    • (g) to remove at any time prior to the Date of Termination or within three months thereafter any building, running rails or other structure (excepting any fence or gate) now or hereafter erected by the Club PROVIDED THAT the Council shall be entitled at any time by notice in writing to require the Club to leave all or any buildings owned by it in the Reserve after the Date of Termination without payment of any compensation.

  • (3) The right at any time and from time to time to use or allow the Racecourse Amenities Area or any part thereof to be used, subject to such charges as the Club may prescribe, with the approval of the Council by any society, organisation or person for the purpose of holding garden parties, wedding receptions and similar functions and when the Racecourse Amenities Area is being used for any such purpose, to exclude therefrom all persons other than those who are permitted by the Club or any such society, organisation or person to have admission.

  • (4) The Club shall be entitled to the rights mentioned in sub-clauses (1), (2) and (3) hereof from the date of this Deed until the Club shall cease for a continuous period of two years to hold race meetings on the Reserve, or until the number of members of the Club who shall have paid the annual subscription for the then current year shall fall below 50 and remain below that number for six consecutive months:

    PROVIDED ALWAYS that such rights shall nevertheless continue to be exercisable by the Club if the failure to hold race meetings for two years shall be due to war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war, mutiny, insurrection, rebellion, revolution, conspiracy, military or usurped power or to confiscation, commandeering, requisition or destruction of or damage to the buildings on the Racecourse Amenities Area by order of the Government – de jure or de facto – or to prohibition by any such Government as aforesaid of repair or reinstatement of any such buildings, or if the number of members of the Club as aforesaid shall fall below 50 during any period in which the Club is unable to hold race meetings by reason of any of the causes set out in this proviso.

  • (5) If the Club shall refuse any application for the use by any person, club, society or organisation of the Racecourse Amenities Area or any part of parts thereof in accordance with the foregoing provisions of this clause, such person, club, society or organisation shall be entitled to appeal to the Council against such refusal and the Council, after hearing such person, club, society or organisation, and the Club, if it considers that such refusal was unreasonable, may direct the Club to grant such application and the Club shall thereupon conform with such direction:

    PROVIDED THAT there shall be no right of appeal against the refusal of the Club to allow any person, club, society or organisation other than a racing or trotting club, or the Taranaki Agricultural and Pastoral Society to use any of the buildings in the Racecourse Amenities Area.

• 4. While this Deed shall remain in force, the Club shall, at its own expense, maintain and keep in good order, condition and repair all parts of the Racecourse Amenities Area including all buildings, fences, gates and other erections and all racing tracks, roadways and gardens and the training and trotting tracks in the Playing Area but excluding any buildings that may be erected on the Playing Area or the Racecourse Amenities Area by the Council, pursuant to sub-clause (2) of clause 3 hereof.

• 5. The Council shall promote and use its best endeavours to procure the passing at the next convenient session of Parliament of a Bill with such clauses as may be necessary or advisable to validate this Deed and to carry the same into effect and to confer the necessary powers and authorities required for this purpose, and the Club shall, so far as the Corporation may reasonably require, aid and assist in obtaining the said intended Act and in furtherance of this object, shall by its officers and servants support the Bill by evidence or otherwise as may be necessary.

• 6. All costs and expenses incurred by each of the parties of and incidental to the preparation and completion of this Deed and the promotion and passing of the said Bill, shall be borne by the party incurring the same.

• 7. If any question, difference or dispute shall arise with reference to this Deed or its construction or as to anything herein contained, or as to anything not fully provided for, or as to the rights or liabilities of either of the parties hereto, the same shall be referred to two Arbitrators, one to be appointed by each party or to an Umpire to be chosen by the Arbitrators before entering on the consideration of the matters referred to them and every such reference shall be deemed an arbitration under the Arbitration Act 1908 and be subject to the provisions as to arbitration contained in the said Act and this Deed shall accordingly be deemed to be a submission within the meaning of the said Act.

• 8. The parties acknowledge and declare that although Lot 2 on Deposited Plan 19480 is part of the New Plymouth Recreation and Racecourse Reserve, in practice it has for many years been incorporated into Pukekura Park and it is excluded from the provisions of this Deed.

• 9. Upon the passing of the Bill referred to in clause 5 hereof, the provisions of the said Deed dated the 25^th day of June 1959 shall cease to have any force and effect.