According to the Nelson Mail, complicated land ownership of Nelson's Trafalgar Park, including it being subject to a historic act that locks in its use forever as an athletics and recreation ground, might be a sticking point in its development as a top-class rugby venue.

However, the Nelson City Council's community services committee has decided to approve a study on the merits of upgrading the central city park, in anticipation of it being considered as a venue for a Rugby World Cup match in 2011.

As part of the feasibility study, the council will have to consider the approval process, because land ownership within Trafalgar Park is "complicated" and could lead to constraints on development, a council report states.

A 2005 council document shows the park and surrounding areas are made up of 12 land parcels, several of which are subject to the Trafalgar Park Purchasing Act 1891. A section of the act states that it "shall be held in trust forever for such purposes of athletic sports and other recreation".

Other freehold parcels were subject to an "offer back" process if the council ever considered selling the land.

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