Auckland Provincial Gazette – 1868 – No. 46

Page 421

Page 422 →

✨ Provincial Legislation

Auckland Provincial Government Gazette.

PUBLISHED BY AUTHORITY.

VOL. XVII.] MONDAY, SEPTEMBER 21, 1868. [No. 46.]

NOTICE.

Superintendent’s Office,
Auckland, 14th September, 1868.

THE following Act of the General Assembly is re-published for general information.

Robert. J. Creighton,
Provincial Secretary.

An Act to enable Provincial Legislatures to pass Laws authorizing the compulsory taking of Land for Works of a Public Nature.

Preamble.

WHEREAS the public interests require that land belonging to private individuals should from time to time be taken compulsorily for works and undertakings of a public nature: And whereas Acts or Ordinances have heretofore been passed by Provincial Legislatures authorizing the taking of land for such purposes: And whereas doubts have been raised as to the validity of such laws and it is expedient to remove doubts as to the power of Provincial Legislatures to pass such laws for the future:

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows—

Short Title.

I. The Short Title of this Act shall be “The Provincial Compulsory Land Taking Act 1866.”

Provincial Legislatures empowered to pass Acts and Ordinances authorizing taking of land for works of public nature.

II. It shall be lawful for the Superintendent and Provincial Council of every Province now or hereafter to be established in New Zealand from time to time to make or ordain any Law or Ordinance authorizing the compulsory purchase of any land which has been granted by the Crown within such Province for any work or undertaking of a public nature: Provided always that no land shall be taken compulsorily under any Act or Ordinance of any Provincial Legislature except in conformity with the provisions of an Act of the General Assembly of New Zealand intituled “The Lands Clauses Consolidation Act 1863.” Provided also that nothing herein contained shall be taken or deemed to authorize any Provincial Legislature to make or ordain any Act Law or Ordinance authorizing the compulsory purchase or taking of any land for the purpose of endowing or paying for the construction of any work or undertaking.

Standing rules to be made by Provincial Councils and approved by the Governor in Council.

III. Standing Rules and Orders shall be prepared and adopted by every Provincial Council regulating the proceedings on Bills authorizing the taking of land compulsorily but the same shall have no force or effect until they have been approved of by the Governor in Council and been published in the New Zealand Gazette.

VUW Te Waharoa — Auckland Provincial Gazette 1868, No 46

After Parliament moved to Wellington in 1865, the Auckland Provincial Council sat in General Assembly House (depicted).

It was nicknamed the 'Shedifice' as it was large and drafty, with a leaking roof. First premier Henry Sewell described it as 'a great wooden barnshaped affair, which might serve for a Hospital, a Jail, or a Barrack'.

✨ LLM interpretation of page content

🗺️ Republication of Provincial Compulsory Land Taking Act 1866

Domain🗺️ Lands, Settlement & Survey
Dated14 September 1868
KeywordsLand acquisition, Provincial legislation, Compulsory purchase, Public works
👩‍💼 Officials

Robert J. Creighton, Provincial Secretary

🗺️ Provincial Compulsory Land Taking Act 1866

Domain🗺️ Lands, Settlement & Survey
KeywordsLand acquisition, Provincial powers, Compulsory purchase, Public works, Lands Clauses Consolidation Act 1863

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New Zealand Gazette Archive, provided by Victoria University Library, copyright 2008 LexisNexis NZ Limited, Crown Copyright of New Zealand Gazette Office
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Additional Sources

Wellington City Recollect have made available a comprehensive and excellent-quality scan of the Wellington Provincial Gazette which was used to fill in a number of issues missing from Victoria University's Gazette Archive; in particular, all 1856 issues, issues 22-34 for 1864 and issues 9-19 for 1870.
27 issues of The New Zealand Advertiser and Bay of Islands Gazette (1840) were sourced from Papers Past (public domain).
Gazette Extraordinary No. 1 (1840), held at the Alexander Turnbull Library, Wellington, New Zealand. Imaged by Luke Howison at the National Library reading rooms; PDF released into the public domain.

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Who made this?

I'm Luke Howison, a freelance web developer with an interest in genealogy. I have created several websites for genealogical research, such as NZ Ancestor Search Helper.

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