No Bill to be assented to unless such rules complied with

G. F. Bowen, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington,
the twelfth day of August, 1868.

Present:
His Excellency the Governor in Council.

IV. No Bill authorizing the taking of land compulsorily shall be introduced into any Provincial Council until such Standing Rules and Orders have been adopted by such Provincial Council and approved of as aforesaid and no such Bill shall be introduced or passed by such Council except in conformity with such Rules and Orders and every such Bill shall be reserved for the Governor’s assent. And such assent shall not be given unless it be shown to the satisfaction of the Governor that the work or undertaking in respect of which any land is proposed to be taken compulsorily is intended to be carried out within a reasonable time and that proper provision has been or can and will be made to meet the expense necessary for the completion of the same.

No land to be taken compulsorily except under this Act.

V. It shall not be lawful for the Superintendent and Provincial Council of any 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 land except under the authority and subject to the provisions of this Act and no land shall be taken compulsorily for any such work or undertaking of a public nature except by a special Act or Ordinance of the Superintendent and Provincial Council of the Province in which such land is situate describing the land to be taken by reference or otherwise.

Act not to affect Native Lands.

VI. The word “land” where used herein shall mean only lands over which the Native Title has been extinguished or any land reserved for or set apart for the benefit of the aboriginal inhabitants of New Zealand and this Act shall not be deemed to give any authority or power to any Provincial Council to pass or to the Governor to assent to any Bill passed by any Provincial Council authorizing the taking compulsorily or otherwise any land over which the Native Title has not been extinguished.

NOTICE.

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

The following Order in Council, together with the Standing Rules and Orders of the Provincial Council of Auckland, for regulating proceedings on Bills authorizing the taking of land compulsorily, under “The Provincial Compulsory Land Taking Act, 1866,” is re-published from the New Zealand Gazette, for general information.

Robert J. Creighton,
Provincial Secretary.

WHEREAS by “The Provincial Compulsory Land Taking Act, 1866,” it is enacted that 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 that 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. And whereas the Standing Rules and Orders contained in the Schedule hereto, have been prepared and adopted by the Provincial Council of the Province of Auckland, and it is expedient that effect should be given to the same:

Now therefore I, Sir George Ferguson Bowen, the Governor of New Zealand, in pursuance and in exercise of the power and authority vested in me by the said Act, do hereby approve of the Rules and Orders contained in the Schedule hereto, as adopted by the said Provincial Council of the Province of Auckland, for regulating the proceedings in the said Council, on Bills authorizing the taking of land compulsorily.

Foster Goring,
Clerk of the Executive Council.

STANDING RULES AND ORDERS of the Provincial Council of Auckland, for regulating proceedings on Bills authorizing the taking of land compulsorily under “The Provincial Compulsory Land Taking Act, 1866.”

NOTICES BY ADVERTISEMENT.

Subject of Notices.

1. In all cases where application is intended to be made for leave to bring in a Bill under “The Provincial Compulsory Land Taking Act, 1866,” notices shall be given, stating the objects of such intended application, and the time at which copies of the Bill will be deposited in the Superintendent’s Office.

Notices to contain name of Township, &c.

2. Such notices shall also contain a description of the lands, together with the names of the townships or other territorial divisions in, through, or into which the work is intended to be made, maintained, varied, extended, or enlarged, and shall state the time and place of deposit of the plans of such lands, the books of reference, and copies of the Provincial Government Gazette notice, respectively.