SUPPLEMENT

TO THE

Auckland Provincial Government Gazette.

VOL. XXII.] WEDNESDAY, AUGUST 13, 1873. [No. 34.]

INFORMATION for Highway Boards in reference to taking Land for permanent Works under an Act of the General Assembly—“The Highway Boards Empowering Act, 1871.”

Sec. 28.—Certain land may be taken for New Roads and for diverting altering and increasing the width of present Roads. It may be taken also for other purposes specified in section 28 of the Act.

Yards gardens parks and land planted as ornamental Sites &c., cannot be taken.

The mode of proceeding is as follows:—

Sec. 29.—Plans and Specifications of the proposed work must be prepared by a Surveyor in conformity with this section and deposited at the Office of the Highway Board for the inspection of all persons interested for 40 clear days after notice of the deposit shall have been given in the Provincial Gazette.

Sec. 30.—The Highway Board must then publish notice in the Gazette and twice in a newspaper which notice may be in the form No. 1 annexed, and a notice must also be served within one week after such publication in the Gazette on every person interested in the land. It may be in form No. 2 annexed and must be served,—

1. By delivery of the same personally to the person required to be served or if such person is absent from New Zealand, to his agent or when the place of abode of such person and that of his agent are unknown by publishing the same at least three times in some newspaper published in or near the district in which such work or undertaking is proposed to be made; or

2. By leaving the same at the usual or last known place of abode of such person as aforesaid; or

3. By forwarding the same by post in a registered letter addressed to the usual or last known place of abode of such person.

Sec. 31.—At the next meeting of the Highway Board after the expiration of the 40 clear days, any person who has delivered his objection in compliance with the Notice may appear before the Highway Board in support of the objection.

Sec. 32.—The Highway Board may summon Witnesses take evidence and require the production of documents.

Sec. 33.—If the board after the hearing think fit they may order the execution of the work (Such order may be in the form No. 3 annexed) and must then transmit the order to the Superintendent with copies of all plans and specifications. The Superintendent after taking certain prescribed steps may either confirm the order with or without variation, or disallow it, as he thinks fit.

Sec. 34.—If the order is confirmed, the Board after having paid the compensation to the parties interested are authorised to execute the work.

The amount of compensation is to be fixed under the Land Clauses Consolidation Act, 1863, which prescribes the mode of proceeding.

If the Highway board can agree with the parties interested, they are authorised to purchase.

If they do not agree, the Act fully provides for all the numerous cases which may arise, but the matter is too complicated to be dealt with by Highway Boards without professional assistance.

FORM No. 1.

To the owner or reputed owner lessee or reputed lessee and occupier of allotment number

Take Notice that the Maps Specifications and other papers at [District Highway Board] relating to a road which the [Highway Board] propose to take over the above mentioned allotment are deposited for Inspection at (name of place) that the purpose of the said Maps Specifications and other papers is to define the site measurements and mode of forming the said Road and that all persons affected by the proposed Road are hereby called upon to set forth in writing addressed to the Highway Board within Forty days from the publication hereof in the Gazette all objections which they may have to the said Road.

Dated the day of 18

A. B.
Chairman.