✨ Highway Board Regulations
SUPPLEMENT
TO THE
AUCKLAND PROVINCIAL GOVERNMENT GAZETTE.
VOL. XXII.] SATURDAY, OCTOBER 11, 1873. **[No. 40.]
[Republished with amendments from Supplement of 13th August, 1873.]
INFORMATION for Highway Boards in reference to taking Land for permanent Works under an Act of the General Assembly—“The 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.
Sec. 35.—Yards gardens parks and land planted may be in the form No. 3 annexed) and must then transmit to the Superintendent the order with copies of all plans and specifications and the objections delivered (if any). The Superintendent after taking certain prescribed steps may either confirm the order with or without variation, or disallow it.
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 Board at some other place within the district to be appointed by the Board for the inspection of all persons interested for 40 clear days after having paid the compensation to the parties interested are authorised to execute the work.
Sec. 30.—The Highway Board must then publish a notice in the Gazette and twice in a newspaper prescribing the mode of proceeding, 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 and in all the numerous cases which may arise, but the method must be served.—
- 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 publication in some newspaper published in or near the district relating to a road which the Highway Board propose to take over the above named proposed allotment are deposited for inspection at (name of place).
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. The Chairman may administer oaths.
Sec. 33.—If the board after the hearing think fit they may order the execution of the work (Such order to be in the form No. 3 annexed) and must then transmit to the Superintendent the order with copies of all plans and specifications and the objections delivered (if any). The Superintendent after taking certain prescribed steps may either confirm the order with or without variation, or disallow it.
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 are agreed with the parties interested, they are authorised to purchase. If they do not agree, the Act fully provides for the case by arbitration but the matter is too complicated to be dealt with by Highway Boards without professional assistance.
(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 letter addressed to the usual or last known place of abode of such person.
FORM NO. 1.
To the owner or reputed owner lessee or reputed lessee or occupier of allotment number ____. Take Notice that Maps Specifications and other papers relating to a road which the District 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 measurements is to define the site and mode of forming the said Road and that all persons affected by the proposed Road are hereby called upon to set forth
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Auckland Provincial Gazette 1873, No 40