✨ Provincial Council Standing Orders




412 THE NEW ZEALAND GAZETTE.

ment of the session in which it proposed to make
application for a Bill by which any lands or houses
are intended to be taken, or an extension of the time
granted by any former Act for that purpose is sought,
application in writing must be made to the owners
or reputed owners, lessees or reputed lessees, and
occupiers of all lands and houses so intended to be
taken, or which may be taken, as being within the
limits of deviation defined upon the plan, and such
applications shall be as nearly as may be in the
form set forth in the Appendix marked A.

Service of application.

  1. Such application shall be made by delivering
    the same personally to every such party, or by
    leaving the same at his usual place of abode, or in
    his absence from the Colony, with his agent, or by
    forwarding the same by post, in a registered letter
    addressed with a sufficient direction to his usual
    place of abode, and posted before the first of such
    thirty days at the chief post office in the Province,
    at such hours and according to such regulations as
    may from time to time be in force for the posting
    and registration of registered letters.

Evidence of application.

  1. In all cases the written acknowledgment of the
    party applied to shall, in the absence of other proof,
    be sufficient evidence of an application having been
    made, or notice given; and in case of an application
    or notice having been forwarded by post, in a regis-
    tered letter, the production of the post office receipt
    for such letter, duly stamped, shall be sufficient
    evidence of the due delivery of such letter, provided
    it shall appear that the same was properly and suffici-
    ently directed, and that the same was not returned
    by the post office as undelivered.

Lists of Owners, &c., assenting, dissenting, and neuter.

  1. Separate lists shall be made of the names of
    such owners, lessees, and occupiers, distinguishing
    those who have assented, dissented, or are neuter
    in respect to such application, or who have returned
    no answer thereto, and where no written acknow-
    ledgment has been returned to an application for-
    warded by post, or where such application has been
    returned as undelivered, at any time before the
    making up of such lists, the direction of the letter
    in which the same was so forwarded shall be inserted
    therein. (See Schedule.)

Notice to Owners, &c. Trust properties.

  1. Not less than thirty days before the commence-
    ment of the session in which it is intended to make
    application for a Bill relating to or affecting eccle-
    siastical or corporation property, or property held in
    trust for public or charitable purposes, notice in
    writing of such application to the Legislature shall be
    served upon the owners or reputed owners of such
    property, and the lessees or reputed lessees of such
    property, holding leases for any term of twenty-one
    years or upwards, excepting such of the said persons
    as may be promoters of the Bill.

Notice to Owners, &c. Cemeteries and Gas Works.

  1. Not less than thirty days before the com-
    mencement of the session in which it is intended to
    make application for any Bill for making a burial
    ground or cemetery, or the erection of works for the
    manufacture of gas, notice shall be served upon the
    owners and occupiers of every dwelling-house situate
    within three hundred yards of the limits within
    which the proposed burial ground, cemetery, or gas
    works are intended to be erected or made.

Notice to Owners, &c., of relinquishment of Works.

  1. Previously to asking leave to bring in a Bill
    whereby any part of a work authorized by any former
    Act is intended to be relinquished, notices in writing
    of such Bill shall be served upon the owners or
    reputed owners, lessees or reputed lessees, and
    occupiers of the lands in which the part of such
    work intended to be thereby relinquished is situate

Service and evidence of application.

  1. The notices required by the three preceding
    orders shall be served and the service thereof proved
    in the same manner as directed in Standing Orders
    Nos. 7 and 8.

Service of notice and application when invalid.

  1. No notice served or application made on a
    Sunday, Good Friday, or Christmas Day, or before
    eight o'clock in the forenoon, or after eight o'clock
    in the afternoon of any day shall be deemed valid,
    except in case of delivery of letters by post.

Plans and Books of Reference to be deposited with the
Superintendent.

  1. In all cases of Bills applied for in pursuance
    of these Standing Orders, by which any lands or
    houses are intended to be taken, a plan of the work
    proposed to be made, maintained, varied, extended,
    or enlarged, together with a book of reference, shall
    be deposited for public inspection at the office of the
    Superintendent of the Province, not less than thirty
    days before the commencement of the session in
    which it is proposed to make application for the
    Bill.

Contents of Book of Reference.

  1. Such book of reference to every such plan
    shall contain the names of the owners or reputed
    owners, lessees, reputed lessees, and occupiers of all
    lands or houses in the line of the proposed work,
    or within the limits of deviation, as defined upon the
    plan, and shall describe such land and houses
    respectively. (See Schedule.)

Superintendent to endorse Memorial on Plans.

  1. The Superintendent shall make a memorial in
    writing upon the plans and books of reference so
    deposited with him, denoting the time at which the
    same were lodged in his office, and shall at all
    seasonable hours of the day permit any person to
    view and examine the same, and to make copies or
    extracts therefrom; and the plans so deposited shall
    be retained in the possession of the Superintendent
    until the session of the Provincial Council next
    ensuing shall be about to be held, when they shall be
    forwarded by the Superintendent to the office of the
    Clerk of the Provincial Council, so as to be deposited
    there as nearly as may be within a week of the com-
    mencement of the session.

Parties objecting may Petition.

  1. Any parties complaining of a non-compliance
    with the Standing Orders or objecting to the
    principles of the Bill may petition the Council
    against it, and such petition shall be referred to the
    Select Committee on the Bill for their consideration,
    and such petitioners may appear and be heard by
    themselves, their agents and witnesses before such
    Committee.

Bills to be printed at the expense of Promoters.

  1. Before leave is given to bring in a private Bill,
    and at subsequent stages whenever the Council shall
    order the reprinting thereof, such Bill shall be printed
    at the expense of the parties applying for it, in the
    same form as public Bills, and a sufficient number of
    copies delivered to the Clerk of the Council for the
    use of the members thereof.

Constitution and Duties of Select Committees on Bills.

  1. When a Bill shall have been read a first time
    it shall be referred to a Select Committee, to consist
    of the Speaker, the member in charge of the Bill,
    and three other members, not locally or otherwise
    interested, to be appointed on motion, of which notice


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1868, No 49





✨ LLM interpretation of page content

🏘️ Standing Rules and Orders of the Auckland Provincial Council for Compulsory Land Taking Bills (continued from previous page)

🏘️ Provincial & Local Government
12 August 1868
Land taking, Application procedure, Service of notice, Evidence, Lists of owners, Trust properties, Cemeteries, Gas works, Plans, Book of Reference