β¨ Publication of Provincial Rules
338
THE NEW ZEALAND GAZETTE.
Requisites of Notices.
2. Such notice shall state the objects of the in-
tended Bill, and shall describe the land intended to
be taken, and the proposed limits of deviation; and
shall state the names of the townships or other
territorial division 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, books of reference, and
sections (when required), and copies of the Pro-
vincial Government Gazette notice, and the time at
which a copy of the Bill will be deposited in the
Superintendent's office.
Notices respecting Burial-ground, &c.
3. In cases of Bills respecting any burial-ground,
slaughter-house, or gas-works, the notices shall set
forth and specify the limits within which such burial
ground, slaughter house, or gas works are intended
to be erected or made.
Notice of Diversion of Water from Canals.
4. In all cases where it is proposed to divert into
any intended cut, canal, reservoir, aqueduct, or navi-
gation, or into any intended variation, extension, or
enlargement thereof respectively, any water from
any existing cut, canal, reservoir, aqueduct, or navi-
gation, whether directly or derivatively, and whether
under any agreement with the proprietor thereof or
otherwise, the notices shall contain the name of
every such existing cut, canal, reservoir, aqueduct,
or navigation, the water supplying which will either
directly or derivatively flow, or proceed into any
such intended cut, canal, reservoir, aqueduct, or
navigation, or into any intended variation, extension,
or enlargement thereof.
Plan of Tidal Lands with Colonial Secretary.
5. In cases where the work shall be situated on
tidal lands, within the ordinary spring tides, a copy
of the plans and sections shall, thirty days before
the commencement of the Session, be deposited in
the Office of the Colonial Secretary.
Notices and Applications to Owners, Lessees, and Occupiers
of Lands and Houses.
6. Not less than thirty days before the commence-
ment of the Session in which it is 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.
7. 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.
8. In all cases a written acknowledgment, signed
by the party applied to, of whose handwriting proof
shall be given, 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 registered
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 sufficiently
directed, and that the same was not returned by the
Post Office as undelivered.
List of Owners, &c., assenting, dissenting, and neuter.
9. 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 acknowledgment has
been returned to an application forwarded by post,
or where such application has been returned as un-
delivered, 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 along Highway or Stream proposed to be
diverted.
10. Not less than thirty days before the commence-
ment of the Session in which it is intended to make
application for a Bill for the diversion or stopping
up of any public street, highway, or thoroughfare, or
of any river, stream, or creek, notice.shall be served
upon the owners or reputed owners, and occupiers
or reputed occupiers, of all land over or by which such
public street, highway, thoroughfare, river, stream,
or creek passes, and situated between the point of
diversion or stopping up and the point of reunion or
recommencement, or if the river, stream, or creek
diverted shall not reunite with its original course,
then between the point of such diversion and the sea.
Notice to Owners. Burial-grounds, &c.
11. Not less than thirty days before the commence-
ment of the Session in which it is intended to make
application for any Bill for making a burial-ground
or slaughter-house, 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, slaughter-house, or gas-
works are intended to be erected or made.
Notice to Owners, &c., of relinquishment of Works.
12. 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.
13. 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.
14. No notice served or application made on a
Sunday, Good Friday, or Christmas Day, shall be
deemed valid, except in case of delivery of letters
by post.
Plans, Sections, and Books of Reference, to be deposited
with the Superintendent.
15. Plans, books of reference, and sections relating'
to the work or undertaking, and to the land proposed
to be taken, shall be deposited for public inspection
at the office of the Superintendent, thirty days at
least before the commencement of the Session in
which any Bill shall be introduced. Such plans,
books of reference, and sections shall be as nearly as
may be of the same nature and description as would
be required in similar cases by the Standing Orders
of the General Assembly of New Zealand relative to
Private Bills, and a copy of the Bill shall be deposited
in the Superintendent's office seven days before the
commencement of the Session.
Contents of Book of Reference.
16. Such book of reference to every such plan
shall contain the names of the owners or reputed
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β¨ LLM interpretation of page content
ποΈ
Approval of Hawke's Bay Rules for Compulsory Land Taking Bills
(continued from previous page)
ποΈ Provincial & Local Government6 July 1870
Standing Orders, Public Works, Land Taking, Notices, Plans, Service of Application, Provincial Government
- Colonial Secretary
NZ Gazette 1870, No 38