✨ Provincial Council Procedure Rules




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 lands and houses re-
spectively. (See Schedule.)

Superintendent to indorse Memorial on Plans.
17. The Superintendent shall make or cause to be
made, 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 commencement of the Session.

Form of Bill and Address of Promoters.
18. The Bill shall be introduced with all blanks
filled up, and shall not embrace any object which
shall be foreign to the import of the notices herein-
before required; and the Short Title shall correspond
with that at the head of the advertisements, and
shall not be changed without special leave from the
Council; and a copy of the Bill shall be furnished to
the Clerk of the Council, with the names of the
promoters or some of them, or of their agent,
indorsed thereupon, with address in Napier at which
notices may be served upon them.

Parties objecting may Petition.
19. Any person whose property or interests may
be affected by the Bill, may petition the Council
against it, upon the ground of non-compliance with
the Standing Orders in some respect to be specifi-
cally stated in the petition, or on the ground of the
omission of particular provisions from the Bill, or
upon the ground that certain parts of the Bill to be
specifically pointed out affect their property and
interests in certain respects to be specifically stated;
and such petition shall have indorsed thereupon an
address in Napier at which notices may be served
upon the petitioners: Provided that if the objection
be on the ground of non-compliance with Standing
Orders, in respect of anything specially affecting a
particular person, such person shall have signed the
petition and shall not have withdrawn his signature.

Petitions to be presented before Second Reading.
20. No petition shall be received against a Bill
after the same has been read a second time, except
by special leave of the Council.

Petitions to be referred to Select Committee.
21. Every 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.
22. 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 of Select Committee.
23. When a Bill shall have been read a first time,
it shall be referred to a Select Committee, to consist
of the Speaker, who shall act as Chairman, the mem-
ber in charge of the Bill, and three other members
not locally or personally interested, to be appointed
by ballot, or, if the Speaker shall be interested, the
Chairman of Committees or some member appointed

by the House upon motion, and not locally or per-
sonally interested, shall be a member and Chairman
of the Committee.

Declaration required from Members.
24. Every member of the Select Committee other
than the member in charge of the Bill shall, before he
be entitled to vote on such Committee, sign the
following declaration:--

I do hereby declare that my constituents have
no local interest and that I have no personal
interest in (such) Bill, and that I will never
vote on any question which may arise without
having duly heard and attended to the evidence
relating thereto.

And no such Committee shall proceed to business
until the said declaration shall have been so signed
by each of such members.

Members in charge of the Bill may attend Committee, though
interested, but shall not vote.
25. The member in charge of the Bill shall not be
entitled to vote in Committee if he be locally or
personally interested, or until he shall have subscribed
the declaration required by the preceding rule, but
may, notwithstanding, attend and take part in the
proceedings of the Committee.

Quorum in Committee.
26. In every such Select Committee three shall be
a quorum, and all questions shall be decided by a
majority of votes including that of the Chairman; and
whenever the votes are equal, the Chairman shall
have a second or casting vote.

Notice to be given of Meetings of Committee.
27. The Select Committee shall not proceed to
business until three clear days after the Bill shall
have been read a first time, and the Clerk of the
Council shall give one clear day's notice of the day
and hour fixed for the first meeting of the Committee,
and for every subsequent meeting when the day and
hour shall not have been fixed by adjournment to the
promoters of the Bill or their agents, and to any
petitioners or their agents, whose petition shall not
have been considered by the Committee.

Statutory Declarations admitted in Evidence.
28. The Select Committee may admit declarations
made under the provisions of "The Justices of the
Peace Act, 1866," in proof of the compliance with
the Standing Orders, and other facts required to be
proved, or may require further evidence.

Points on which Committee are to report.
29. The Select Committee shall inquire whether
the Standing Orders have been complied with; whether
the land which the Bill seeks power to take com-
pulsorily is sufficiently described in the Bill by
reference or otherwise, and is land which has been
granted by the Crown; whether such land is absolutely
required for the proposed work or undertaking, and
whether the work or undertaking in respect of which
the land is proposed to be taken is of a public nature,
and is intended to be carried out within a reasonable
time, and whether proper provision has been or can
and will be made to meet the expense necessary for
the completion of the same; whether the Bill embraces
any object not mentioned in the preliminary notice
thereof, or any clause inconsistent with the provisions
of "The Land Clauses Consolidation Act, 1863;"
whether the parties whose interests are affected are
generally consenting parties to the Bill; and if the
Bill is objectionable in any of these respects shall
report to the Council accordingly, and generally as
to the merits of the Bill, and the alterations (if any)
which are required in it.

Bill to be dealt with as a Public Bill. Stages prescribed.
30. Upon a Private Bill being brought up and
reported by the Select Committee, such Bill shall be
proceeded with as in the case of Public Bills, a future
day being appointed for the second reading: Pro-



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1870, No 38





✨ LLM interpretation of page content

🏘️ Continuation of Standing Orders for Private Bills (Sections 17-30) (continued from previous page)

🏘️ Provincial & Local Government
6 July 1870
Standing Orders, Private Bills, Select Committee, Provincial Council, Land Taking, Procedure