✨ Railway Proclamation and Legislation
THE NEW ZEALAND GAZETTE. 251
And whereas by “The Immigration and Public
Works Act, 1872,” it is enacted that, at any time
after the expiration of twenty-one days from the
publication in the New Zealand Gazette, and in a
newspaper ordinarily circulating in the district, of a
Proclamation under the thirteenth section of the said
Act, whether of the whole or a portion or portions of
a line of railway, the Governor, on behalf of Her
Majesty, may enter upon, take possession of, use and
hold, or cause to be entered upon, taken possession
of, used and held, so much of the lands defined in
such Proclamation as proposed to be taken as shall
be required to be taken, purchased, or permanently
used for the purposes of such railway, notwithstand-
ing that an agreement shall not have been come to or
an award made for the purchase or compensation
money to be paid in respect of such lands:
And whereas by the said last-mentioned Act it is
also enacted that in any case in which a road or right
of road has been or hereafter may be reserved in any
Crown grant, and in any case in which, under “The
Native Lands Act, 1865,” or any law for the time
being in force relating to the sale of waste lands of
the Crown, or any law whatever, there is a right to
take a public road through any lands, it shall be law-
ful, after such road shall have been surveyed, to con-
struct under the said Acts any railway, or any part of
any railway, on the road so surveyed, notwithstanding
that such road may not have been made:
And whereas the Governor has determined to con-
struct and maintain a portion of the railway from
Dunedin to Clutha, authorized to be constructed by
“The Railways Act, 1870,” and “The Railways Act,
1872,” which said portion is hereinafter described :
Now therefore, I, the Right Honorable Sir James
Fergusson, Baronet, Governor of the Colony of New
Zealand, in exercise and pursuance of the powers
and authorities conferred on me by the hereinbefore
in part recited Acts, and in exercise of every other
power enabling me in this behalf, do hereby proclaim,
declare, and define the limits, description, and line
of the said portion of the said railway to be those
set forth in the First Schedule hereto; and that the
lands specified and described in the Second Schedule
hereto are proposed to be taken for the purposes of
the said portion of the said railway; and that the
limits of deviation shall be those set forth in the said
First Schedule hereto; and in pursuance and exercise
of all powers and authorities conferred on me in that
behalf, I do hereby fix the point of commencement
of the said portion of the said railway to be at or
near a point which is situated in Section numbered
11, Block V., Maungatua Survey District, in the
Province of Otago, about seven chains, more or
less, distant from the westernmost corner of said
section, and the point of termination thereof to be at
or near a point which is situated in Rural Section
numbered 6 in Block XXI., Waihola Survey District,
in the same Province, the said point being about 24
chains, more or less, distant from the westernmost
corner of Rural Section 6 aforesaid.
FIRST SCHEDULE.
Limits, Description, Line, and Limits of Deviation
of a portion of the Railway from Dunedin to Clutha,
in the Province of Otago.
COMMENCING at or near a point which is situated in
Section numbered 11, Block V., Maungatua Survey
District, about 7 chains, more or less, distant from the
westernmost corner of said section, and passing in,
through, or into the following Survey Districts, viz., -
The Maungatua Survey District and the Waihola
Survey District, and terminating at or near a point
which is situated in Rural Section numbered 6
in Block XXI., Waihola Survey District, the said
point being about 24 chains, more or less, distant
from the westernmost corner of Rural Section
numbered 6 aforesaid, as the limits, description,
and line thereof are set forth in the plan, and
described in the book of reference referred to on
the face of the said plan, and which plan and book
are authenticated for the purposes of this Proclama-
tion by the signature of the Honorable Edward
Richardson, Minister for Public Works, to be
deposited in the office of the Registrar of the
Supreme Court at Dunedin, or within the limits of
deviation set forth in the said plan by dotted red
lines, being not more than 110 yards on either side
of the said line, and passing in, through, over or into
the several sections of land, roads, reserves, rivers,
and watercourses enumerated in the Second Schedule
hereto.
SECOND SCHEDULE,
OR BOOK OF REFERENCE.
Lands and Roads, &c., proposed to be taken for the
purposes of the portion of the Railway from
Dunedin to Clutha, hereinbefore described.
So much of the lands and roads hereinafter mentioned
as are required for the said portion of the said rail-
way along the line of the said railway hereinbefore
defined, or within the limits of deviation aforesaid,
as the lands are described and defined in the plan or
book of reference aforesaid.
MAUNGATUA SURVEY DISTRICT.
Block V., Rural Sections numbered 11, 14, 10,
9, 8, 7, 6, 15, 22, 21, 23, 24, Block VI., Rural
Sections numbered 78, 77, 1 of 76, 2 of 76, 75, 2 of
74, 1 of 74, 73, 79, 37, 53, 52, 2 of 36, 1 of 36, 35, 33,
29, 20, 19, Waihola River and branch thereof, and all
adjoining and intervening places, roads, streams,
and watercourses.
WAIHOLA SURVEY DISTRICT.
In Block XXI., Rural Sections numbered 8, 7, 6,
Waihola Creek, and all adjoining and intervening
places, roads, streams, and watercourses.
Given under the hand of His Excellency the
Right Honorable Sir James Fergusson,
Baronet, a Member of Her Majesty's
Most Honorable Privy Council, Governor
and Commander-in-Chief in and over Her
Majesty's Colony of New Zealand and its
Dependencies, and Vice-Admiral of the
same; and issued under the Seal of the
said Colony, at Auckland, this thirtieth
day of March, in the year of our Lord
one thousand eight hundred and seventy-
four.
EDWARD RICHARDSON.
GOD SAVE THE QUEEN!
Act of General Assembly not disallowed by the
Queen.
Colonial Secretary's Office,
Wellington, 10th April, 1874.
THE following Act, passed by the General Assembly
of New Zealand in the Session held in the
seventh year of the reign of Her Majesty Queen
Victoria, intituled
"The Immigrants Land Act, 1873,”
having been laid before the Queen, in conformity with
the provisions of the Constitution Act, His Excellency
the Governor has been informed by the Secretary of
State that Her Majesty will not be advised to exer-
cise her power of disallowance with respect to that
Act.
WILLIAM H. REYNOLDS,
(in absence of the Colonial Secretary).
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Proclamation defining limits for Dunedin to Clutha Railway portion
(continued from previous page)
🏗️ Infrastructure & Public Works30 March 1874
Railway construction, Land acquisition, Dunedin to Clutha, Otago Province, Proclamation, Survey Districts, Maungatua, Waihola
- Sir James Fergusson, Baronet, Governor of the Colony of New Zealand
- Edward Richardson, Minister for Public Works
🏛️ Notification regarding The Immigrants Land Act, 1873 not disallowed
🏛️ Governance & Central Administration10 April 1874
Legislation, Disallowance, Immigrants Land Act 1873, Colonial Secretary
- William H. Reynolds (in absence of the Colonial Secretary)
NZ Gazette 1874, No 21