✨ Railway Proclamation Details




THE NEW ZEALAND GAZETTE. 869

clamation may refer to maps, plans, or drawings to
be deposited in the office of the Registrar or Deputy,
Registrar of the Supreme Court in the province in
which such railway or part thereof is proposed to be
constructed, and any maps, plans, or drawings so
referred to shall be deemed to form part of such
Proclamation; and upon the publication of such
Proclamation, the provisions and regulations con-
tained in the Seventh Part of the said Act shall be
applicable to the railway, and to the lands to which
the Proclamation shall relate: And it is also thereby
enacted that it shall be lawful for the Governor to
make, construct, and maintain any such railway as
aforesaid, with proper works, approaches, and con-
veniences connected therewith, commencing at the
place delineated on, and extending along the lines
set forth in, and terminating at a point described in
the Act or Proclamation proclaiming and defining
such railway, or shown in the maps, plans, or draw-
ings referred to in such Act or Proclamation: And
it is also thereby enacted that the Governor may
direct that any part of such line of railway may be
constructed on and along any part of any public
highway, and that any part of any such line of rail-
way may be constructed on or through any public
reserves: And it is also thereby enacted that, sub-
ject to the provisions of that Part of the said Act
and of the Acts incorporated therewith, the Governor
may exercise all or any of the powers by that Part of
the said Act or the said incorporated Acts conferred
upon him for the construction of any such railway,
and may enter upon, and cause to be entered upon,
all lands within the colony for the purpose of
making such surveys as may be necessary, and may
take and hold all the lands required for the railway
along the line set forth and described as aforesaid, or
within the limits of deviation described in the Pro-
clamation relating thereto, and may temporarily
occupy and use such lands as may be necessary on
either side of the railway, during the construction
thereof:

And whereas by "The Railways Act, 1871," "The
Railwas Act, 1872," "The Railways Act, 1873," and
"The Railways Act, 1874," it is enacted that the
Governor may, under the provisions of the herein-
before firstly recited Act and of the now reciting
Acts, construct and maintain, or cause to be con-
structed and maintained, the several lines of railway
specified therein; and it is also thereby enacted
that the line of the railways thereby authorized to be
constructed shall be fixed by the Governor, and shall
commence and terminate at points to be fixed by the
Governor: And whereas by "The Immigration and
Public Works Act, 1872," it is enacted that as to
any railway which the Governor has been authorized
to construct, and to fix the commencing and termina-
tion points and line thereof, it shall be competent for
him, if he thinks fit, instead of fixing and proclaiming
such points and the whole line at one time, to fix and
proclaim portions of such line from time to time, and
the commencing and termination points of any such
portion or portions, and the limits and description of
any such portion or portions, and the lands proposed
to be taken for the purpose of any such portion or
portions, and to construct any portion or portions so
fixed, and to take the lands for the same; and any
such portion so proclaimed shall be deemed to be a
railway within the meaning of the said Act and the
said amending Act and this Act:

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 por-

tions 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,
notwithstanding 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
construct and maintain a portion of the railway
from Waipukurau to Manawatu, authorized to be
constructed by "The Railways Act, 1874:"

Now therefore, I, the Most Honorable George
Augustus Constantine, Marquis of Normanby, the
Administrator of the Government 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 Block 16, Crown
Grant District of Waipukurau, in the Province of
Hawke's Bay, the said point being the point of ter-
mination of a portion of the railway from Napier to
Waipukurau, as described in a Proclamation dated
the sixth day of January, 1874, and published in the
New Zealand Gazette, No. 1, of January 8th, 1874,
and the point of termination thereof to be at or near
a point which is situated in Native land in the
Ruataniwha Crown Grant District, in the same pro-
vince, the said point being about 20 chains, more or
less, north of the Takapau Pa.

FIRST SCHEDULE.

Limits, Description, Line, and Limits of Deviation
of a portion of the Waipukurau to Manawatu
Railway, in the Province of Hawke's Bay.

COMMENCING at or near a point which is situated in
Block 16, Crown Grant District of Waipukurau, the
said point being the point of termination of a por-
tion of the railway from Napier to Waipukurau, as
described in a Proclamation dated the sixth day of
January, 1874, and published in the New Zealand
Gazette, No. 1, of January 8th, 1874, and passing
in, through, over, or into the following territorial
divisions, viz. The Waipukurau Crown Grant Dis-
trict and the Ruataniwha Crown Grant District,
and terminating at or near a point which is
situated in Native land in the Ruataniwha Crown
Grant District, the said point being about 20 chains,



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1874, No 69





✨ LLM interpretation of page content

πŸ—οΈ Proclamation defining line for Waipukurau to Manawatu Railway portion (continued from previous page)

πŸ—οΈ Infrastructure & Public Works
Railway construction, Waipukurau, Manawatu, Land taking, Proclamation, Hawke's Bay, Ruataniwha, Schedule
  • George Augustus Constantine, Marquis of Normanby, Administrator of the Government of the Colony of New Zealand