β¨ Railway Proclamation Details
306
THE NEW ZEALAND GAZETTE.
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
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 per-
manently 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
lawful, after such road shall have been surveyed, to
construct under the said Acts any railway, or any
part of any railway, on the road so surveyed, not-
withstanding that such road may not have been
made:
And whereas the Governor has determined to
construct and maintain a further portion of the rail-
way from Kaipara to Riverhead, authorized to be
constructed by "The Railways Act, 1871," and "The
Railways Act, 1874," which said portion is hereinafter
described:
Now therefore, I, George Augustus Constantine,
Marquis of Normanby, the Governor of the Colony
of New Zealand, in exercise and pursuance of the
powers and authorities conferred on me by the here-
inbefore 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 railway or further portion of the
said railway from Kaipara to Riverhead 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 further 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 commence-
ment of the said further portion of the said railway to
be at or near a point which is situated on the railway
from Kaipara to Riverhead, about 70 links, more or
less, distant in an easterly direction from the Eastern
Bank of the Kaipara River, and about 250 links, more
or less, distant in a southern direction from the northern
boundary of a Government Reserve in the Parish of
Kaukapakapa, in the Province of Auckland, and the
point of termination thereof to be at or near a point
which is situated in that portion of the Otamateanui
Block, Kaipara South, in the parish and province afore-
said, which adjoins the Awaroa Creek, the said point
being in an easterly direction about 250 links, more
or less, distant from the Eastern Bank of the Kaipara
River.
FIRST SCHEDULE.
Limits, Description, Line, and Limits of Deviation
of a portion of the Railway from Kaipara to
Riverhead, in the Province of Auckland.
COMMENCING at or near a point which is situated on
the railway from Kaipara to Riverhead about seventy
links, more or less, distant in an easterly direction
from the Eastern Bank of the Kaipara River, and
about two hundred and fifty links, more or less,
distant in a southern direction from the northern
boundary of a Government Reserve in the Parish of
Kaukapakapa, and passing in, through, over or into
the Parish of Kaukapakapa in the County of
Marsden, and terminating at or near a point which
is situated in that portion of the Otamateanui Block,
Kaipara South, which adjoins the Awaroa Creek,
the said point being in an easterly direction about
two hundred and fifty links, more or less, distant
from the eastern bank of the Kaipara River afore-
said, 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 Proclamation 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 Auckland, 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 places, lands, 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 Kai-
para to Riverhead, hereinbefore described.
So much of the lands and roads hereinafter men-
tioned as are required for the said portion of the said
railway 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
(marked A. 489) or book of reference aforesaid.
PARISH OF KAUKAPAKAPA.
Lands marked on plan "Government Reserve,"
"Te Kauri No. 1118," "Te Rewarewa No. 1120,"
the Awaroa Creek, the Otamateanui Block, Kaipara
South, and all adjoining and intervening places, lands,
roads, streams, and watercourses.
Given under the hand of His Excellency the
Most Honorable George Augustus Con-
stantine, Marquis of Normanby, Earl of
Mulgrave, Viscount Normanby, and
Baron Mulgrave of Mulgrave, all in the
County of York, in the Peerage of the
United Kingdom; and Baron Mulgrave
of New Ross, in the County of Wexford,
in the Peerage of Ireland; a Member of
Her Majesty's Most Honorable Privy
Council; Knight Commander of the Most
Distinguished Order of Saint Michael and
Saint George; 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
Christchurch, this thirtieth day of April,
in the year of our Lord one thousand
eight hundred and seventy-five.
EDWARD RICHARDSON.
GOD SAVE THE QUEEN!
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Detailed Proclamation defining line and limits for Kaipara to Riverhead Railway portion
(continued from previous page)
ποΈ Infrastructure & Public Works30 April 1875
Railway construction, Land acquisition, Proclamation, Kaipara, Riverhead, Limits of deviation, Public Works Act
- George Augustus Constantine, Marquis of Normanby, Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies
- Honourable Edward Richardson, Minister for Public Works
NZ Gazette 1875, No 25