β¨ Railway Land Acquisition Proclamation
THE NEW ZEALAND GAZETTE. 535
or parts thereof, and acquire the necessary engines,
plant, and machinery for working and using the same,
or any of them: And it is also thereby enacted that,
whenever the Governor shall determine to construct
any such railway, or any part thereof, it shall be
lawful for him, by Proclamation published in the New
Zealand Gazette, to declare and define the limits and
description and line thereof, and the lands proposed
to be taken for the purpose of such railway, subject
to the provisions of any Act defining such limits and
descriptions ; and any such Proclamation 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 contained 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 conveniences 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 proclaim-
ing and defining such railway, or shown in the maps,
plans, or drawings 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 railway may be constructed on or through
any public reserves: And it is also thereby enacted
that, subject 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 Proclamation relating thereto, and may tem-
porarily 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, 1870,"
"The Railways Act, 1871," "The Railways Act,
1872," "The Railways Act, 1873," and "The Rail-
ways Act, 1874," it is enacted that the Governor
may, under the provisions of the hereinbefore
firstly recited Act and of the now reciting Acts,
construct and maintain, or cause to be constructed
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 con-
structed 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 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, 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 did, on the eleventh
day of September, one thousand eight hundred and
seventy-two, by Proclamation issued in the New
Zealand Gazette of the nineteenth of the said month
of September, one thousand eight hundred and
seventy-two, declare his intention to construct and
maintain a railway from Picton to the north bank of
the Omaka River, in the Town of Blenheim :
And whereas the Governor has determined to
construct and maintain a further portion of the
railway from Picton to Blenheim, authorized to be
constructed by "The Railways Act, 1871," and
"The Railways Act, 1872," which said portion is
hereinafter described :
Now therefore, I, the Most Honorable George Au-
gustus Constantine, Marquis of Normanby, Governor
of the Colony of New Zealand, in exercise and pur-
suance 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
further 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 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 commencement of
the said further portion of the said railway to be at or
near a point of the Picton and Blenheim Railway which
is marked 16 miles 60 chains, and situated in Section
37 in the Wairau West District, in the Province of
Marlborough, and the point of termination thereof to
be at or near a point which is situated in Lot 74 of
Section 1 in the Omaka District, in the Town of
Blenheim, in the same Province, the said point being
about 4 chains, more or less, south of the southern
bank of the Omaka River.
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β¨ LLM interpretation of page content
ποΈ
Start of Proclamation regarding land for Picton to Blenheim Railway portion.
(continued from previous page)
ποΈ Infrastructure & Public WorksRailway construction, Land acquisition, Picton, Blenheim, Omaka River
- George Augustus Constantine, Marquis of Normanby, Governor of the Colony of New Zealand
NZ Gazette 1875, No 46