Land Taking Proclamation




880
THE NEW ZEALAND GAZETTE.

eighteenth day of June, in the year
of our Lord one thousand eight hundred
and seventy-eight.
J. MACANDREW.

GOD SAVE THE QUEEN!

Land taken for a Road through Lot 122, Block VII.,
Otahuhu Survey District, Parish of Pakuranga,
County of Manukau.

To the Most Honorable the Marquis of Normanby,
Governor, &c., &c.
MAY it please your Excellency,—
The memorial of the East Tamaki Road Board,
which showeth :—

  1. That the original Government road bounded by
    Lot 122, Pakuranga, is traversed by a deep fresh-
    water creek, as shown by the accompanying plan,
    rendering it quite impassable, and beyond the means
    of the Board to erect bridges, or to make it passable
    for public traffic.
  2. That by deviating on part of Lot 122, as shown
    in plan, a good and practicable road can be made at
    comparatively little expense.
  3. That all the requirements of the Act have so
    far been complied with, and no objections have been
    made; and that the Board, after due consideration, is
    of opinion that the proposed road should be made
    forthwith, and that no private injury will be done
    thereby, for which compensation is not provided by
    the Act.

Your memorialists therefore pray that your Ex-
cellency will be pleased to proclaim it as land taken
for a public road, in accordance with section 25 of
Part II. of "The Public Works Act, 1876."

DESCRIPTION.

ALL that parcel of land in the Provincial District of
Auckland, in the Colony of New Zealand, containing
by admeasurement one acre three roods and ten
perches, more or less, situated in the Parish of Paku-
ranga, in the Otahuhu Survey District, and being a
portion of Allotment No. (122) one hundred and
twenty-two. Bounded towards the North-east, East,
and South-east by other portion of Allotment No.
(122) one hundred and twenty-two (1152), one
thousand one hundred and fifty-two links; and to-
wards the West by a road line (896), eight hundred
and ninety-six links.

Given under my hand, at East Tamaki, this 6th
day of April, 1878.
(L.S.) JOHN MCGECHIE,
Chairman of the East Tamaki Road Board,
County Manakau.

Sealed and signed in accordance with a resolution
of the Board in presence of—
THOMAS ROWE,
JOHN MACKY, jun.,
ROBERT STIMPSON,
WILLIAM BOVAIRD,
Trustees of East Tamaki Road Board.

(L.S.) NORMANBY, Governor.

A PROCLAMATION.
WHEREAS by "The Public Works Act, 1876,"
it is enacted that, whenever lands are required
to be taken for public works, the Minister for Public
Works, in the case of Government works, and the
County Council or Road Board, in the case of county
or district works, shall cause a survey to be made
and plans to be prepared showing generally the
nature of the works proposed to be executed and the
lands required to be taken for the same, together
with the names of the owners and occupiers of such
lands so far as they can be ascertained, and shall
cause a copy of such plans to be deposited in some
place in the road district in which such lands are:
And it is further enacted that the said Minister in
the case of Government works, and the County
Council or Road Board in the case of county works
or district works, shall cause a notice to be gazetted,
and to be twice publicly notified, stating the place
where such plans are open for inspection, with a
general description of the works proposed to be
executed and of the land required to be taken, and
in such notice shall call upon all persons affected to
set forth in writing any well-founded objections to
the execution of such works or to the taking of such
lands, and to send such writing within forty days
from the first publication of such notice to the said
Minister, or to the County Council or Road Board,
as the case may be: And it is further enacted that
the Minister for Public Works, the County Council,
or Road Board, as the case may be, shall cause a copy
of such notice and description to be served upon the
said owners and occupiers so far as they can be ascer-
tained; and that the said Minister in the case of
Government works, the Council in the case of county,
and the Board in the case of district works, shall,
upon receiving any objection, appoint a time and
place within the colony within which the objector
may appear before the said Minister or some person
appointed by him in the case of Government works,
before the Council in the case of county, or before
the Board in the case of district works, and support
the objection by such evidence as the objector thinks
fit; and that, if within the said forty days no such
objection is made, or if after due consideration of
such objections the said Minister, or the County
Council, or Road Board, as the case may be, is
of opinion that it is expedient that the proposed
works should be executed, and that no private injury
will be done thereby for which due compensation is
not provided by the Act now in recital, the land
proposed to be taken shall be taken in the following
manner—that is to say, the said Minister, or the
County Council, or Road Board, shall lay before the
Governor a memorial containing an accurate descrip-
tion of the land proposed to be taken, together with
a map thereof, signed by the Surveyor-General or
some certificated surveyor as evidence of the accu-
racy thereof; and the Governor in Council may
thereupon, if he think fit, by Proclamation gazetted
and publicly notified, declare that the said lands are
taken for the use of a railway, road, or other public.
work, as the case may be; and from and after a date
to be named in the said Proclamation the land therein
specified shall become absolutely vested in fee-simple
in Her Majesty, discharged from all mortgages,
charges, claims, estates, or interests of what kind
soever, for the public use named in the said Pro-
clamation:

And whereas the land described in the memorial
above written, and shown on the map or plan
attached thereto marked P.W.D. 6408, is required
to be taken under the authority of the said "Public
Works Act, 1876," for a certain public work—to wit,
the construction of a road through Lot 122, Block
VII., Otahuhu Survey District, Parish of Pakuranga,
County of Manakau:

And whereas all the requirements and conditions
prescribed by the said Act prior to the taking of
such land have been duly performed and fulfilled:

Now, therefore, I, George Augustus Constantine,
Marquis of Normanby, Governor of New Zealand, in
exercise and pursuance of the power and authority in
me vested by the said Act, and of any other power
and authority enabling me in that behalf, do hereby
proclaim and declare that the land described in the
memorial above written, and shown on the plan
thereto attached, is hereby taken for the purposes



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1878, No 58





✨ LLM interpretation of page content

🏗️ Proclamation taking land for a public road in Otahuhu

🏗️ Infrastructure & Public Works
6 April 1878
Road construction, Land acquisition, East Tamaki Road Board, Manukau County, Public Works Act, Otahuhu
  • John McGechie, Chairman of the East Tamaki Road Board, County Manakau
  • Thomas Rowe, Trustee of East Tamaki Road Board
  • John Macky, jun., Trustee of East Tamaki Road Board
  • Robert Stimpson, Trustee of East Tamaki Road Board
  • William Bovaird, Trustee of East Tamaki Road Board
  • George Augustus Constantine, Marquis of Normanby, Governor of New Zealand