✨ Land Taking Proclamation




48

THE NEW ZEALAND GAZETTE.

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 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 lands required to be taken;
and if after due consideration the said Minister 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 shall lay before
the Governor a memorial containing an accurate de-
scription of the lands proposed to be taken, together
with a map thereof, signed by the Surveyor-General
or some certificated surveyor as evidence of the
accuracy 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 lands
therein specified shall become absolutely vested in
fee-simple in Her Majesty, discharged from all mort-
gages, charges, claims, estates, or interests of what
kind soever, for the public use named in the said
Proclamation:

And whereas the Minister for Public Works has
laid before me the above memorial and the map
therein referred to, containing an accurate description
of the lands proposed to be taken under the authority
of the said "Public Works Act, 1876," for a certain
public work-to wit, the construction of a portion of
the railway from Napier to a junction with the rail-
way from New Plymouth to Waitara of Sentry Hill
(Waitotara contract):

And whereas all the requirements and conditions
prescribed by the said Act prior to the taking of such
lands have been duly performed and fulfilled, and all
things have happened and been done to enable this
Proclamation to be issued:

Now, therefore, I, George Augustus Constantine,
Marquis of Normanby, Governor of the Colony of
New Zealand, by and with the advice and consent of
the Executive Council of the said colony, 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 pro-
claim and declare that the lands described in the
memorial above written, and shown on the plan
thereto attached, are hereby taken for the purposes
of a railway; and that, from and after the day of the
date hereof, the lands described in the Schedule
hereto shall become absolutely vested in fee-simple
in Her Majesty, discharged from all mortgages,
charges, claims, estates, and interests of what kind
soever, for use as as a railway.

SCHEDULE.

COMMENCING at a point on Okehu Stream or Creek
in a north-easterly direction from north-east corner
of Section 51, Waitotara Block, at a distance of
992 links therefrom; thence by lines north-easterly
1227, 1282, 485, 957, 867, 360, 995, 147, 449, 639,
809, 289, 3437, 978, and 426 links; thence northerly
622 and 680 links; thence north-easterly 300 links;
thence northerly 553, 407, 655, 573, and 614 links;
thence north-easterly 389, 973, and 1393 links; thence
south-easterly 50 links, thence north-easterly 567,

262, and 392 links; thence southerly 100 links,
thence south-westerly 285, 424, and 463 links;
thence south-easterly 50 links, thence south-westerly
2318 and 464 links; thence southerly 440, 478, 635,
465, 694, 642, and 910 links; thence south-westerly
284, 323, 801, 3745, 898, 251, 418, 401, 1533, 618,
318, 693, 520, 1087, 532, and 877 links; thence
northerly 168 links to point of commencement:
containing 39 acres 1 rood 28 perches, more or less.

Commencing at a point on Okehu Stream or Creek
in a north-easterly direction from north-east corner
of Section 51, at a distance of 992 links therefrom;
thence south-easterly by said creek 168 links, thence
westerly 590 and 191 links, thence north-westerly
674, 420, 590, and 617 links; thence northerly 434,
469, 653, and 542 links; thence westerly 400, 515,
625, and 272 links; thence south-westerly 443 and
452 links, thence westerly 895, 678, and 154 links to
road boundary; thence northerly by said boundary
153 links, thence easterly 232, 477, 960, and 320
links; thence north-easterly 645, 661, 374, and 540
links; thence south-easterly 535, 529, and 365 links;
thence south-westerly 492 and 447 links, thence
south-easterly 362, 521, 418, 352, and 360 links to
Okehu Creek; thence following down said creek to
point of commencement: containing 27 acres 3
perches, more or less.

Commencing at a point on western boundary north
2678 links from south-west corner of said subdivision
of Section 42, thence easterly 1534, 354, and 379
links; thence northerly 114 links, thence westerly
98, 484, 476, and 1211 links to boundary between
J. Handley and R. Pharazyn; thence southerly 100
links to point of commencement: containing 2 acres
2 roods 5 perches, more or less.

Commencing at a point on western boundary of
Brighton Road north-westerly from Trig. A at a dis-
tance of 3855 links, thence by southern boundary of
road diversion 121 and 560 links, thence northerly
50 links, thence south-westerly 1501 links, thence
northerly 50 links, thence south-westerly 520 links,
thence northerly 114 links, thence north-easterly
464 links, thence northerly 50 links, thence north-
easterly 1501 links, thence northerly 50 links, thence
north-easterly along northern boundary of road
diversion 871 links to western boundary of Brighton
Road, thence southerly by said boundary 114, 161,
and 103 links to point of commencement; containing
5 acres 3 roods 11 perches, more or less.

Commencing at a point on boundary between
Sections 42 and 44 at 2159 links northerly from
south-east corner of Section 44, thence easterly
781 links, thence south-easterly 2614, 400, 428,
346, 1890, 374, and 1759 links, thence easterly 296,
1986, and 1641 links, thence northerly 50 links,
thence easterly 1774 and 1016 links, thence north-
easterly 939 links, thence easterly 457, 1130, 383,
364, 613, and 2239 links to boundary between J.
Handley and R. Pharazyn; thence northerly 100
links, thence westerly 1988, 836, 594, 1369, and 735
links; thence south-westerly 991 links, thence
westerly 415, 661, and 1352 links; thence northerly
50 links, thence westerly 2342, 692, 329, 407, and
439 links; thence north-westerly 1166, 433, 456,
1968, 490, and 3406 links; thence westerly 367 and
69 links to boundary between Sections 42 and 44,
thence southerly 1883 links to point of commence-
ment: containing 31 acres 2 roods 14 perches, more
or less.

Commencing at a point 2159 links on boundary
between Sections 42 and 44 from north-east corner
of Section 64 northerly, thence by lines westerly
324 and 2353 links, thence southerly 50 links, thence
westerly 400 links, thence northerly 50 links, thence
westerly 1807 links to subdivision boundary between
R. Pharazyn and W. Lowes, thence northerly by



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1879, No 5





✨ LLM interpretation of page content

πŸ—οΈ Proclamation taking land for Napier to Waitara Railway construction (continued from previous page)

πŸ—οΈ Infrastructure & Public Works
Land acquisition, Public Works Act 1876, Railway construction, Proclamation, Land Survey, Waitotara
  • J. Handley, Land boundary owner/occupier
  • R. Pharazyn, Land boundary owner/occupier
  • J. Handley, Land boundary owner/occupier
  • R. Pharazyn, Land boundary owner/occupier
  • W. Lowes, Land boundary owner/occupier

  • George Augustus Constantine, Marquis of Normanby, Governor of the Colony of New Zealand