NEW ZEALAND

OTAGO

PROVINCIAL GOVERNMENT GAZETTE.

Published by Authority

Vol. XII. DUNEDIN, WEDNESDAY, JANUARY 8, 1868. No. 519.
[WITH SUPPLEMENT]

JAMES MACANDREW,
Superintendent of
the Province of
Otago.

ORDER IN COUNCIL,

Exempting from Mining Operations all Public Roads, Tracks, and Footpaths within the “Otago Gold Field.”

At the Provincial Government Buildings, Dunedin, the third day of December, one thousand eight hundred and sixty-seven.

Present:
His Honor the Superintendent;
The Provincial Secretary and Treasurer; and
Arthur John Burns, Esquire,
Members of the Executive Council of the Province of Otago.

WHEREAS Thomas Dick, Esquire, then Superintendent of the Province of Otago, by virtue and in exercise of the powers delegated to and vested in him in that behalf, did, by proclamation in the Government Gazette of the said Province, bearing date the twenty-ninth day of January last past, constitute and appoint all the territory therein described to be a Gold Field under the provisions of the “Gold Fields Act, 1866,” to be called “Otago Gold Field”: And

WHEREAS by “The Gold Fields Act Amendment Act, 1867,” it is enacted that within any Province in which by any Act or Ordinance it is provided that the Superintendent shall, in the administration of the government thereof, act by and with the advice and consent of an Executive Council, it shall be lawful for the Governor in Council, under his hand and under the Public Seal of the Colony, from time to time as occasion may require, to delegate to the Executive Government for the time being of such Province, subject or not to any restrictions or limitations as he shall think fit, all or any of such powers vested in the Governor or the Governor in Council by the “Gold Fields Act, 1866,” and subject to its provisions, delegated unto the Executive Government for the time being of the Province of Otago all such powers vested in the Governor or the Governor in Council by the said last-mentioned Act as, under or by virtue of the one hundred and ninth section of the said Act, may be delegated by the Governor in Council, and in like manner to revoke any such delegation: And whereas by an Ordinance of the Superintendent and Provincial Council of the Province of Otago, intituled the “Executive Council Ordinance, 1861,” it is provided that the Superintendent of the said Province shall, in the administration of the government thereof, act by and with the advice and consent of an Executive Council: And whereas the Governor hath, with the advice and consent of the Executive Council of New Zealand, and in pursuance of the power and authority for that purpose vested in him by the “Gold Fields Act, 1866,” and subject to its provisions, delegated unto the Executive Government for the time being of the Province of Otago all such powers vested in the Governor or the Governor in Council by the said last-mentioned Act as, under or by virtue of the one hundred and ninth section of the said last-mentioned Act, may be delegated by the Governor in Council, to have, hold, and exercise the said powers within the said Province of Otago: And whereas by Clause X. of the “Gold Fields Act, 1866,” it is enacted that it shall be lawful for the Governor in Council at any time, either by a particular or general description, to exempt from occupation for mining purposes, or for residence, or for business, under any Miner’s Right or Business Licence, any specific portion of Crown Lands within a Gold Field: And whereas it is deemed necessary to exempt from occupation for mining purposes, or for residence, or for business, under any Miner’s Right or Business Licence, all public roads, bridle-tracks, and footpaths within the said “Otago Gold Field,” being Crown Land:

Now, therefore, his Honor James Macandrew, Esquire, Superintendent of the Province of Otago, by and with the advice and consent of the Executive Council of the said Province, doth hereby, in exercise of the powers delegated to the Executive Government of the said Province in this behalf by His Excellency the Governor of New Zealand in Council under the authority of “The Gold Fields Act Amendment Act, 1867,” declare that all public roads, bridle-tracks, and footpaths within the said “Otago Gold Field,” being Crown Land, shall, from and after the date hereof, be exempt from occupation for mining purposes, or for residence, or for business.