✨ Provincial Land Acquisition Rules
72
TARANAKI GOVERNMENT GAZETTE.
the other objects (if any) of such Bill, and shall describe the land intended to be taken by every such Bill; and shall state the names of the townships or districts from, in, through, or into which the work or undertaking is intended to be made, maintained, varied, extended, or enlarged; and shall state the time and place of deposit of the plans, sections, and books of reference respectively, at the office hereafter specified.
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Such notice shall be published once in the Government Gazette of the Province, and once a week for three consecutive weeks in one of the local newspapers circulating within the Province; and the first of such notices shall be published not less than one and not more than two calendar months before the introduction of such Bill into the Provincial Council.
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Three calendar months at least before the introduction of such Bill into the Provincial Council, application must be made to the owners or reputed owners, lessees or reputed lessees, and occupiers of all lands and houses so intended to be taken, or which may be taken as being within the limits of deviation defined upon the plan; and such application shall be as nearly as may be in the form or to the effect set forth in the Appendix marked A.
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Such application shall be made by delivering the same personally to every such party, or by leaving the same at his usual place of abode, or in his absence from the Province with his agent, before the three calendar months aforesaid, or by forwarding the same by post, in a registered letter, addressed with a sufficient direction to his usual place of abode, and posted before the time aforesaid at some Post Office in the Province, at such hours and according to such regulations as may from time to time be in force for the posting and registration of letters: Provided always that if the place of abode of any such party cannot after reasonable inquiry be found, and if it cannot after reasonable inquiry be found that any such party has any agent within the Province, such application may be made by leaving the same on some conspicuous part of the land proposed to be taken before the three calendar months aforesaid.
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In all cases the written acknowledgement of the party applied to shall, in the absence of other proof, be sufficient evidence of an application having been made; and in case of an application or notice having been forwarded by post in a registered letter, the production of the Post Office receipt for such letter, duly stamped, shall be sufficient evidence of the due delivery of such letter, provided it shall appear that the same was properly and sufficiently directed, and that the same was not returned by the Post Office as undelivered.
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Separate lists shall be made of the names of such owners, lessees, and occupiers, distinguishing those who have assented, dissented, or are neutral in respect to such application, or who have returned no answer thereto; and where no written acknowledgement has been returned to an application forwarded by post, or where such application has been returned as undelivered at any time before the making up of such lists, the direction of the letter in which the same was so forwarded shall be inserted therein.
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No notice served or application made on a Sunday, Good Friday, or Christmas Day, or before eight o’clock in the forenoon or after eight o’clock in the afternoon of any day, shall be deemed valid, except in the case of delivery of letters by post.
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Plans, books of reference, and sections relating to the work or undertaking, and to the land proposed to be taken, shall be deposited for public inspection at the office of the Superintendent one calendar month at least before the commencement of the Session in which any Bill shall be introduced. Such plans, books of reference, and sections shall be, as nearly as may be, of the same nature and description as would be required in similar cases by the Standing Orders of the General Assembly of New Zealand relative to Private Bills.
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All petitions for or against any such Bill shall be referred to the said Committee.
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No Bill shall be read a second time until the Committee have reported in writing under the hand of their Chairman that the preceding Standing Orders, numbered one to eleven inclusive, have been complied with.
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The word “Bill” in the foregoing Standing Orders shall mean a Bill for the compulsory purchase of land under “The Compulsory Land Taking Act, 1866.”
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Every Bill for the compulsory purchase of land, except as otherwise provided by these Standing Orders, shall be proceeded with as a Public Bill.
APPENDIX A.
To
Notice is hereby given to you, that application is intended to be made to the Provincial Council of Taranaki in the ensuing Session for an Ordinance, and that the property mentioned in the annexed Schedule, or some part thereof, in which you are supposed to be interested as therein stated, will or may be required
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✨ LLM interpretation of page content
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Approval of Provincial Compulsory Land Taking Rules
(continued from previous page)
🗺️ Lands, Settlement & Survey11 May 1871
Land acquisition, Provincial Council, Taranaki, Standing Rules
Taranaki Provincial Gazette 1871, No 16