PWLA 1864

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New Zealand.

•\.NNO VICESIMO OCTAVO

'V I C 'r 0 It I £ REG I N £.


No.5.
---------------------------
. \NALYSIS.

Title. I 4.After publication .of 01',1e1' i:l Council, Go>el'aor
Preamble. may take lands.'
1. Sh.ort Title. 5. C.ompensation to be made in certain cases.
2. ~Ieaning of terms" puuli" works" and "lam1;." 6. Land retaken to he deemed "Vested in IIel'
3. G.o.CrIlOl' may .order ,,-ark, ts b.o undertaken. Majesty.

AN ACT ellablillg Land to be taken for Roads Title.


and other Public Purposes tllrough
Native alld other Districts of the
Colony. [13th Decernberr 1864.J
WHEREAS it is necessary for the civilization of certain parts of Preamble.
the Colony that Roads and other means of communication should l)e
constructed and maintained throughout the Colony and that power
should be vested in the Executive Government of the Colony to take
land for such purposes,
BE IT THEREFORE ENACTED by the General Assembly of New Zealand
in Parliament assemhled and l)y the authority thereof as follows :--
I. The Short Title of this Act shall he "The Puhlic Works Lands Short Title.
Act."
II. The terlll "public works" in this Act shall mean and include }Ieaning .of terms
roads bridO'es
b
andferrjes the word" lands" shall mean and •
include "Iuhds:'
"public: work," uncl
lands tenements and hereditaments whether held by N atlVe 01' other
owners and by whatsoever tenure and for whatsoever estate or interest
and all claims thereto.
III. It shall be lawful for the Governor by Order in Council to GOW1'llOr mn.y ol'del'
order that any public work to be defined in such Order shalll)e made. works to be undeI'-
. CounC1'1'III tIe
IV. Mter the publication of such Order III 1 Govern- After
taken.
'publicat~on .of
ment Gazette the Governor may compulsorily take and permanently wrnol'lllaytake
Ordcl' III CouncIl, Go-
lands.
hold all such lands as may he necessary for the construction of such
public work and may occupy any lands that may be required for tempo-
rary use during the constl'uction of such public 'work and may enter
upon any lands for the purposes of taking surveys or levels without
giving any notice or making any application to any person owning
such lands.
V. Providecl always that compensation shall be made to persons Comp~l:;i1iio~: to be
owning 01' occupying lands so taken and incidental thereto to be ascer- made Jll certam cases.
tained in manner following That is to say with respect to persons
holding land tmder title derived from the Crown in the manner pre-
scribed hy "The J,anns' Clauses Consoli({ation Act 1863" Ann with
28° VICTORI.fE No.5.

Public Works Land8.

respect to persons holding lands wherein the Native Title has not boon
extinguished to be ascertained in the manner and with the exceptions
and subject to the conditions and provisoes contained in "The New
Zealand Settlements' Act 1863" And for the purposes of this Act
the said last mentioned Act shall continue and be deemed to be in
operation notwithstanding the period prescril)ed by law for the termi-
nation thereof shall have arrived.
Land 80 hkon .to be VI. Every such public work and the land and soil thereof shall from
dee~ed ,ested III Her the date of such Order in Council be deemed to be vested in lIer Ma-
lb;esty. •
jesty her hell's and successors as part of the demesne lands of the Crown.

Printed under the authority of the New Zealand Go,ernmcllt, by JOSEPH L. VrILSO~, Goycrnment
Printer, Auckland

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