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Diversion of Roads Special Ordinance 1868

1. The Diversion of Roads, Special Ordinance 1868.

Whereas by an Act of the General Assembly of New Zealand entituled "The Highways and Watercourses Diversion Act, 1858," it is enacted that it shall be lawful for the Superintendent of any Province, with the advice and consent of the Provincial Council thereof by any Law or Ordinance to be made or ordained for that purpose to authorise and empower the Superintendent to divert or stop up any public street road highway or thoroughfare in any such Province and also to exchange the land over which any such public street road highway or thoroughfare was laid out or passed And also that it should be lawful for the Governor in the name and on behalf of Her Majesty to make and execute Crown Grants of any land which should be so sold exchanged or disposed of.

And whereas by an Act of the General Assembly of New Zealand intituled "The Provincial Council Powers Extension Act 1865" it is enacted that it shall be lawful for the Superintendent and Provincial Council of any Province and notwithstanding the restriction contained in the Tenth Subsection of the Nineteenth Section of the Constitution Act to ordain or pass any Law or Ordinance which but for such restriction might have been ordained or passed by such Superintendent and Council affecting any part of the Waste Lands of the Crown within the Province which there was or thereafter should be a public street road highway or thoroughfare.

And whereas it is for the public benefit that the parcels of land mentioned and described in the first column of the Schedule hereto should become Public Highways in lieu of the parcels of land mentioned and described in the second

column of the Schedule hereto and that the said last-mentioned parcels of land should cease to be Public Roads.

And whereas the persons respectively entitled thereto have conveyed the parcels of land mentioned in the first column of the Schedule hereto to the Superintendent of the Province of Canterbury and his successors upon trust for Public Highways and upon the treaty for the said conveyances it was agreed that the respective parcels of land mentioned in the second column of the said Schedule should be given to the respective persons so conveying in exchange for the parcels of land conveyed by them respectively as aforesaid.

Be it therefore enacted by the Superintendent of the said Province of Canterbury, with the advice and consent of the Provincial Council thereof, as follows:

1. Parcels of Land described in Schedule to be Public Highway.

From and after the passing of this Ordinance the parcels of land conveyed as aforesaid and more particularly described in the first column of the Schedule hereto shall be and remain for ever Public Highways.

2. Roads to be closed up.

From and after the passing of this Ordinance the Public Roads passing over the parcels of land described in the second column of the Schedule hereto shall be closed up.

3. Parcels of Land, to whom to be granted.

Each parcel of land mentioned and described in the second column of the said Schedule shall be granted to the person or persons conveying the parcel of land mentioned and described and set opposite thereto in the first column to hold the same unto the person or persons so conveying their heirs and assigns for the same estate for which they held the parcel of land conveyed by them as aforesaid.

4. Title.

This Ordinance shall be entituled and may be cited as “The Diversion of Roads

Special Ordinance 1868.”

Schedule.

of the long straight portion of the road passing through the above- mentioned section on the westward by the continuation of the western side of the same road for a distance of one chain sixty- eight links.

Road through

Section 6937

Little River Road

Road through

Section 7662

Bounded on the northward by the southern bank of the Kakahu stream on the westward by the continuation of the western side of the road leading through Section
7662 for a distance of fifteen chains seventy-seven links on the eastward by a line parallel to and one chain distant from the western boundary and also by the western side of the present road passing through Section No. 6937 above mentioned.



All that piece or parcel of land being part of Rural Section 6647 bounded on the northward and southward by the northern and southern boundaries respectively
of the above-mentioned section on the westward by the Reserve for Mr. White’s Tramway and on the eastward by a line parallel to and one chain distant from the last- described boundary.



Bounded on the northward for a distance of two chains thirty-eight links by the said section on the eastward by the Kakahu stream and on the westward by the continuation of the eastern side of the long straight portion of the road above mentioned and on the southward by a line parallel to and

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one chain distant from the northern boundary.

Road through

Section 6937

Little River Road

Being that portion of the said road passing through Section No. 6937 extending from the southern bank of the Kakahu stream southerly until it is intersected by a line being
the continuation of the eastern side of the road passing through
Section 7662 the eastern boundary of this land being sixteen chains forty-six links in length.



All that piece or parcel of land being the road leading across Birdling’s Valley in front of Sections 2567 and 5501.

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