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Diversion of Roads Special Ordinance 1870

1. The Diversion of Roads Special Ordinance 1870

[23rd March, 1870.]

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 Schedule A to this Ordinance and delineated on the Plans hereto annexed and thereon coloured Pink should become Public Highways in lieu of the parcels of land mentioned and described in the Schedule B to this Ordinance and delineated on the Plans hereto annexed and thereon coloured Green 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 Schedule A to this Ordinance 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 Schedule B to this Ordinance 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 A to be Public Highways.

Parcels of land described in Schedule A to be Public Highways.

From and after the passing of this Ordinance the parcels of land conveyed as aforesaid and more particularly described in the Schedule A hereto and coloured Pink on the plans hereunto annexed shall be and remain for ever Public Highways.

2. Public Roads passing over lands described in Schedule B to be Closed up.

Public Roads passing over lands described in Schedule B to be Closed up.

From and after the passing of this Ordinance the Public Roads passing over the parcels of land described in Schedule B hereto and coloured Green on the Plans hereto annexed shall be closed up.

3. Parcels of land mentioned in Schedule B to be granted to persons conveying parcels of land mentioned in Schedule A.

Each parcel of land mentioned and described in Schedule B hereto and coloured Green on the Plans hereunto annexed 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. The Title.

This Ordinance shall be entituled and may be cited as “The Diversion of Roads Special Ordinance 1870.”

Schedule A. Plan No. 1.

All that piece or parcel of land one chain wide being part of section No. 7665 commencing on the northern boundary of the said section at a point situate four chains fifty links from the north-west corner thereof and running in a south- westerly direction a distance of about seven chains to the south-west corner of the same section.

Comprising 2 Roods 32 Perches.


Plan No. 2.

All that piece or parcel of land one chain wide being part of section 571 commencing at a point on the southern side of the Old Pigeon Bay Road situate about five chains from the western boundary of the said section and running south-easterly a distance of twenty-four chains eighty-four links to the Little River Road.

Comprising 2 Acres 1 Rood 37 Perches.


Plan No. 3.

All that piece or parcel of land one chain wide being part of section 571 commencing at a point on the western boundary of the said section one chain and fifty links from the north-western corner thereof and running in a south- easterly direction a distance of about seven chains to the old Pigeon Bay Road crossing the same at a point four chains and ninety links east of the western boundary of the said section.

Comprising 2 Roods 32 Perches.


All that piece or parcel of land one chain wide being part of section No. 5176 commencing on the northern boundary of the said section at a point situate about fifty links east of the north-western corner thereof and running in a south-easterly direction a distance of about seven chains to the northern boundary of section 6660 crossing that boundary at a point being five chains sixty links from the north-eastern corner of the latter section.

Comprising 2 Roods 32 Perches.


All that piece or parcel of land one chain wide being part of section 6660 commencing at a point on the northern boundary of the said section situate five chains sixty links from the north-eastern corner thereof and running in an easterly direction distance of about four chains fifty links to the western boundary of section 571 crossing that boundary at a point being one chain and fifty links from the north-western corner of the latter section.

Comprising 1 Rood 32 Perches.



Schedule B. Plan No. 1.

All that piece or parcel of land one chain wide being the road separating sections 7665 and 8997 and extending from the road forming the eastern boundary of these sections to the proposed new Akaroa road.

Comprising 3 Acres 2 Roods 4 Perches.


All that piece or parcel of land one chain wide being the continuation of the road separating sections 7665 and 8997 commencing at the proposed new Akaroa road and running along part of the western and northern boundaries of the first mentioned section a distance altogether on the average of eight chains ninety links.

Comprising 3 Roods 22 Perches.

Plan No. 2.

All that piece or parcel of land one chain wide being the road separating sections

8448 and 11387 and 8798 and 13749 extending from the road reserved along the beach to the old Pigeon Bay road.

Comprising 3 Acres 3 Roods 24 Perches.



Plan No. 3.

All that piece or parcel of land one chain wide being the road separating sections 11324 and 10445 bounded on the eastward by the new Akaroa road and on the westward by the old Pigeon Bay road

Comprising 1 Acre 3 Roods 17 Perches.


All that piece or parcel of land one chain wide being that portion of the old Pigeon Bay road within section 571 extending from the eastern boundary of the said section to the proposed new Akaroa road.

Comprising 2 Acres 3 Roods 8 Perches.


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