Canterbury Provincial Ordinances
3. The Diversion of Roads, Special, No 2 Ordinance 1870
[November 26th, 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 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 James Fraser Roberts of Akaroa hath conveyed the parcels of land
mentioned and described in the Schedule A to this Ordinance
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 parcels of land mentioned and described in the Schedule B to this Ordinance
should be given
to the said James Fraser Roberts in exchange for the parcels of
land conveyed by him 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. Parcel of land described in Schedule A to be a Public Highway.
From and after the passing of this Ordinance the parcels of land conveyed as
aforesaid by the said James Fraser Roberts and more particularly
the Schedule A hereto and coloured Pink on the plans hereunto annexed shall be
and remain for ever a Public Highway.
2. Public Roads described in Schedule B shall be closed up and land conveyed to James Fraser Roberts.
From and after the passing of this Ordinance the Public Roads passing over
the parcels of land described in the Schedule B hereto
and coloured Green on the
Plan hereto annexed shall be closed up and the said parcels of land shall be
granted to the said James
Fraser Roberts his heirs and assigns for ever in
exchange for the parcel of Land conveyed by him as aforesaid.
This Ordinance shall be entituled and may be cited as “The Diversion of
Roads Special Ordinance No. 2 1870.”
Schedules. Schedule A.
All that Piece or Parcel of land one chain wide containing by admeasurement
two acres two roods and twenty perches more or less being
part of Section No.
1752 the centre line of which commences at a point on the Western boundary of
the said section situate about
seven chains from the Northern corner thereof and
running in a South-westerly and South- easterly direction a distance of
chains twenty links to a point on the Southern boundary of the same
section being about one chain from its South-eastern corner.
All that Piece or Parcel of Land one chain wide containing by admeasurement
two acres two roods and thirteen perches more or less
being that portion of the
road separating Section No. 1752 from the northern corner of Section 1752 to a
point in line with the Southern
boundary of Section No. 585.
All that Piece or Parcel of Land one chain wide containing by admeasurement two acres three roods and twenty-six perches more or less being that portion of the road separating Section No. 1752 from Sections 5612, 768, 4140, and 3675 extending from the Easternmost corner of Section No. 3675 to a point on the Eastern boundary of the aforesaid Section No. 5612 situate about nine chains fifty links from the Southernmost corner thereof Save except that part of the road above described situate opposite to the South-eastern corner of the aforesaid section 5612 required for the new line of road passing through Section No. 1752 and coloured Brown on the Plan annexed to this Ordinance.