Diversion of Roads Special Ordinance No. 7 1875

Whereas by an Act of the General Assembly of New Zealand intituled "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 exchanged:

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 Sub-section 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 then was or hereafter should be a public street road highway or thoroughfare:

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And whereas it is for the public benefit that parcels of land described in the first column of the Schedule hereto should become a public highway in lieu of the parcels of land described in the second column of the said Schedule and that the last-mentioned parcels of land should cease to be a public road and should be granted in exchange for the first mentioned parcel of land in manner hereinafter mentioned:

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

1. When lands described in first column of Schedule have been conveyed to Superintendent the public highway shall be stopped up.

When and so soon as all the parcels of land described in the first column of the Schedule hereto shall have been conveyed to the Superintendent and his successors for a public road the same shall be and remain for ever a public highway and the public highway passing over the parcels of land described in the second column of the said Schedule shall be stopped up.

2. When lands described in first column of Schedule have been so conveyed lands described in second column shall be granted in fee to persons conveying same.

When and so soon as all the parcels of land described in the first column of the said Schedule shall have been so conveyed as aforesaid the parcel of land described in the second column of the said Schedule shall be granted in fee to the person or persons transferring the parcel of land described in the first column in exchange for the land conveyed by him.

This Ordinance shall be intituled and may be cited as “The Diversion of Roads Special Ordinance No. 7, 1875.”

First Column.

Second Column.

Description of land to be dedicated as a public road, being part of Rural Section

11300

All that piece or parcel of land containing by admeasurement 19 perches more or less being part of rural section No. 11300 commencing at a point on the northern side of the Old Okain’s Bay Road 218 links east of its junction with the Spur Road thence easterly along the first mentioned road 1 chain 32 links thence northerly by a line bearing 347 deg. (mag.) a distance of 2 chains to the

Valley Road forming the north-western boundary of section 11300 thence southerly and westerly along the latter road to a point distant one chain from and measured at right angles to the eastern boundary and from thence returning by a straight line 1 chain 32 links to the commencing point.

Road to be abandoned
All that piece or parcel of land containing by admeasurement 28 perches more or less being that portion of the Valley Road forming the north-western boundary of section No. 11300 bounded on the southward by that section on the northward by section 11299 on the westward by the Spur Road and on the eastward by a line bearing 347 deg. (mag.) drawn from a point on the northern side of the Old Okain’s Bay Road situated 218 links from its junction with the Spur Road before mentioned.

Canterbury Provincial Ordinances

Diversion of Roads Special Ordinance No. 7 1875