Diversion of Roads Special Ordinance No. 8 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 parcels of land in the 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.”

Akaroa and Wainui Road District, Robinson’s Bay. B. Shadbolt (Head of the Bay, Akaroa.)

First Column.

Second Column.

Description of land to be dedicated as a public road

All that piece or parcel of land containing by admeasurement two roods thirty-one perches more or less being part of rural section No. 187 commencing at a point on the western boundary of that section the said point being situate two chains thirty-five links north of the southernmost corner thereof thence northerly along the aforesaid western boundary one chain fifteen links thence easterly by a straight line seven chains sixty-two links to a point on the Beach Road distant eight chains ten links from the aforesaid southernmost corner of section No. 187 thence south-westerly along the said Beach Road four chains sixty links thence northerly by a curve of fifty links radius a distance of one chain and from thence returning by a straight line three chains fifteen links to the commencing point and more particularly delineated and described by the plan hereunto annexed and coloured red thereon

All that piece or parcel of land containing by admeasurement one rood one perch more or less being that portion of the road dividing sections Nos. 187 and 571 commencing at the junction of the western side of the road forming the western boundary of section No. 187 with the road reserved along high water mark thence north-easterly along the latter road to the southernmost corner of section No. 187 thence northerly along the western boundary thereof two chains thirty- five links thence westerly by a straight line to a point on the eastern boundary of the aforesaid section No. 571 distant three chains fifty-seven links north of the junction before mentioned and from thence returning along the said eastern boundary of section No. 571. to the commencing point and more particularly delineated and described by the plan hereunto annexed and coloured green thereon.

Canterbury Provincial Ordinances

Diversion of Roads Special Ordinance No. 8 1875