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Canterbury Provincial Ordinances |
3. The Gorse Ordinance 1861.
Whereas it is expedient that the practice of growing Gorse within the limits
of towns in the Province of Canterbury should be discouraged:
Be it therefore enacted by the Superintendent of the said Province, by and
with the advice and consent of the Provincial Council thereof,
as
follows:
1. Penalty not exceeding Twenty Pounds to be incurred on infringement of this Ordinance.
Every Occupier of any land or premises within the limits of a town, who shall, after the First day of July, 1861, suffer any gorse to be planted, or suffer any gorse already planted to remain on such land or premises nearer than fifty links to any building occupied by himself or any other person, shall be liable to a
penalty of not more than Twenty Pounds to be recovered in a summary way; and
every twenty-four hours during which such gorse shall
be, or remain on any such
land or premises, shall constitute a distinct offence.
2. Occupier of any premises to be at liberty to act according to the provisions of this Ordinance, provided that substitution be made for such gorse fences.
Every such Occupier shall (any terms of his tenure notwithstanding) be at liberty to cut down and remove so much gorse on such land or premises as may be
necessary for his compliance with the first Section of this Ordinance,
without incurring any liability to the Owner thereof in respect
of any such
cutting down or removal: Provided that in every case where the gorse so cut
down shall have been used as a fence and
where such Occupier is Tenant under a
term having five years or more from the First day of July, one thousand eight
hundred and sixty-one,
unexpired, the provision lastly hereinbefore contained
shall not exempt such Occupier from liability, unless he shall, within such
unexpired term, put up and erect, in lieu of such gorse, a fence which shall be
one of the fences enumerated in the Schedule to this
Ordinance. And every such
fence so put up and erected as aforesaid, shall, as regards any covenants
relating to such gorse fence
on the part of the person removing the same, be
construed and taken to besuch gorse fence.
3. Term “town” defined.
The term "town" in this Ordinance shall include the towns described in Schedule
B to this Ordinance, and all other towns or townships which have been
hitherto or may be proclaimed by the said Superintendent, by
and with the advice
and consent of the said Provincial Council.
4. Title.
This Ordinance shall be entituled and may be cited as "The Gorse Ordinance,
Session XIV., No. 3."
Schedule A.
1. A post and rail fence, at least three feet six inches in height, of
substantial materials, firmly erected, of not less than two
rails, with no
greater distance between the rails at any one point than one foot nine inches,
and the posts not more than eight feet
six inches asunder.
2. A substantial upright paling, at least three feet six inches in
height.
3. A substantial wire fence, at least four feet in height, not having less
than four wires tightly stretched, and kept painted of
a white colour, and the
posts of which are not further than twelve from each other.
4. A substantial iron hurdle, at least four feet in height, and kept painted
of a white colour.
5. A bank or wall of substantial materials, at least four feet in height, of
which the slope is not more than one foot from the perpendicular
on the outer
side thereof.
6. A close and sufficient live fence, at least four feet in height.
7. Any combination of fences of the above kind, at least four feet in
height.
Schedule B.
List of Towns to which this Ordinance refers.
The town of Christchurch, as set forth in the Map of the Chief Surveyor of the
Province of Canterbury, including the town reserves.
The town of Lyttelton, bounded on the north by the summit of the range of hills on the north side of Lyttelton Harbour; on the east and west by lines drawn due
north and south through the easternmost and westernmost points respectively
of the boundary of the said town, as shewn on the Map
of the Chief Surveyor of
the Province of Canterbury; and on the south by low-water mark, including also
the town reserve.
The town of Akaroa, set forth in the Proclamation of the Superintendent of
the said Province, bearing date 1st May, 1856.
The town of Kaiapoi, as set forth in the Schedule to "The Kaiapoi Town
Ordinance, Session VII, No. 7."
Notes.
This Ordinance was passed by the Canterbury Provincial Council on the 3rd
January 1861, and was assented to by the Superintendent on the 15th January
1861.
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URL: http://www.nzlii.org/nz/legis/can_ord/go1860133