Cook and Waiapu Counties Property Adjustment Act 1892
Cook and Waiapu Counties Property Adjustment Act 1892
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Cook and Waiapu Counties Property Adjustment Act 1892
Cook and Waiapu Counties Property Adjustment Act 1892
Local Act |
1892 No 20 |
|
Date of assent |
8 October 1892 |
|
An Act to authorise a further Inquiry into the Engagements and Liabilities of the Cook and Waiapu Counties respectively.
Preamble.
WHEREAS under section thirty-two of “The Counties Act, 1886,”
an inquiry was held at Gisborne, in Cook County, in the year one thousand eight hundred and ninety, by the Assistant-Controller and Auditor, and an award made by him in respect of the engagements and liabilities of the Cook and Waiapu Counties respectively on their severance, and such award is final and cannot be appealed against: And whereas the notice given before the said inquiry was entered upon proved to be too limited to permit of the attendance of persons to represent the Waiapu County Council, by reason of difficulty of transit and the state of the roads, and the said Council could only be represented at such inquiry by a solicitor, with limited instructions transmitted by telegraph message:
And whereas the aforesaid Council, feeling aggrieved by the terms of the said award, which they feel conscious would have been modified had they been able to attend the inquiry, have petitioned the Legislative Council during the present session to investigate the subject-matter of their petition, and the Public Petitions Committee of the said Council, having investigated the allegations of the petition and taken evidence thereon, have reported that they find the main allegation of the petitioners proved, that sufficient notice was not afforded to the Waiapu Councillors to enable them to assemble at the time and place notified by the arbitrator, and recommended that the Government should take such steps under the circumstances as would be consonant with justice and equity to afford relief to the Waiapu County: And whereas this cannot be done -without legislation:
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act is “The Cook and Waiapu Counties Property Adjustment Act, 1892.”
2 Further inquiry and award to be made under Counties Act.
Notwithstanding anything contained in “The Counties Act, 1886,”
the Controller and Auditor-General, or such other person as the Governor may appoint, shall, as soon as conveniently may be after the passing of this Act, make an inquiry under section thirty-two of the Act last named, and shall make an award, taking into consideration the equities involved, as to the several matters in section thirty-one of such Act in so far as concerning the Cook and Waiapu Counties respectively, in the same manner and for all purposes as if no such inquiry and award had previously been made; and all provisions of “The Counties Act, 1886,”
shall apply in relation to the award authorised by this Act to be made, and in giving effect thereto, as if it had been an original award under the said Act.
The award made as mentioned in the recitals to this Act is hereby declared void, and all acts, matters, or things made, done, or performed under such award are hereby rescinded or revoked.
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Versions
Cook and Waiapu Counties Property Adjustment Act 1892
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