Boundaries of Provinces Act 1858
Boundaries of Provinces Act 1858
Boundaries of Provinces Act 1858
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Boundaries of Provinces Act 1858
Public Act |
1858 No 19 |
|
Date of assent |
3 July 1858 |
|
Contents
An Act to provide for ascertaining and defining the Boundaries of the several Provinces of New Zealand.
Preamble.
Whereas by a Proclamation, bearing date the 28th day of February, in the year 1853, given under the hand of Sir George Grey, the Governor of the Islands of New Zealand, and issued under the Public Seal thereof, the limits of the several Provinces of New Zealand were fixed and declared: And whereas disputes have already arisen between the Provinces of Canterbury and Otago as to the respective boundaries of those Provinces, and other disputes may hereafter arise as to the boundaries of some of the other Provinces of the Colony, and it is expedient that provision should be made for determining the same:
Be it therefore enacted by the General Assembly of New Zealand, in Parliament assembled, and by the authority of the same, as follows:—
I Governor may appoint Commissioners to ascertain boundaries.
Whenever, in consequence of any dispute or otherwise, the Governor shall deem it expedient that the boundaries of any one or more of the Provinces already or to be hereafter established, in the Colony of New Zealand should be ascertained and defined, it shall be lawful for the Governor at any time, and from time to time, by warrant under his hand, to nominate and appoint any person or persons, to be a Commissioner, or Commissioners, to ascertain and report upon such boundaries with a view to having the same defined.
II Governor may remove Commissioners and appoint others.
The Governor may from time to time remove any such Commissioner, and upon the removal, resignation, or death, of any such Commissioner, may nominate and appoint any other person in his place or stead.
III Duty of Commissioners to ascertain boundaries and report.
It shall be the duty of every such Commissioner, forthwith by survey, examination of witnesses, or otherwise, to ascertain the boundaries in reference to which he shall have been appointed as aforesaid, and to prepare and make out a Report clearly setting forth such boundaries, and to transmit to the Colonial Secretary such report together with any evidence that may have been taken, and all other explanatory information.
IV Report, &c., to be submitted to Governor in Council, and if boundaries approved of, to be proclaimed accordingly.
Such Report, evidence, and other information, shall be submitted to the Governor and Executive Council, and if the boundaries set forth in such Report shall be approved of by them the Governor shall by Proclamation declare that the boundaries so set forth in such report shall be, and the same shall be deemed and taken for all purposes whatsoever to be the boundaries of the Province, to which the same may relate, and to have been the boundaries thereof from the day on which such Province was established.
V If report disapproved of, new proceedings may be taken under this Act.
If the Governor and Council shall not approve of the boundaries set forth in any Report so submitted to them as aforesaid, proceedings to ascertain and define the same may be again commenced and carried on under the provisions of this Act, in the same manner as though no previous Report had been made and disapproved of as aforesaid.
VI Governor in Council may make orders for settling claims and disputes.
Whenever the boundaries of any Province shall have been defined as aforesaid, it shall be lawful for the Governor, from time to time as occasion shall require, to make any order for removing doubts or settling any claims or disputes which may arise in consequence of the uncertainty which has existed in reference to any boundaries, or in consequence of any proceedings under this Act; and every such order shall be final and conclusive, and shall be obeyed and carried into effect by the person or persons to whom the same shall relate.
VII Interpretation.
The term “boundaries”
shall include any boundary or a portion of any boundary or boundaries.
VIII Short Title.
The Short Title of this Act shall be “Boundaries of Provinces Act, 1858.”
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Versions
Boundaries of Provinces Act 1858
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