Public Works Acts Amendment Act 1892
Public Works Acts Amendment Act 1892
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Public Works Acts Amendment Act 1892
Public Works Acts Amendment Act 1892
Public Act |
1892 No 52 |
|
Date of assent |
11 October 1892 |
|
Contents
An Act to further amend “The Public Works Act, 1882,”
and the Acts amending the same.
BE IT ENACTED by the General Assembly of Now Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act is “The Public Works Acts Amendment Act, 1892.”
It shall be read together with “The Public Works Act, 1882,”
and the several Acts amending the same.
2 Proviso.
The following proviso shall be added to section four of “The Public Works Act Amendment Act, 1887:”
—
Provided that in the case of those counties in which the operation of “The Counties Act, 1876,”
or of any Act repealing or amending the same, is suspended, or partially suspended, the local authority in whom the exclusive care, control, or managament of any such bridge, ferry, or ford may by any such Proclamation be vested shall be deemed to have, and may exercise for the time being by virtue of such Proclamation, in addition to the powers that they may already have in that behalf, the power of making, altering, or revoking bylaws on all or any of the subjects as set forth in section seventeen of “The Public Works Act Amendment Act, 1887,”
any Act or thing to the contrary notwithstanding.
3 Power of Minister to take land.
The Minister for Public Works is hereby empowered, on behalf of Her Majesty the Queen, to take any lands, under the provisions of “The Public Works Act, 1882,”
and any amendments thereof, that may be necessary for the construction of any lunatic asylum, or for the use, convenience, or enjoyment of any such asylum, or for any work or purpose in connection therewith.
4 Appeal to Supreme Court where grievance caused by closing of roads.
In any case where a road may hereafter be stopped or sold under the provisions of sections ninety-three to ninety-six, inclusive, and section ninety-nine of “The Public Works Act, 1882,”
or of any Act amending the same, the Supreme Court shall have jurisdiction to grant relief where it is shown that the Road Board or County Council has acted in an illegal, unjust, or oppressive manner, and the Court may annul, either in whole or in part, the stopping or sale of such road, and the road shall thereupon remain a public highway as before; and the Court may grant such other relief in addition thereto or in lieu thereof as shall to it appear just, upon such terms as to costs or otherwise as may to it seem fit.
If any such road be hereafter stopped for the benefit of a private person under section ninety-nine of the said Act, such person may be joined as a party to the action, and, if the decision in the case is given against him, the Court may compel him to pay such part of the costs or other expenses as to it shall seem just and the decision of the Court in all cases shall be absolute and final:
Provided, however, that any person availing himself of the provisions of this section must give notice in writing to the Road Board or County Council of his intention to appeal to the Supreme Court within thirty days from the date of the decision or other action of the Road Board or County Council to which he objects; and if he do not thereupon commence his action in the said Court, and carry it on with reasonable diligence, his right of action shall lapse.
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Versions
Public Works Acts Amendment Act 1892
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