Railway land may be proclaimed road, etc.

Power to take land for accessways and service lanes

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Public Works Amendment Act 1971

Public Act		1971 No 124
Date of assent		8 December 1971

	Title
1	Short Title
2	Railway land may be proclaimed road, etc.
3	Power to take land for accessways and service lanes
	Administrative information

An Act to amend the Public Works Act 1928

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title

This Act may be cited as the Public Works Amendment Act 1971, and shall be read together with and deemed part of the Public Works Act 1928 (hereinafter referred to as the principal Act).

2 Railway land may be proclaimed road, etc.

The principal Act is hereby amended by repealing section 226, and substituting the following section:

“226

“(1)

Subject to subsection (2) of this section, the Minister may, by notice published in the Gazette, proclaim any land held, reserved, taken, purchased, or otherwise acquired for a railway as road, street, accessway, or service lane.

“(2)

No such land shall be so proclaimed without the written consent of—

“(a)

The Minister of Railways:

“(b)

The lessee, licensee, or other person having an estate or interest in the land:

“(c)

The National Roads Board and the local authority in whose district the land is situated, in the case of a state highway or proposed state highway outside a borough:

“(d)

The Borough Council, in the case of a street or accessway or service lane, or a proposed street or accessway or service lane, within a borough:

“(e)

The County Council, in the case of a county road or accessway or service lane, or a proposed county road or accessway or service lane, within a county:

“(f)

The Town Council, in the case of a road or accessway or service lane, or a proposed road or accessway or service lane, within an independent town district.

“(3)

On the date of the publication in the Gazette of a notice under subsection (1) of this section, or on such later date as may be specified in the notice as the date on which it shall take effect, the land to which the notice relates shall be vested—

“(a)

In the Crown as a road or accessway or service lane, as the case may be, where the land is situated within a county or an independent town district:

“(b)

In the Corporation of the borough as a street or accessway or service lane, as the case may be, where the land is situated within a borough—

but otherwise free from all reservations, restrictions, trusts, rights, titles, estates, or interests of any kind whatsoever.”

3 Power to take land for accessways and service lanes

Section 5 of the Public Works Amendment Act 1948 is hereby amended—

(a)

By inserting, after the word “street,”, the words “or to proclaim land as a road or street,”:

(b)

By adding the words “, or to proclaim land as an accessway or service lane, as the case may be.”

This Act is administered in the Ministry of Works.

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Public Works Amendment Act 1971