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New Zealand: Acts affecting Native Lands, 1886, 1888-91 and 1894-95

Part VII

Part VII.

Private Roads.

69.
Court may grant rights of private road When upon an investigation of title of Native land, or upon partition, land has been or shall be ordered to be divided into several parcels under "The Native Land Court Act, 1836," or under this page 18Act, each of such parcels shall be subject to such rights of private road for the purpose of access to other or others of such parts or parcels as may be ordered.

Such order may be made by the Court at the time when partition is ordered, or it may, on the application of any person interested therein, be made by the Court at any time within five years from the date of such partition.

Public Roads.

70.
Power to take land for roads. It shall be lawful for the Governor, at any time within fifteen years after the first issue of a certificate of title, memorial of ownership, or other instrument conferring title under "The Native Land Court Act, 1886," or any Act thereby repealed, or under the provisions of this Act, whether heretofore issued or hereafter to be issued for any land, to take and lay off for public purposes one or more line or lines of road through such land, excepting in cases where such power shall, under any statute heretofore or hereby repealed, lapse before the expiration of such period of fifteen years or shall have already lapsed; and provided further that such line or lines of road shall be laid off within ten years of the date of the issue of the certificate of title, memorial of ownership, or other instrument of title: Provided that the total quantity of land which may be taken, inclusive of any already taken, for such line or lines of road shall not exceed one-twentieth part of the whole.

The Governor may at any time, by indorsement on the Crown grant or other instrument of title, or by deed, release the land the subject of such right therefrom, or from any part thereof.

The foregoing power may be exercised notwithstanding that such land shall have ceased to be owned by Natives or by Natives and Europeans jointly.

71.What land may not be taken for roads. There shall not be taken under the authority of the lastpreceding section any land occupied by any pa, village, Native cultivation, or burial-ground, except subject to the provisions of "The Public Works Act, 1882," and the several Acts amending the same.
72.
Roads to vest in Her Majesty. Whenever any lines of road are surveyed and laid off on or over any land or Native land under the direction of the Surveyor-General, the site of such road shall be deemed to be a road dedicated When road runs along boundary between European and Maori land, such road to be taken equally from both. to the public, and shall vest in Her Majesty. When any road is laid off along the boundary between laud owned by Natives and land owned by Europeans, such road shall be taken equally from both such lands where practicable:

Provided that the Governor shall have the right to lay off or take roads on or from the lands of both owners.