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

Part V. — Surveys

Part V.
Surveys.

96.
(1.)For all the purposes of this Act the Minister for Public Works, the Minister of Lands, the Surveyor-General or his deputy, or any local authority, or any person authorised either specially or generally by any such person or authority—
(a.)May enter and re-enter from time to time during the daytime upon any land, with such assistants as he thinks fit, for the purpose of making any survey which he is authorised to make:
(b.)May affix or set up thereon trigonometrical stations, survey pegs, marks, or poles, and the same from time to time alter, remove, inspect, and repair:
(c.)May dig and bore into the land so as to ascertain the nature of the soil, and set out the lines of any works thereon:
(d.)May do all things necessary for such survey in accordance with existing regulations, or for any inspection, repair, or alteration thereof.
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(2.)When practicable, reasonable notice shall be given to the owner or occupier of the land of the intention to enter thereon, and the authority under which the person entering claims to enter or has entered on such land shall, if required by such owner or occupier, be produced and shown.
97.Every person who, without due authority, destroys, mutilates, defaces, takes away, or alters the position of any trigonometrical station, survey peg, mark, or pole fixed or set up by any surveyor, or other person under the authority of the last-preceding section, shall be liable, on summary conviction, to imprisonment with or without hard labour for any term not exceeding two years; and every person who wilfully obstructs any such surveyor or other person or his assistants in carrying on such survey shall for every such offence be liable to a penalty not exceeding fifty pounds.
98.

Nothing herein contained shall authorise any surveyor to enter upon any Native cultivation for the purpose of taking a road under the authority of this Act without the previous consent of the Governor in Council.

A "Native cultivation," wherever the term is used in this Act, means any land regularly used by Natives for the growth of foodcrops for their own consumption.