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

Miscellaneous

Miscellaneous.

40.
(1.)Maximum price payable in respect of half cost of fence. In every case where the half-cost of erecting or repairing a fence is payable under this Act, the amount so payable—
(a.)Shall be a reasonable and proper sum, to be fixed if necessary by the Magistrate; and
(b.)Shall not exceed the actual half-cost, including interest on outlay, and reasonable remuneration for the superintendence and labour of the occupier when he is personally engaged on the work.
(2.)The maximum price payable under this Act in respect of the half-cost of erecting a fence shall not exceed,—
(a.)In the case of a fence of the kind numbered three in Schedule A, erected in a borough, thirty-five shillings per chain;
(b.)In the case of any other non-rabbit-proof fence, twenty shillings per chain, exclusive of half the reasonable and proper cost of felling and clearing bush along the line of such fence;
(c.)In the case of a rabbit-proof fence, or the conversion of a non-rabbit-proof fence into a rabbit-proof fence, such sum as is agreed upon, or as the Magistrate fixes as a reasonable and proper one, due regard being had to the considerations referred to in section fourteen hereof.
41.
(1.)
Persons constructing fences may obtain order to enter on contiguous lands. Any occupier erecting or repairing a fence under this Act, his agents and workmen, may, if the access thereto over his own land is more difficult, inconvenient, or expensive than over the contiguous land, enter, with or without horses, cattle, and carts, at all reasonable times upon any portion of such contiguous land, and do thereon such things as are reasonably required in order to erect or repair such fence:

Provided that he first obtains from the Magistrate, on summons, an order (which the Magistrate is hereby empowered to grant) authorising such entry.

(2.)Penalty for obstructing. If the owner or occupier of such contiguous land, by himself, his agents, or servants, obstructs such entry or the erection or repair as aforesaid of such fence, then, in addition to any other penalty to which he may be liable, he shall be liable to pay the entire cost of the erection or repair of such fence.
42.
(1.)Provisions subject to which such order may be granted. With respect to every such order, the following provisions shall apply:—
(a.)The right thereby conferred shall be exercised with as little damage as possible to the land entered upon; and also
(b.)Nothing in such order or this Act contained shall authorise the entry, for the purpose aforesaid, upon any land in crop, or any garden, orchard, plantation, shrubbery, or pleasure-ground, without the consent of the owner thereof; nor, page 11without the like consent, shall authorise any person to cut down, lop, or injure any tree or shrub.
(2.)Compensation for wilful damage. Every owner or occupier of any land who suffers any loss or damage by any act or thing wilfully done by any person, contrary to any of the provisions of this or the last-preceding section, shall be entitled to recover compensation for the same.
43.Act not to interfere with agreements. Nothing in this Act contained shall be deemed or taken to affect any covenant, contract, or agreement made between landlord and tenant, or between occupiers of contiguous land, or between any other persons whomsoever relative to the cost of erecting or repairing fences.
44.Power of landlord to come in and defend proceedings against his tenant under this Act. Any person may come in and defend any proceeding under this Act against any tenant of such person in consequence of which such person may ultimately incur any liability, and any defence which the person originally proceeded against might set up shall be available to the person so coming in to defend.
45.Governor in Council may make regulations. The Governor in Council may from time to time make regulations prescribing, in all cases not herein specially provided for, the practice and forms of all proceedings before the Magistrate under this Act.
46.Repeals. The several Acts and enactments and the Provincial Ordinance enumerated in the Schedule D hereto are hereby repealed: Provided that—
(1.)Saving. Proceedings pending under the repealed Acts at the time of the commencement of this Act may be continued and completed under those Acts:
(2.)Notices lawfully given, and acts and things lawfully done under the repealed Acts shall be deemed to have been given and done under this Act, and shall enure for all the purposes of this Act.