Land Regulations




77

  1. The Superintendent shall, from time to time, notify in the Government Gazette of the Province of Auckland, and in such newspapers in the Colony of New Zealand or elsewhere as to him shall seem meet, what lands are to be sold at such public sales, and the upset prices thereof respectively; and such lands shall not be so offered for sale, until at least two calendar months shall have elapsed after the first publication of such notification.

  2. Such public sales shall be held and conducted by such person at such times, and in such places within the said Province, as the Superintendent shall, by notification in the Government Gazette for the Province of Auckland, from time to time nominate and appoint.

  3. The purchase money of each allotment of land sold at such sale shall be paid by the purchaser thereof, or his agent, to a Receiver of Land Revenue as follows, namely one-fourth of the price thereof, at the time of sale, by way of deposit, and the remaining three fourths at any time within one calendar month after the sale. In the event of the second payment not being made to such Receiver within the said period of one calendar month, the sale shall be void, and the deposit forfeited.

  4. It shall be lawful for any person within twelve calendar months after any such auction, to purchase any land in respect of which the deposit shall have been forfeited as aforesaid, by paying for the same, in cash, the sum for which such land was knocked down at the auction.

  5. It shall be lawful for any person within twelve calendar months after any auction, to become the purchaser, by private contract of any land so put up for sale as aforesaid and not knocked down to any bidder, on paying for the same, in cash, the upset price at which the same was put up for sale.

  6. Provided always that it shall be lawful for the Superintendent, instead of permitting any land to be purchased, as authorised by the last two clauses, to cause any lands which shall not have been already applied for under the said clauses, to be put up again to auction, giving such notice thereof as is hereinafter provided in respect of land to be offered at auction.

  7. The minutes to be so entered in such book shall be consecutively numbered, from one upwards, and shall set forth the date of the reception of every such application, the name of the intending purchaser, the number of acres which he proposes to purchase, and the amount which shall have so paid as the purchase money thereof.

  8. Such book shall be open to the public for inspection at all times, during office hours, during which time any person may take a copy of, or extract from, any minute entered therein.

  9. The applications so received shall not be opened until noon of the first day appointed in manner aforesaid by the Superintendent for the sale of such country land; on which day no further applications shall be receivable.

  10. The Commissioner, or his Deputy, together with a Receiver of Land Revenue, shall, on the day so appointed, and in presence of such of the intending purchasers or their agents as may attend for that purpose, proceed to open all such applications so received.

  11. Where it shall appear, on opening the said applications, that but one person has in manner aforesaid given notice of his intention to purchase any one allotment, and that he has duly paid the purchase money thereof, such person shall be deemed the purchaser of such allotment.

  12. But if it should at any time appear that two or more intending purchasers have made applications for the same allotment, and that each of them has duly paid the purchase money thereof, the said allotment shall forthwith be put up by the Commissioner, or his Deputy, for sale by auction at the upset price of ten shillings per acre; at which sale those only who applied for the allotment shall be permitted to bid, and the highest bidder amongst them shall be the purchaser thereof upon paying forthwith to the Receiver of Land Revenue the additional purchase money arising from such sale by auction.

  13. The Commissioner, or his Deputy, shall immediately after such auction give to each of the unsuccessful parties, or his agent, an order on the Receiver of Land Revenue for the return of the purchase money so paid by him in respect of such allotment; and the Receiver shall pay the same on demand accordingly.

III. Country Lands.

  1. The Superintendent shall, from time to time, notify a certain day on and after which any Country Land will be open for sale. On and after that day, any person desirous of purchasing any of the same shall send in a written application, during office hours, under a sealed cover, directed to the Commissioner, or to his Deputy, at such place as shall be stated in such notification.

  2. Every such application shall state the name of the intending purchaser, the area and situation of the allotment, and the number of the same on the map deposited as aforesaid in the office of the Commissioner, and shall have legibly endorsed thereon the words “Application for Land,” together with the name of the intending purchaser, and the number of acres he proposes to purchase.

  3. The purchase money, after the rate of ten shillings per acre, for the quantity of land applied for shall be paid to a Receiver of Land Revenue, who shall give a receipt in duplicate; and no application shall be entertained unless one of such receipts shall be annexed to the application.

  4. The Commissioner or his Deputy shall, on receipt of any such application (and in the presence of the intending purchaser or his agent, if such purchaser or agent should desire the same), enter, in a Minute Book, to be kept for that purpose, a minute of the receipt of such application and of the endorsement thereon.

  5. After the day fixed for opening the applications sent in as aforesaid, all the unsold portions of such Country Lands shall be open for sale to the first applicant for the same.

  6. Every application must be made in writing to the Commissioner, or his Deputy, during office hours, and must state the area and situation of the allotment, and the number of the same on the map deposited in the Land Office as aforesaid; and no such application shall be entertained unless it be accompanied by a receipt for the purchase money signed by a Receiver of Land Revenue.

  7. The Commissioner or his Deputy, immediately on receipt of such application, shall, in the presence of the intending purchaser or his agent, if such purchaser or agent desire the same, enter in the minute book to be kept for that purpose the day and hour of the receipt of the application, the name of the purchaser and the area, situation, and number of the allotment, and the amount paid as the purchase money of the same.

  8. As soon as such entry shall have been so made, the land to which the same shall refer shall be deemed to be sold, and the purchaser thereof entitled to a Crown Grant.

IV. Credit Land.

  1. No land, after the 1st day of August, 1860, shall be sold upon Credit, except such as it may...


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Online Sources for this page:

VUW Te Waharoa PDF Auckland Provincial Gazette 1859, No 13





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🗺️ Proposed Land Regulations of the Province of Auckland (continued from previous page)

🗺️ Lands, Settlement & Survey
Land Regulations, Waste Lands, Native Land, Auckland Province, Surveying, Land Sales