β¨ Land Regulations and Licenses
distinctly defined by streams or natural boundaries.
- Any person who shall have a Run or any considerable part thereof unoccupied by the requisite amount of stock for a period of six months after he shall have claimed the same, shall be liable to be regarded as having abandoned such Run or part thereof, and if the Commissioner shall find it necessary publicly to notify that such Run or part thereof has been so abandoned, it shall thereupon be given into the occupation of the first applicant for it.
In estimating the sufficiency of Stock for any Run applied for, the Commissioner shall not allow for natural increase in any proportions, with respect to the amount of stock on the Run, greater than those set forth in the following scale:β
For any number of sheep up to 500 inclusive, run to be granted for any number not exceeding 6000 sheep.
For every additional 100 between 500 and 5000...... 200 sheep.
1000 and 4000...... 400 additional 4000 and 5000...... 200 sheep.
5000 and 10,000...... 100
And in no case shall a Run be granted capable of containing more than 25,000 sheep.
In estimating Runs for great cattle, one head of such cattle shall be rated as six sheep.
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In case of any questions arising as to attempts to evade the foregoing Regulations, or to obtain unduly the benefits thereof, the Commissioner shall have full power to decide such questions in such manner as may most effectually carry out the true spirit and meaning of such Regulations.
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Some time after the time at which rent for a Run may have become payable under this Act as the occupant may, in the opinion of the Commissioner, have sufficiently stocked the same, he will be entitled to a license to depasture stock upon it for fourteen years, in the form A, hereunto annexed, and subject to the following conditions:β
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If at any time during the currency of such license the land comprised therein, or any part thereof, shall be included within the boundaries of any Hundred, the said license shall cease and determine as to so much of the land as shall be included within such boundaries from and after the date of the Proclamation by which such Hundred shall be constituted.
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If at any time during the currency of such license the land comprised therein, or any part thereof, shall be sold under the provisions of these Regulations, then and in that case also the said license shall cease and determine as to so much of the land as shall be sold as aforesaid from and after the day of the date of the Provincial Government Gazette in which notices of such sales shall be published.
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The annual license fee shall be at least five pounds; and each person who occupies a Run shall pay annually in addition a further license fee at the rate of one pound sterling for every thousand sheep above five thousand, which the Run so occupied shall be estimated to be capable of containing, and in the same proportion for great cattle, six sheep being rated as one head of great cattle.
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If at any time during the currency of such license such annual fees and the said annual assessment shall not be paid by the holder of it, in the manner and at the time required by these Regulations, then and in that case the said license shall cease and determine, and the Commissioner shall thereupon be empowered to notify publicly the forfeiture of such license, and to let the Run to which it relates by public auction to the highest bidder for a term of fourteen years, subject to the conditions of these Regulations.
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No such license for fourteen years will be granted to any applicant for a Run until he shall have paid all arrears of rent and assessments which may be owing by him for such Run.
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In the event of any dispute arising between two or more claimants regarding the boundaries of their respective Runs, it shall be in the power of the Commissioner to make such alterations in the boundaries of their Runs, or of any of them, as he may upon enquiry, judge to be just and expedient.
Issue of Timber Licenses.
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Persons occupying Waste Land of the Crown for the purpose of cutting timber, will be required to pay a fee of five pounds yearly upon the issue of the license.
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The Commissioner shall determine the extent of land to which such license shall give a right of occupancy, and the license shall only have effect within the district specified in them.
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No fresh applicant for a license will be permitted injuriously to interfere with a portion of forest upon which any other person may have expended capital and labour.
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In the event of any occupier of a portion of forest upon which he may have expended any considerable sum in the formation of roads, or improvements to facilitate the removal of timber, wishing to resign his license, he shall, if in the consideration of the Commissioner he should be regarded as having established a claim to this indulgence, be permitted to transfer his license and right of pre-occupancy to such person as he may select.
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All applicants for timber licenses must address their applications to the Waste Lands Commissioner, stating their names and residences in full.
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When the application has been approved, it shall be forwarded to the Receiver of Land Revenue, by whom, upon payment of the required fee, the license shall be issued.
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No person will be allowed to cut or remove timber on or from the Crown Lands, which have been reserved by Government for the public use.
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The form of Timber Licenses will be according to Form C. hereunto annexed.
General.
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All annual licenses to be drawn so as to expire simultaneously on the last day of each year.
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Licenses applied for after the 1st of June in each year, will only be chargeable with half the usual fee.
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No license shall preclude the Government from including within a hundred, or selling, or shall in any way affect the rights of the Crown to land occupied in virtue of such license.
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β¨ LLM interpretation of page content
πΊοΈ
Auckland Waste Land Regulations, 1859
(continued from previous page)
πΊοΈ Lands, Settlement & SurveyLand Regulations, Waste Lands, Land Orders, School Teachers, Occupation of Waste Lands, Pasture Licenses, Timber Licenses, Auckland Province
Auckland Provincial Gazette 1859, No 13