Land Orders and Settlers




should be permitted to acquire land free of cost, in proportion to their expenditure on Emigration, it shall be lawful for the Superintendent, from time to time, to appoint Emigration Agents in the United Kingdom, or elsewhere, with authority to grant Land Orders to persons intending to emigrate and settle in the Province of Auckland; and any such Agent at any time to remove. Provided always that no person shall be entitled to demand any such Land Order as a right, or be entitled to receive any land whatever free of cost, in respect of any such expenditure, unless he shall have obtained, previously to his emigrating, from some one of such Agents of the said Province a Land Order in writing provided.

  1. Such Land Orders shall be granted according to the following scale, namely, for any person eighteen years of age and upwards, forty acres; and for any person upwards of five years and under eighteen years of age, twenty acres: Provided always that in any case in which a child under eighteen years of age shall accompany a parent, the order shall be granted to the parent and not to the child; and in any case in which a servant shall be brought into the Province at the sole expense of a master, the allowance shall be made to the master and not to the servant.

  2. No such Land Order shall be transferable; but in the event of the death, before the expiration of the five years as hereinafter mentioned, of any person to whom any Land Order shall have been granted in respect of his own emigration, all his right and interest under such order shall vest in his appointee constituted in writing, or, in default of such an appointee, in his legal representative, who shall be at once entitled to a grant of the land in case all the terms and conditions to which such deceased person was subject, have been fulfilled up to the time of his death.

  3. In the event of the death, before the expiration of the period of five years as hereinafter mentioned, of any child or servant in respect of whom any Land Order shall have been granted to any parent or master, such parent or master shall, if all the terms and conditions in respect of such deceased child or servant shall have been fulfilled up to the time of his death, be entitled at once to a Crown Grant of the land which, in respect of such order, he may have selected or be entitled to select.

  4. Every such order shall be null and void unless the person in respect of whom the same shall have been granted shall present the same in person to the Commissioner, or his Deputy within the said Province, within twelve calendar months from the date of the order being granted.

  5. On presentation thereof to the Commissioner or his Deputy, such officer, on being satisfied that the person presenting the same in respect of whom the Land Order was granted, shall make a note thereon, stating the fact of such presentation and of the day of such presentation and the person presenting the same, and shall date and sign such note.

  6. Every such Land Order when so signed shall authorise the person entitled to the same, or his agent constituted in writing, to select the number of acres mentioned therein out of the Special Settlement Land, if any, specified in such Order, or, at his option, General Country Land, subject in all cases to the provisions of these Regulations in reference to the selection of Special Settlement Land and General Country Land respectively.

  7. Provided always that it shall be lawful for the Commissioner, if he shall think fit, to divide any allotment for the purpose of enabling any person to obtain the exact number of acres to which any such Land Order may entitle him.

Provided also that the land selected by any one person shall either be one allotment or contiguous allotments.

  1. Every such Land Order, when so signed as aforesaid, shall be in force for five years from the day of the arrival stated in such note, and if no selection be made within that time such Land Order shall be null and void.

  2. When any person in respect of whom any such Land Order shall have been granted, shall within the said five years have been absent from the Province of Auckland more than twelve calendar months in the whole, such Land Order shall be null and void, and all right to land secured thereunder shall cease and determine.

  3. At the expiration of five years from the day of arrival stated in such note as aforesaid, the person entitled to any land selected under any such Order, shall be entitled to a Crown Grant thereof, on proving to the satisfaction of the Commissioner, or his Deputy, that the person in respect of whom such Land Order shall have been granted is then resident within the said Province, and has resided therein not less altogether than forty-eight calendar months out of the said five years.

VIII.

Naval and Military Settlers.

  1. Every Naval and Military Officer, whether on full or half pay, and every Non-commissioned Officer and Private, Marine and Seaman, whether belonging to Her Majesty's Service or to the Service of the East India Company, who may retire or obtain his discharge from the service to which he may belong, or who having retired or obtained his discharge for the purpose of settling in the Province of Auckland, has not selected Land under any former Law or Regulation enabling Naval and Military Settlers to select land free of cost, shall be entitled (in lieu of an allowance in respect of money expended in Settlers emigrating from the United Kingdom or elsewhere) to receive from the Commissioner a Land Order enabling him to secure Land free of cost after the following rate:
  • Commissioned Officer 400 acres
  • Non-commissioned & Warrant Officer 80 acres
  • Private Soldier, Marine, and Seaman 60 acres.
  1. Provided always that any such Officer, Non-commissioned Officer and Private, and any Marine and Seaman, before he shall be entitled to receive any such Land Order, shall prove to the satisfaction of the Commissioner by certificate or otherwise, that he retired or obtained his discharge for the purpose of settling in the Province of Auckland; and any Non-commissioned Officer or Private, Marine, or Seaman shall, at the same time, produce to the Commissioner a certificate from the Officer under whom he served, of having during his period of service been of a good character. Provided also that any such Land Order shall be applied for within twelve calendar months next after such retirement or discharge as aforesaid, or shall have been applied for before the ninth day of June, 1858, by those who have retired or been discharged.

  2. Every such Land Order shall be granted by the Commissioner or his Deputy in the New Zealand, and shall be to the same purport, and shall have the same effect, and shall entitle the person in whose favour the same is granted to the same rights and privileges as a Land Order granted by an Agent in England, to a person emigrating therefrom after such last-mentioned order shall have been presented to, and had a note made thereon by the Commissioner, or his Deputy as heretofore provided.



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Online Sources for this page:

VUW Te Waharoa PDF Auckland Provincial Gazette 1859, No 18





✨ LLM interpretation of page content

🗺️ General Regulations for Waste Lands in Auckland Province (continued from previous page)

🗺️ Lands, Settlement & Survey
Waste Lands, Land Sales, Native Title, Land Commissioner, Land Division, Public Reserves, Land Orders, Emigration, Settlers