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Auckland Provincial Government Gazette.

PART VII.

MISCELLANEOUS PROVISIONS.

Land scrip may be given in exchange for land taken for public purposes.

70. It shall be lawful for the Superintendent and Provincial Council to authorize land scrip to be issued in payment for land taken under the provisions of any law in force in the province for roads or public works: Provided that nothing herein contained shall render it obligatory on the owner of any land so taken to accept such land scrip in lieu of money in payment for the same.

Powers of Governor under “Waste Lands Act, 1858,” preserved.

71. The powers and authorities vested by “The Waste Lands Act, 1858,” in the Governor, shall continue to be vested in the Governor in like manner as if this Act were included in the Schedule to the said “Waste Lands Act, 1858.”

Leases of right to cut flax may be granted.

72. It shall be lawful for the Commissioner, with the consent of the Superintendent, to lease by public tender the right to cut flax on any waste lands for a term not exceeding seven years; such right being determinable at any time at three months’ notice, on the land being required for the purpose of sale or settlement under this Act.

Governor may, on recommendation of Superintendent, make regulations for granting water rights.

73. It shall be lawful for the Governor, on the recommendation of the Superintendent and Commissioner, to make, and from time to time on such recommendation as aforesaid to rescind or alter, regulations for granting to any person the right to form any dam reservoir lead or flume, and any embankment in connection therewith, in through or over any Crown lands, or in through or over the lands of the applicant, and for taking diverting or using the water of any stream for the purpose of such dam reservoir lead or flume, subject to such conditions as to the repairs of any such dams reservoirs leads flumes or embankments and the use of such water rights, and such other conditions, and the payment of such rents or fees, as may be specified in such regulations; and the Governor may make grants in accordance with such regulations, provided each taking use or diversion shall not interfere with any use to which any other proprietor on the said stream had previously lawfully applied the water of the said stream: Provided that nothing herein contained shall interfere with any right to compensation for injury done to property under this clause.

Applications for water rights to be notified in Gazette, and objections may be heard.

74. Upon any application being made for a water right as aforesaid, such application shall be publicly notified in each Provincial Government Gazette for two months prior to the recommendation of the grant; and any person objecting thereto shall be entitled to have such objection referred by the Superintendent to the Commissioner and two Justices of the Peace, and the decision of the Commissioner and Justices shall be final, provided they are unanimous, otherwise no recommendation shall be made.

Lands acquired by Superintendent to be waste lands.

75. All lands heretofore or hereafter acquired or held by the Superintendent for the use of the province under an absolute conveyance shall be deemed and taken to be waste lands, and shall be dealt with in manner by this Act provided; and the Superintendent may convey or lease any such lands by deed under his hand and the seal of the province.

Resident occupiers in highway districts may graze cattle on waste lands.

76. The ratepayers and resident occupiers of land within any highway district shall be entitled to depasture on the waste lands within such district such number and description of great cattle in proportion to their several holdings as the Trustees for such district shall prescribe, on payment to the Trustees of such annual fee, not less than two shillings and sixpence per head of such cattle over six months old, as the Trustees shall fix; and all fees received under this section shall be applied to local improvements within the district.

Non-residents and others running cattle liable for trespass.

77. Any person, not being a ratepayer or an occupier of land, who shall depasture or permit to depasture any cattle upon waste lands within any highway district, or who, being a ratepayer or an occupier, shall depasture or permit to depasture any cattle prohibited by the Trustees, or a greater number than prescribed, or without payment of the fees fixed, shall be liable to have such cattle impounded as for a trespass.

Questions in dispute under this Act to be determined by Commissioner.

78. Every dispute and difference relating or incident to the sale letting disposal and occupation of waste lands, or to any application for waste lands, or to anything done under this Act, or to the interpretation or meaning hereof, not otherwise hereinbefore provided for, shall be heard and determined by the Commissioner.

Fees may be charged in such cases.

79. It shall be lawful for the Commissioner to charge and receive, for the decision of any disputed question which he is authorized to determine by the provisions of this Act, a fee not exceeding five pounds, to be paid by the party against whom his decision may be given, to be recovered in a summary way; and he may require such fee to be deposited by each party before entering on the question, and may return the fee deposited by the successful party.

Decision of Commissioner to be final, excepting in appeals under “Waste Lands Boards Appeal Act, 1867.”

80. The decision of the Commissioner on all matters to be by him heard and determined, shall, subject to the next following clause hereof, be final and conclusive. But the Superintendent may on the application of any person grant a rehearing of any case decided by the Commissioner if he shall think that justice requires it, and on such rehearing may revise alter modify or confirm any decision previously given in the said case.

Right of appeal under “Waste Lands Boards Appeal Act, 1867.”

81. If any person shall be dissatisfied with the decision or determination of any question by the Commissioner, he may appeal in manner provided by “The Waste Lands Boards Appeal Act, 1867;” and the said Act shall apply to decisions given by the Commissioner in the same manner as if a Waste Lands Board had been created by this Act.