Land Occupation Regulations




Auckland Provincial Government Gazette.

(3.) Every such application as aforesaid shall be
lodged during office hours (viz., 10 a.m. to 4 p.m.),
and shall state the name or names and age or
ages of the applicant or applicants and shall describe
the situation, class of land, and number of acres he or
they has or have taken possession of, together with the
date whereon he or they took possession of the
same, as also to whom it is intended that a grant or
grants shall issue upon fulfilment of the conditions
of selection, and no application shall be received
for a less area than 20 acres: Provided always that
not more than 200 acres of first-class or 300 acres
of second-class lands can be held or occupied by
any number of persons living together in one house-
hold.

(4.) The District Surveyor, or other person to be
appointed as aforesaid, shall, on receipt of any such
application (and in the presence of the applicant, or
of the person presenting such application), enter, in
a book to be kept for that purpose, a minute of the
receipt of such application, and shall give a receipt
for the same.

(5.) The minutes to be so entered in such book
shall be consecutively numbered, from one upwards,
and shall set forth the date and hour of the reception
of every such application, the name of the applicant,
and the class, area, and situation of the land of
which he has taken possession.

(6.) Such book shall be open to the public for in-
spection during office hours, and any person may
take a copy of any minute entered therein.

(7.) In applying for land, that application which
shall be first lodged with the District Surveyor or
other person as aforesaid appointed to receive the
same shall be deemed to be the prior application,
and shall entitle the person in whose favour it is
made to the right of priority of selection.

(8.) Where it shall appear that but one application
has in manner aforesaid been received for any one
piece of land, the person or persons making such
application shall be deemed to be in possession of
and entitled to occupy the same.

(9.) But if at any time two or more applications
be simultaneously received for one and the same
piece of land, or any part thereof, the District
Surveyor or other person to be appointed as aforesaid
shall at once, in the presence of the applicants, or
of the persons presenting such applications, decide
by lot the priority of choice.

(10.) Every such selection made as aforesaid must,
so far as the features of the country will permit, be
of a rectangular form, and when fronting on a road,
river, lake or coast, be of a depth not less than three
times the length of the frontage, but no selection
must be made so as to monopolise the wood or water
or landing-place in any particular locality: Provided
always that under special circumstances the Waste
Lands Commissioner may permit occupants to com-
plete their selections by the purchase at the rate
according to class of adjoining lands in blocks of
irregular shape and small extent.

(11.) Every selector shall forward to the Commis-
sioner at the expiration of twelve months from the
date of his taking possession of the land, and upon
the same date in every subsequent year during his
term of occupation, a return in writing, in a form to
be from time to time prescribed by the Superinten-
dent setting forth the nature and extent of the im-
provements effected by him during the preceding
year.

(12.) It shall be lawful for the Commissioner, or
any person appointed by him in that behalf, to enter
at all reasonable times upon any selection made as
aforesaid for the purpose of inspecting the improve-
ments effected thereon.

(13.) If any person holding land as aforesaid shall
cease to be in bona fide occupation of the same, or
fail to effect thereon the improvements required by
the Act, or forward wilfully inaccurate returns, or
commit any breach of these regulations, such person
shall be liable, in addition to forfeiture of selection,
as provided by sub-section 5 of clause 40 of said
Act, to a penalty not exceeding £25 for every such
breach, default or failure, and all penalties incurred
hereunder shall be recoverable in manner provided
by the said Act.

(14.) Every selector of land shall have the same
surveyed at his own expense by a duly authorised
surveyor, and shall deliver, or cause to be delivered,
at the Waste Lands Office, within six months after
taking possession of and occupying such land, a
correct plan of the same certified by such surveyor.

(15.) Where land shall be selected for occupation
in any part of a district in which roads shall not
have been determined on and laid out, such selec-
tions must be made subject to the right of Govern-
ment to lay out such roads over the said land when
required.

(16.) Without the special consent of the Commis-
sioner first had and obtained, no timber or forest
growing upon any homestead selection shall be
allowed to be cut until final completion of the
conditions under which such selection shall have
been made, excepting such timber as shall be required
and be necessary for improvements or for domestic
purposes upon the selection; and any breach of this
provision shall be deemed and taken to amount to an
absolute forfeiture of the selection and the rights of
the selector therein.

(17.) Non performance of any of the foregoing
stipulations shall render the selection void, and the
right of the selector therein and to all improvements
thereon shall be forfeited. At the end of the period
of five years a grant or grants shall issue for the lands
selected: Provided the selector shall not have for-
feited his right thereto.

The conditions to entitle to Crown grant or convey-
ance are as follow—

Continuous residence on the land for five years,
the erection of a permanent dwelling-house
within twelve months from commencement
of such residence, annual cultivation of one-
fifteenth of area selected if open land, or
one twenty-fifth if bush land, together with
fulfilment of conditions imposed by the
said Act and these Regulations.

Note.—Every selector who shall at any
time before the expiration of the period of
five years have brought under cultivation
the whole quantity of land required to be
under cultivation at the end of the said
term, and shall up to any such time prior
to the expiration of the period aforesaid
have fulfilled the conditions as to residence,
erection of a permanent dwelling-house, and



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Online Sources for this page:

VUW Te Waharoa PDF Auckland Provincial Gazette 1875, No 48





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🗺️ Regulations for the Occupation of Waste Lands under the Homestead System (continued from previous page)

🗺️ Lands, Settlement & Survey
13 September 1875
Land occupation, Homestead System, Regulations, Waste Lands, Auckland