Waste Lands Regulations




merit of the Waste Lands of the Crown within the Province of Canterbury are published for general information, previously to being proposed to the Provincial Council for their adoption.

Amendments to be proposed by the Provincial Secretary. Clauses 33, 35, 43, 51, 52, 65, 66, and 71 of the regulations issued by the Governor in a proclamation bearing date 12th February, 1856, to be expunged and the following substituted:—

  1. Upon payment of the purchase money in full, the purchaser shall receive from the commissioners a “license to occupy” in the form set forth in Schedule A to the Waste Lands Regulations, and such license shall be restored to the commissioners upon receipt of a Crown Grant of the land purchased.

  2. Save as hereinafter provided, no section of Rural Land shall be sold, containing less than twenty acres; but any section so limited by frontage lines or private lands as to contain less than twenty acres may be sold by auction at the upset price of forty shillings per acre; the time and place of sale, and the mode of sale and payment of purchase money to be as nearly as may be in accordance with the Regulations herein contained applicable to the sale of Town Land. Provided nevertheless that if any section so limited shall be included in a Pasturage License with Pre-emptive Right, the holder of such License shall be entitled to exercise such Pre-emptive Right under these Regulations upon payment of the sum of forty pounds for such section.

  3. If any person shall contract with the Superintendent to make and complete within a given time any public road, bridge, or drain, or any part of any such road, bridge, or drain, furnishing such security as the Superintendent may require for the due completion of such contract, and shall select such portion of rural land as he shall be willing to accept by way of payment or compensation, or by way of part payment or compensation for such work; It shall be lawful for the Superintendent to reserve such portion of land from public sale for such given time but no longer; and such person shall on the completion of such contract be entitled to a free grant of such land, or so much thereof as the Board shall adjudge, not exceeding one acre for every two pounds sterling which the Superintendent shall certify to the Waste Lands Board to be the bond fide value of the work so done by such person according to the prices for work and materials at the time of performing such contract current in the district.

Every such reservation of land from public sale shall be published in the Government Gazette of the Province as directed in clause 19 of these Regulations.

No such reservation shall continue in force for a longer period than 12 calendar months from the date on which it shall have been made.

No land included in a Pasturage License with Pre-emptive Right shall as against the holder of such Pre-emptive Right be so reserved or granted until he shall have been allowed the option of purchasing such land in the manner prescribed in clauses 64 and 66 of these Regulations.

No greater amount of land than 250 acres shall under the provisions of this clause be reserved or granted to any one person under any such contract, unless in payment of work for which a vote has been passed by the Provincial Council.

No greater amount of land than 1000 acres in the aggregate shall in any one year be reserved or granted under the provisions of this clause, without the special sanction of the Provincial Council.

Provided always that every parcel of land so granted shall be subjected to the same conditions as to form and frontage as any rural land sold under these Regulations. Provided also that no application for less than 20 acres shall be received under this clause, but that where any amount of compensation awarded by the Board shall be of a less extent than 20 acres of land, the person entitled may pay the balance in cash upon the same terms as other applicants for the purchase of rural lands under these Regulations.

  1. The fee shall be paid to the Treasurer of the Waste Lands Board every year, in advance; for the first year on the issue of the License, and for the second and every subsequent year on any sitting day of the Board between the 20th day of April and the first day of May, inclusive; and every pasturage license not renewed by payment of the required fee, on or before the first day of May, shall, unless good cause to the contrary be shown to the satisfaction of the Waste Lands Board, be considered as abandoned.

  2. Every pasturage license shall be in the form set forth in the Schedule C to the Waste Lands Regulations, and shall be transferable by endorsement in the form set forth in such schedule, and such transfer shall be deemed to be complete upon notice thereof being duly given to the Waste Lands Board and not before. A pasturage license shall entitle the holder thereof to the exclusive right of pasturage over the land specified therein upon the terms above stated. Such license shall be renewed by endorsement from year to year, until the land specified therein shall be purchased, granted, or reserved under these regulations; and the fee to be paid in respect of such license shall not be altered until the first of May, 1870. Such license shall give no right to the soil or to the timber, and shall immediately determine over any land which may be purchased, granted, or reserved under these regulations. A reasonable right of way shall be allowed through all pasturage runs.

  3. The applicant for any rural land included in any pre-emptive right shall deposit with the Treasurer of the Waste Lands Board a sum equal to 5s. per acre of the purchase money, and the remainder he shall pay within one week from the date of his application being granted, or forfeit such deposit. Such deposit, however, shall be immediately returned on demand, if the holder of the pre-emptive right shall give notice of his intention to purchase any portion of the land applied for, and pay the requisite deposit.

  4. If the holder of the pre-emptive right decide upon purchasing any portion of the land applied for, he shall forthwith pay to the Treasurer of the Waste Lands Board a deposit of 4s. per acre of the purchase money of such portion; and, if he shall not within six weeks thereafter have paid the remainder of the purchase money, he shall forfeit such deposit together with all right or title to the land.

If the holder of any pre-emptive right other than those created by clause 60 of the Waste Lands Regulations shall neglect or refuse to purchase any portion of the land applied for, such portion shall from and immediately after such neglect or refusal be released from all right of pre-emption and open to purchase on the terms of these regulations, as if the same had not been included in any pre-emptive right.

  1. All payments on account of pasturage runs shall in future be made on or before the first day of May, in accordance with clause 51, at the Land Office at Christchurch, and the Waste Lands Board shall sit at that place for the Treasurer to receive the same.


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Online Sources for this page:

VUW Te Waharoa PDF Canterbury Provincial Gazette 1859, No 5





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🗺️ Amendments to Waste Lands Regulations

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Waste Lands, Canterbury, Regulations, Land Sale, Pasturage License
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