✨ Legislation Text




The Governor
may name a
different upset
Price for the
Special Coun-
try Lots and
Town and
Suburban Lots.

What Lands
may and may
be sold
otherwise than
by public Auc-
tion.

Purchase
Money when
to be paid.

Colony may be
divided into
distinct Divi-
sions for the
Sale of Lands.

Conditions on
which Blocks
of Land com-
prising 20,000
Acres or more
may be sold.

(336)

XI. And be it enacted, That in respect of any Part not exceeding One Tenth
of the whole of the Lands of the Third Class for the First Time offered for Sale at
any such Auctions as aforesaid it shall be lawful for any such Governor, by any such
Proclamation or Proclamations as aforesaid, to name an upset Price higher than the
lowest upset Price of Waste Lands in the Colony, and such excepted Lands of the
Third Class shall be designated as "Special Country Lots;" and that in respect of
any Lot or Lots consisting of Lands either of the First or of the Second Classes, to
be comprised in any such Sales, it shall be lawful for the Governor for the Time
being to fix the upset Price of any such Lot or Lots at any Sum exceeding the
lowest upset Price of Waste Lands within the Colony in which the same may be
situated, and from Time to Time to raise or lower, as to him may seem requisite for
the public Interests, the Price of such Lots consisting of Lands of the First or the
Second Class, so always that such upset Price shall never be less than the lowest
upset Price of Waste Lands within the said Colony.

XII. And be it enacted, That no Land comprised in the said First or Second
Classes shall be sold in any of the said Colonies otherwise than by public Auction;
but that any Lands comprised in the Third of the said Classes shall and may be sold
by the Governor for the Time being of the Colony within which the same are situate
by private Contract, if the same shall have been first put up to public Auction in
manner aforesaid, and shall not have been sold at such Auction; provided that no
such Land shall be so sold by any such private Contract for less than the upset
Price at which the same was last put up for Sale by Auction, or if any Bidding above
that Price was made for the same at such last preceding Auction, then at less than
the Amount of such Bidding, after deducting the Amount of any Deposit that may
have been paid thereon: Provided also, that if between any Two successive Sales by
Auction an Increase shall in manner aforesaid have been made of the upset Price of
Lands, no Land affected by such Increase shall subsequently be sold by private Con-
tract until after the same shall again have been put up to Sale by Auction at such
increased upset Price.

XIII. And be it enacted, That no Waste Lands of the Crown shall be sold in
any such Colony by any such private Contract as aforesaid except for ready Money,
to be paid at the signing of such Contract; and that no Waste Lands of the Crown
shall be sold at any such public Auction as aforesaid unless on Condition of paying
at the Time of the Sale, in ready Money, a Deposit, the Amount of which shall be
fixed by any such Proclamation or Proclamations as aforesaid, at not less than One
Tenth of the whole Price, nor unless the Purchaser or Purchasers shall contract to
pay the Residue of such Price within One Calendar Month next after the Time of
such Sale by Auction, and shall further contract, that on failure of such Payment
the Deposits shall be forfeited, and that the Contract shall be thenceforward null
and void.

XIV. And be it enacted, That by any Proclamation or Proclamations to be
from Time to Time for that Purpose issued by the Governor of any such Colony,
in the Manner herein-after mentioned, it shall be lawful for him to divide such
Colony, for the Purposes herein-after mentioned, into any Number of Territorial
Divisions not exceeding Four; and for the Purposes and within the Meaning of this
present Act, but for no other Purpose, each of such Territorial Divisions shall be
considered a distinct and separate Colony, saving only that as regards the Appro-
priation herein-after directed of a certain Portion of the Proceeds of Sales of Land
to the Introduction of Emigrants from the United Kingdom, it shall be sufficient
that such Emigrants be introduced into any part of the entire Colony, without re-
ference to the Territorial Division in which such Proceeds of Sales may have accrued;
and provided always, that it shall be lawful for Her Majesty, by any Instructions
to be issued by Her Majesty in manner before mentioned, to disallow and annul
any such Proclamation or Proclamations; provided that such Instructions be issued
within Six Calendar Months next after the Receipt by One of Her Majesty's Prin-
cipal Secretaries of State, from such Governor, of the Transcript of such Procla-
mation; provided also, that such Instructions shall take effect within the said
Colony upon the Receipt thereof by the said Governor, and not before.

XV. And be it enacted, That if any Person or Persons shall offer to purchase
from the Governor of any such Colony by private Contract any Block of unsurveyed
Land comprising Twenty thousand Acres or more, and forming, as nearly as the
natural Landmarks of the Country will admit, a Parallelogram, of which no one
Side shall be more than twice the Length of any other Side, it shall be lawful for



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1842, No 48





✨ LLM interpretation of page content

πŸ›οΈ Continuation of Act regarding Upset Prices and Sale Conditions for Crown Lands (continued from previous page)

πŸ›οΈ Governance & Central Administration
22 June 1842
Crown Lands, Upset Price, Private Contract, Auction, Territorial Divisions, Governor, Legislation