Continuation of Land Regulations




original lessee will be entitled to the occupation
of the same. Provided always that the estate and
interest of any lessee who shall die during the
currency of the lease shall vest in his appointee
constituted in writing, and, in default of such ap-
pointee, in his representative, either of whom
shall be subject to the like terms and conditions
as the lessee was subject to.
24. If any person holding under such lease
as aforesaid shall not enter into bona fide occu-
pation of or shall cease to bona fide occupy the
land thereby leased, or shall refuse to pay the
rent which shall from time to time become due,
in every such case it shall be lawful for the
Waste Land Board, by a notification to be pub-
lished in the Provincial Government Gazette, to
declare that the right and interest of such lessee
in such land shall cease and be forfeited.
25. If any lessee or any other person shall con-
tinue in possession of land which shall have be-
come forfeited under clauses 22 or 24. (unless an
appeal to the Waste Land Board as hereinafter
provided be pending) he shall be deemed to be
in the unlawful occupation of Crown land, and
subject to the provisions and penalties of the
Crown Lands Ordinance No. 1 of Session 10.
26. If any question shall at any time arise as
to whether a forfeiture has been incurred under
clauses 22 or 24, it shall be lawful for the lessee
within one month after such question shall have
arisen, to appeal to the Waste Land Board by
whom such question shall be fully and fairly in-
vestigated and decided according to equity and
good conscience. Provided always that if the
lessee be dissatisfied with any decision of the said
Board on such question, the same shall, at the
request of the lessee, if preferred in writing to
the Chairman of the said Board, within seven
days after the decision shall have been given, be
referred to two arbitrators and an umpire, to be
appointed in the usual way, and whose decision
shall be final and conclusive.
27. Every person shall be deemed to have
bona fide occupied any Special Occupation Land,
held under lease as aforesaid, who shall at any
time have made improvements thereon, or any
part thereof, after the rate (for all such Occupa-
tion Land held by him) of ten shillings per acre
for every year during such occupation. And a bona
fide
residence by the lessee on any such land shall
be deemed and taken to be equivalent to improve-
ments made thereon to the extent of twenty
pounds for each year of such residence.

IV.

Emigration from United Kingdom, &c,

  1. As it is expedient that persons emigrating
    from the United Kingdom or elsewhere to settle
    in the Province of Auckland should be entitled
    to acquire property in land free of cost in propor-
    tion to their actual outlay on emigration, every
    such person who shall, out of the Colony of New
    Zealand, purchase a Land Order for the selection
    of Special Occupation Land and pay a deposit
    thereon as hereinbefore provided, shall be entitled
    to nominate any number of persons, himself in-
    cluded, (the amount of whose passage money
    shall not exceed the purchase money of the land
    selected) as intending to emigrate to the
    Province of Auckland and bona fide settle
    there, and the Agent of the Waste Land
    Board shall thereupon grant a nomina-
    tion certificate stating the names and ages
    of the persons so nominated, a description of the
    Land Order in respect of which such Nomination
    Certificate is claimed, and that the person to
    whom such certificate is granted claims to acquire
    land free of cost in respect of the same.

18

  1. Every Nomination Certificate shall be pre-
    sented to the Waste Land Board in Auckland, or
    to their agent elsewhere in the Province, before
    whom shall appear personally such of the per-
    sons named therein as shall have arrived, and the
    Waste Land Board, or their agent, on being
    satisfied as to the bona fide intention of such per-
    sons to settle in the Province of Auckland, shall
    in exchange for such Nomination Certificate,
    grant a Money Certificate in respect only of such
    persons who shall have actually arrived, or who
    shall have embarked, but died on the passage,
    stating the amount for which such Money Certi-
    ficate will be received in payment of the purchase
    money of the land which shall be selected under
    the Land order in respect of which such Nomina-
    tion Certificate shall have been granted.
  2. In making up the total sum, for which any
    Money Certificate shall be granted, the amount
    to be allowed shall be as follows:
    For every cabin passenger as follows:
    If from If from any of
    Europe, the Australian
    Colonies
    For every person 14 years
    of age and upwards £40
    For every child between 7
    and 14 years of age 24 6
    For every child above one
    year and not exceeding
    7 years of age 16 4
    For intermediate and steerage passengers as fol-
    lows:
    If from If from any of
    Europe, the Australian
    Colonies
    For every person 14 years
    of age and upwards £20
    For every child between 7
    and 14 years of age 12 5
    For every child above one
    year and not exceeding
    7 years of age 8 3
  3. Every such Money Certificate shall at any
    time be received instead of money for the amount
    therein expressed, in payment or part payment
    as the case be, of the purchase money of land
    purchased under the Land Order in respect of
    which the said Money Certificate shall have been
    granted.
  4. It shall be lawful for any person having
    made such selection as aforesaid, to pay the whole
    of the purchase money at any time, or such por-
    tion thereof as may be paid by a Money Certifi-
    cate under these Regulations, and all rent shall
    from the date of such payment cease to be paya-
    ble, or a deduction therefrom shall be made in
    proportion to the amount of money paid on ac-
    count by such Money Certificate as the case may
    be. Provided nevertheless that no Grant shall
    be made until after a bona fide occupation, as
    herein provided.

V.

Emigration from India.

  1. As the appointment of agents in India can-
    not at present be conveniently made, and it is de-
    sirable to encourage emigration therefrom, every
    person arriving from India for the purpose of
    settling in the Province of Auckland, and desirou
    of selecting land, shall be entitled to acquire pro-
    perty free of cost, in proportion to his actual
    outlay on Emigration upon the following
    terms.
  2. Every such person shall, within three days
    after his arrival, personally attend at the office
    of the Waste Land Board in Auckland, and


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1855, No 4





✨ LLM interpretation of page content

🗺️ Proclamation issuing Regulations for the sale and occupation of Waste Lands in Auckland Province (continued from previous page)

🗺️ Lands, Settlement & Survey
8 February 1855
Lease conditions, Forfeiture, Occupation requirements, Emigration, Land Order, Nomination Certificate, Waste Land Board