Continuation of Land Regulations




being less than fifty acres or more
than one hundred and fifty.
2. That the term to be granted shall be any
number of years at the option of the Lessee, not
exceeding twenty-one.
3. That there shall be reserved a royalty or
rent of one-fifteenth of the minerals to be raised.
4. That the lease shall contain clauses in the
usual form introduced into Mining Leases, 1.
for securing the payment of the Royalty or rent.
2. For enabling some person on the part of the
Lessor from time to time, to enter and examine
the mine. 3. For securing the regular, proper,
and efficient mining and working of the Minerals.
4. For making void the Lease or breach of the
stipulations on the part of the Lessee therein
contained. 5. For delivering up the property at
the termination of the Lease in good tenantable
repair. 6. For enabling the Lessee to abandon
the working of the Minerals whenever he shall
find the same unprofitable to work—and surren-
der the Lease.
48. All applications for Leases shall be sent in
by the applicant and dealt with by the Waste
Land Board in the same manner as applications
for General Country Land, and in the event of
an auction taking place, the upset price for a
twenty-one year's lease shall be a Rent or Royalty
of one-fifteenth of the Minerals to be raised.
49. The Land comprised in any Mining Lease
shall, at the request of the Lessee at any time,
be put up to Auction at an upset price of one
pound per acre subject to the Lease thereof
already granted.
50. Every applicant for a Mineral Lease shall
furnish to the Waste Land Board within a time
to be fixed by them, after the application shall
have been granted, a plan and description of the
land to be leased, which plan and descrip-
tion shall be made and prepared by a licensed
Surveyor.
IX.
Auctions.
51. Notice of the time and place at which any
Auction (except Auctions in order to decide
between two applicants for the same land as
hereinbefore provided,) is intended to be held,
and also of the allotments of land which will then
be offered for sale or lease shall be given by the
Waste Land Board, by notice in the Provincial
Government Gazette not more than three months
or less than one month before such Auction
shall take place.
52. No land shall be included in any such
notice, unless the same shall have been previously
surveyed, and have been distinguished, by an
appropriate mark upon a map, to be exhibited in
the Waste Land Office for public inspection
during usual office hours.
53. The Land shall be offered at Auction by
some person appointed by the Waste Land Board
for the purpose.
54. Immediate payment of one-tenth part of
the purchase money shall be a condition of every
sale by auction, and the remaining nine-tenths of
the purchase money must be paid by the pur-
chaser within one calendar month next, after the
time of such sale by auction, or the one-tenth of
the purchase money so paid, by way of deposit
as aforesaid will be forfeited, and the contract for
the sale of the land will thenceforth be null and
void.
55. In the case of lands thus forfeited by non-
completion of the contract for their purchase, it
shall be competent for any person within the
next three years, after the Auction at which the
bidding for such lands was made—to purchase such
lands for the amount that was then bid for them,
after deducting the amount of any deposit that
shall have been paid thereon.
56. It shall also be competent for any person
within three years next, after any Auction, to
become without any further auction the pur-
chaser of any lands so put up for sale as afore-
said, and not then sold by offering and paying for
the same, the upset price at which the same may
have been put up for sale.
57. Notwithstanding anything herein contained
it shall be competent for the said Waste Land
Board, instead of permitting any Land to be pur-
chased as authorised by the above clauses 55 and
56, to cause any land which shall not have been
already applied for under the said clauses, to be
put up again to Auction, giving such notice
thereof as is hereinbefore provided, in respect of
land to be offered at Auction.

X.
Occupation of Crown Lands.
58. The right of pasturage on the Waste Lands
of the Crown within any Hundred is enjoyed ex-
clusively by occupants of land held under grant
from the Crown. Pensioners enrolled for service in
New Zealand or persons of the Native race
occupying land within the Hundred by
permission of the Government.
59. The right of occupation of Waste Lands of
the Crown out side Hundreds under pasture and
timber Licenses is provided for by the Rules and
Regulations made under the Crown Lands Ordi-
nance, No. 1, of Session 10, and the "Crown
Lands Amendment Ordinance," No. 10, of Ses-
sion 11.
60. The provisions of the said Ordinances and
such of the said Rules and Regulations made in
pursuance thereof, as are for the present, hereby confirmed.
Provided always, that the acts of the Commis-
sioner of Crown Lands appointed under the said
Ordinance, No. 1, of Session 10, shall be subject
to revision by the Waste Land Board (except
such duties as are prescribed by clause 26 of the
said Act), in the same manner as the Acts of the
Chief Commissioner of the Land Board are sub-
ject to the revision of the said Board.
61. No person will be allowed to purchase any
portion of the land occupied by a pasturage or
timber license holder, wherein a homestead shall
have been erected, or improvements made, until
the offer of purchasing such land shall have been
made to such license holder at the price of ten
shillings an acre.
62. The license holder in such case will be
allowed to exercise the right of purchasing at
such fixed price his homestead or improved land
together with such land adjoining thereto as he
may desire, not being on the whole less than ten
or more than eighty acres, and subject to the
provisions hereinbefore contained as to the form
of selected allotments of General Country Land,
and shall be allowed six calendar months for the
payment of his purchase money, provided always
that such license holder shall not be allowed to
select land set apart or required for public
purposes.
63. Whenever any portion of land comprised
in any pasture or timber license shall be pur-
chased by other than the holder of such license,
it shall be lawful for the Waste Land Board to
delay giving possession of the said land for any
time not exceeding three months, in order to
afford such license holder a reasonable time for
the removal of his property.
64. It shall be lawful for the Waste Land
Board to require any license holder to exercise
his right of purchase at any time after one month's
notice, although no person shall have applied to
purchase the land.



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1855, No 4





✨ LLM interpretation of page content

🗺️ Continuation of Regulations for Sale and Occupation of Waste Lands (continued from previous page)

🗺️ Lands, Settlement & Survey
8 February 1855
Mining leases, auctions, Crown lands occupation, pasturage licenses, timber licenses, Waste Land Board