Waste Land Regulations Details




21

XI.
Appropriation of Land Fund.
Subject to the provisions of the Imperial
Act of Parliament, 15 and 16 Victoria, chapter
72, all proceeds arising from the sale, letting,
disposal, and occupation of the Waste Lands of
the Crown will be appropriated to emigration,
to the making of roads and bridges, and to other
Public Works in such proportions as the Super-
intendent with the advice and consent of the
Provincial Council shall from time to time
direct and appoint.

XII.
Fees on Crown Grants.
66. By the Local Ordinance No. 11 Session 7,
the sum of twenty shillings is payable before the
delivery of every Crown Grant by the person
entitled to receive the same, no other fee is pay-
able on the issue of Crown Grants.

XIII.
Waste Land Board.
67. There shall be established a Board to be
called the Waste Land Board to consist of one
chief Commissioner and of at least two other
Commissioners all of whom (except such one as
shall be appointed to act as Treasurer) shall be
appointed and be removeable by the Superin-
tendent with the advice and consent of his Exe-
cutive Council. The Chief Commissioner shall
also hold the office of Commissioner of Crown
Lands under the Crown Lands Ordinance No. 1
of Session 10.
68. One member of the Waste Land Board
shall also be the Treasurer thereof, and such
member shall be appointed and be removeable by
the Governor.
69. The Waste Land Board may with the con-
sent of the Superintendent and his Executive
Council from time to time appoint one or more
agents to act for them out of New Zealand, and
such agent or agents may be removed by the said
Board with such consent as aforesaid.
70. The salaries of officers to be appointed by
the Governor shall be paid by the General Govern-
ment, and the salaries of officers to be appointed
by the Superintendent or by the Waste Land
Board shall be paid by the Provincial Govern-
ment.
71. All business connected with the sale, letting,
disposal and occupation of the Waste Lands
of the Crown, except as hereinafter provided by
section 72 shall be transacted by the Waste Land
Board.
72. There shall be at the office of the Waste
Land Board a room open to the public, and the
particulars of every application for the sale,
letting, disposal or occupation of any Waste
Land of the Crown shall be posted as soon as
opened, as herein before provided in section 41, in
some conspicuous part of such room for three
days before such application shall be decided on.
73. Before any application shall be decided on,
any person may give notice in writing to the said
Board that he intends to dispute the granting of
the same and if such person shall at the same
time deposit with the said Board the sum of £5,
no such application shall be decided on except at
a meeting of the Board after a full hearing of all
parties. The £5 so deposited or any part thereof,
may be appropriated in payment of costs to any
party, or returned to the person depositing the
same at the discretion of the Board.
74. All applications in reference to which no
such notice shall have been given, shall be dis-
posed of and all the routine business of the Waste
Land Office shall be transacted by the Chief Com-
missioner as soon as conveniently may be, subject

nevertheless within ten days in all matters to re-
consideration and revision by the Board.
75. All applications in reference to which any
such notice shall have been given, and all disputes
and differences relating or incident to the sale,
letting, disposal and occupation of the Waste
Lands of the Crown or to any act to be done
under these Regulations or to the interpretation
or meaning thereof shall be heard and determined
at meetings of the Board.
76. All meetings of the Board for the despatch
of business shall be attended by at least two
Commissioners and shall be open to the public.
Reasonable public notice shall be given of all
business to be transacted at such meetings.
77. The decisions of the Board on all such matters
as aforesaid to be heard and determined by them
shall be final and conclusive. Provided always
that the Board may on the application of any
person grant a re-hearing of any case decided by
them if they shall think that justice requires it,
and on such re-hearing may reverse, alter, or
modify any previous decision in the same case.
78. The Board shall keep a Record of their
proceedings in which shall be entered in writing
a full and particular account of all business tran-
sacted by them and a minute of the opinion of
the members of the Board in cases where they
differ, which record shall be open to the inspection
of any person at all reasonable hours on payment
of a fee of two shillings and sixpence for each in-
spection.
79. There shall also be kept in the office of the
Board in a convenient form for reference every
letter report and communication received and a
copy of every letter written and order made by
the said Board and by the Chief Commissioner
thereof and a convenient index shall be made
thereto, all which shall be open to inspection
by any person at all reasonable times on payment
of a fee of two shillings and sixpence for each
inspection.

XIV.
Definition of "Waste Lands of the Crown."
80. The terms "Waste Lands of the Crown"
and "Waste Lands" in the first and second sec-
tions of these Regulations shall be deemed to
include all such Lands as are declared by the
72nd section of the Constitution Act to be Waste
Lands of the Crown within the meaning thereof.
81. The terms "Waste Lands of the Crown"
and "Waste Lands" throughout these Regula-
tions (except in the first and second sections
thereof) shall be taken to comprise only Land
whereof the native title shall have been extin-
guished and the fact of such extinguishment
shall have been notified by the General Govern-
ment to the Provincial Government, and it shall
be the duty of the General Government from
time to time to give such notification in respect
of all lands the native title to which shall have
been extinguished and the boundaries thereof
satisfactorily defined.

XV.
Commencement of Regulations.
82. These Regulations shall come into force
on the fifteenth day of March 1855.

T. H. BARTLEY,
Speaker.

1, Robert Henry Wynyard Superintendent
of the Province of Auckland do hereby recom-
mend to the Governor the above regulations for
the sale, letting, disposal and occupation of the
Waste Lands of the Crown, that they be issued
and put in force in the said Province.

R. H. WYNYARD,
Superintendent.



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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
15 March 1855
Regulations, Waste Lands, Crown Grants, Waste Land Board, Land Fund, Provincial Council, Commencement
  • T. H. Bartley, Speaker
  • R. H. Wynyard, Superintendent
  • Robert Henry Wynyard, Superintendent