Land Settlement Regulations




102

  1. The Commissioner of Crown Lands,
    or some other person duly authorized by the
    Governor to act in that behalf, shall conduct
    all sales by auction.

  2. Immediate payment, in cash, of one
    tenth of the purchase-money, shall be the
    condition of every sale by auction; and in
    default thereof the land shall be again imme-
    diately put up to auction; the remaining
    nine-tenths must be paid by the purchaser
    within one calendar month of the day of sale,
    or the one-tenth deposited will be forfeited,
    and the whole transaction null and void.

  3. Any lands put up to auction, and not
    sold, may, within six months next after such
    day of auction, be purchased by any person
    who shall pay for the same the original up-
    set price in full at the time of making such
    purchase: Provided there has been no bid-
    ding for such lands, and in case of any bid-
    ding then the highest price bid. Provided
    also that any lands which may have been
    put up for sale, and not sold before these
    Regulations have come into operation, may
    be purchased in like manner, until such
    lands have been again offered by auction.

  4. Provided also, that whenever the ti-
    tle to any Native land shall have been ex-
    tinguished, it shall be lawful for the Go-
    vernor, if he shall think fit, to permit any of
    the Native sellers to purchase, at a price to
    be assessed in the same manner as other
    Crown Lands, any portion of such land not
    being town or suburban land, and the same
    may be conveyed by Crown Grant accord-
    ingly.

  5. Provided further that in certain cases
    where lands have been acquired by purchase
    from the Natives previous to the coloniza-
    tion of the Province by Europeans, or have
    been occupied with the consent of the Na-
    tives previous to the Proclamation of Sir
    George Grey, dated the 4th day of March,
    1853, such persons or their descendants now
    in occupation of such lands shall be entitled
    to purchase the said lands or any portion
    thereof not exceeding in any case eighty
    acres at the rate of ten shillings per acre.

  6. No portion of the land occupied by
    a pasture license-holder, whereon a home-
    stead shall have been erected or improve-
    ments made, shall be offered for sale until
    the offer of purchasing such land shall have
    been made to such license-holder, at a price
    per acre assessed within the limits of the up-
    set price of the class of land to which the
    land in question may belong.

  7. The license-holder in such case will
    be entitled to purchase, upon the terms men-
    tioned in the preceding clause, a block of
    land not exceeding eighty acres, containing
    his homestead and improvements; but he
    may be required to exercise his right of pur-
    chase at any time after one months' notice.

  8. In case of the license-holder declin-
    ing or neglecting to exercise his right of
    purchase, the land on which his homestead
    stands may be offered for sale, but in that
    case, the value of the improvements thereon
    shall be assessed in some equitable manner
    the land shall be offered for sale at a price
    made up of the upset price of the land and
    the value of the improvements. Should any
    other than the holder nf the license become
    the purchaser, the value of his improve-
    ments will be paid to the license-holder im-
    mediately after the sale; but should there be
    no bidding for such homestead, the license-
    holder will be required to purchase the land
    at the upset price (minus the value of his
    improvements) immediately after the sale;
    should he not do so, the homestead may at
    any time be sold at such price as may be
    deemed expedient.

  9. Whenever any portion of land com-
    prised in any pasture license, shall be pur-
    chased by other than the holder of such li-
    cense, it shall be lawful for the Commis-
    sioner to delay giving possession for any time
    not exceeding three months, to afford such
    license-holder a reasonable time for the re-
    moval of his property.

V. Naval and Military Settlers.

  1. Any naval or military officer on full
    or half-pay, whether belonging to her Ma-
    jesty's service or to that of the East India
    Company, who shall retire or obtain his dis-
    charge for the purpose of settling in New
    Zealand, shall be entitled so receive a money
    Certificate to the amount of £300, on his
    signing, and depositing with the Commission-
    er of Crown Lands, a Memorandum, that by
    the acceptance of such certificate he holds
    himself to have come under an honourable
    engagement, and does accordingly engage,
    to reside within the Province of Nelson for
    the space of two years from the issue of such
    certificate.

  2. Non-commissiond Officers and Privates
    in Her Majesty's army or the Royal Marine,
    who, being on service in New Zealand, shall
    obtain their discharge there (such privates
    being discharged with good conduct cer-
    tificates), shall, after a residence within
    the province of one year after discharge, be
    entitled to receive a money certificate to
    the following amount :----

Non-Commissioned Officers, or equivalent
to that rank in the sea service.. £60
Privates, marines, and seamen .. £30

  1. Every such money certificate shall at
    any time be received instead of money in
    payment, or part-payment, as the case may
    be, of the purchase money of Crown land
    purchased within the Province.


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1856, No 17





✨ LLM interpretation of page content

🗺️ Continuation of Regulations for Classification and Sale of Provincial Lands by Auction (continued from previous page)

🗺️ Lands, Settlement & Survey
14 May 1856
Auction rules, Payment terms, Unsold land, Native land rights, Pasture license holders, Homesteads
  • Commissioner of Crown Lands
  • Governor
  • Sir George Grey

🗺️ Entitlements for Naval and Military Settlers purchasing land in Nelson Province

🗺️ Lands, Settlement & Survey
Naval officers, Military discharge, Money certificate, Land purchase, Nelson Province, East India Company
  • Commissioner of Crown Lands