Text of Legislation




145

abouts, in Canterbury 9,000,000 acres or thereabouts, in Otago 15,000,000
acres or thereabouts. And whereas it is expedient to define and settle the
rights of the said owners of such Land Orders and Scrip. BE IT ENACTED
by the General Assembly of New Zealand as follows:---

  1. Notwithstanding the provisions of any Act, Ordinance, Regulation,
    or Proclamation to the contrary, all Land Orders issued by the New Zealand
    Company, which have not been exercised or commuted, entitling the holders or
    owners thereof to select a definite quantity of Land within any of the said
    Company's Settlements, except New Plymouth, may hereafter be exercised and
    used in the selection of the same quantity of Land as is specified in such
    Land Orders, out of the Waste Lands of the Crown, over which the Native
    title shall have been extinguished at the date of the passing of this Act, situate
    within the Province in which such Settlement lies, but not elsewhere, subject to
    the ordinary regulations for the time being, in force as regards shape, frontage,
    and other particulars of selection, and subject to the exceptions and reservations
    hereinafter contained; and all such selections shall be made, according to
    priority of application, at the Land Office of the District wherein the same are
    to be made.
    Land Orders may
    be exercised on Land

  2. The commutation of New Zealand Company's Land Orders and Scrip
    for Government Scrip made in accordance with the provisions of the New Zea-
    land Company's Land Claimants' Ordinance, shall, in all cases, be deemed to
    have been valid up to the date of the passing of this Act, but no such com-
    mutation shall be made after such date.
    Commutation of Com-
    pany's Land Orders
    for Government Scrip
    declared valid.

  3. All such Scrip as aforesaid issued by the Government of New Zealand
    remaining unexercised at the date of the passing of this Act may be exercised
    within the Province within which the Settlement is situated in respect of
    which such Scrip was issued, and not elsewhere, but, except as hereinafter is
    provided with respect of the Province of New Plymouth, no such Scrip shall be
    exercised over any lands in which the title of the Natives shall not have been
    extinguished at the date of the passing hereof.
    Government Scrip—
    where to be exercised.

  4. Where selection has heretofore been made, by virtue of any such Land
    Orders, of lands over which the native title is not extinguished, such land orders
    shall not entitle the holders to claim such lands when the native title may here-
    after be extinguished, but the same shall be deemed to be unexercised land
    orders, and exercisable as such.
    Where selection has
    been made of Native
    land, land orders &c
    to be deemed unexer-
    cised and be exercis-
    able as such.

  5. Within the Province of New Plymouth, Government Scrip shall be
    available in the purchase of lands over which the native title now is, or hereafter
    shall be extinguished, subject nevertheless to the regulations respecting Govern-
    ment Scrip now in force within the said Province.
    How Scrip to be ex-
    ercised in Province of
    New Plymouth.

  6. Within the said Province of New Plymouth, every unexercised original
    Land Order issued by the Plymouth Company of New Zealand, or by the New
    Zealand Company, and conferring or purporting to confer on the owner or
    holder thereof, the right to select in a fixed and definite Order of choice fifty
    acres of land within the Settlement of New Plymouth, shall entitle such
    owner or holder in priority to general purchasers, and according to the afore-
    said order of choice to select out of any lands over which the Native title now
    is or hereafter shall be extinguished, and which shall be declared open for pur-
    chase (except the Huia Village site) one acre of town land, or twelve and a half
    acres of suburban land, or fifty acres of rural land, at the option of such
    owner or holder, and subject to the following conditions (that is to say):
    Provided, first, that every such selection in town or suburban land, or in rural
    land, divided into sections, be, so far as may be, of an entire section or sections,
    How original Land
    Orders may for the fu-
    ture be exercised in
    the Province of New
    Plymouth.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1856, No 32





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🏛️ Continuation of Act regarding Land Orders and Scrip (continued from previous page)

🏛️ Governance & Central Administration
16 August 1856
Legislation, Land Orders, Scrip, Land selection, New Plymouth, Native title, General Assembly