Continuation of Land Regulations




40
him, every such person shall be liable to the
same penalties and proceedings as are herein-
after provided for the unlawful occupation of
Crown Lands.

  1. If any cattle shall be found unlawfully
    trespassing upon any lands or public roads
    within the limits of a Hundred, whether such
    lands shall be the property of the Crown, or
    shall belong to any private person, and
    whether such lands shall be fenced or not it
    shall be lawful for any of the Wardens of such
    Hundred, or for any person authorised by
    them, to impound the cattle so trespassing in
    auy public pound, to be delt with according
    to law.

XI.
Unlawful occupation of Crown Lands.

  1. If any person shall occupy any Waste
    Lands of the Crown, either by residing or by
    erecting any hut or building thereon, or by
    elearing, enclosing, or cultivating any part
    thereof, or shall fell, remove, or sell the timber
    growing or being on any such land, or other-
    wise unlawfully occupy the same without
    having a lease or license for such purpose
    respectively, every such person shall, on con-
    viction for any of the offences hereinbefore
    mentioned, forfeit and pay any sum not
    exceeding fifty pounds to be recovered in a
    summary way; Provided that no person shall
    be convicted of any of the offences aforesaid,
    except on the information or complaint of the
    Waste Land Board, or of some person by it
    duly authorised in that behalf.

  2. If any person so convicted as aforesaid
    shall, for the space of one calender month,
    continue in possession or occupation of such
    land, or otherwise persist in the unlawful act
    for which he shall have been so convicted,
    every such person shall, upon conviction of
    any such further offence, upon such informa-
    tion or complaint as aforesaid, forfeit and
    pay any sum not less than five pounds, nor
    more than fifty pounds, to be recovered in a
    summary way.

  3. Nothing herein contained shall be con-
    strued to prevent any licensed occupier of
    Crown Lands, or his agent or servant, from
    cutting for his own use such timber on the
    lands so occupied by him as is ordinarily
    used, and as may be necessary for domestic
    purposes for firebote, fencing, stock yards,
    or other conveniences, for the enjoyment of
    the said lands, unless such timber be reserved
    by the Superintendent for public purposes,
    and the licensed occupier shall have
    warned of such reservation.

  4. No possession or occupation of any
    Crown Land had or taken by virtue of any
    license as aforesaid, or by depasturing under
    the provisions of these regulations or other
    wise, shall be construed to give any title
    whatever against the Crown, or to alter or affect
    in any respect the rights of Her Majesty,
    her heirs, and successors in respect of any
    such lands.

  5. If any cattle shall be found unlawfully
    trespassing upon any Crown Lands, whether
    the same shall be fenced or not, it shall be
    lawful for the Waste Land Board or for any
    person by it authorised in that behalf, either
    generally or in the particular case, to impound
    the cattle so trespassing, in any public pound,
    to be dealt with according to law; provided
    that the Waste Land Board shall not, nor
    shall any person acting under its authority be
    authorised or required to impound cattle tres-
    passing upon Lands forming any part of any
    defined Run, unless such cattle shall be found
    trespassing in defiance of an adjudication made
    by the said Board with respect to such land.

  6. In any action, suit, or proceeding
    against any person, for, or in respect of any
    alleged unlawful occupation, trespass, or use
    of, or upon any Crown Lands, the proof that
    the occupation or use in question was autho-
    rised by the provisions of these Regulations,
    or of any Order or Regulation made in the
    pursuance thereof, shall lie on the Defendant.
    And the averment that any lands in question
    are Crown Lands shall be sufficient without
    proof of such fact, unless the Defendant prove
    the contrary. And all maps, plans, licenses,
    certificates, and office copies, certified as true
    under the hand of the Government Surveyor
    or of the proper officer of his Department, or
    of any member of the Waste Land Board
    shall, in all matters relating to the said res-
    pective offices, be sufficient evidence of their
    contents without production of original record,
    and without the personal attendance of such
    officers, or proof of their signatures.

  7. Every licensed occupier of a run shall
    have a pre-emptive right to acquire by pur-
    chase at the rate of 10s. per acre subject to
    the conditions of purchase hereinbefore con-
    tained, 80 acres of land at one of the Stations
    and 10 acres of land at each of the other Sta-
    tions erected upon the said Run; and such
    land shall not be sold to any other applicant
    until the offer of purchase shall have been
    made to such licensed Runholder, who shall
    be required to exercise his right of purchase
    within one month after the date of the offer so
    made to him, and in the event of the non-
    payment of the purchase-money within the
    period aforesaid the Runholder shall be
    deemed to have declined to purchase, and the
    said land may be sold to any applicant, And
    it shall be lawful for the Waste Land Board
    to require such Runholder to exercise any
    such pre-emptive right at any time after one
    month's notice although no person shall have
    applied to purchase the said land.

  8. Whenever any portion of land com-
    prised in any Pasture or Timber license shall
    be purchased by any 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
    3 months, in order to afford such license-
    holder a reasonable time for the removal of
    his property.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1856, No 5





✨ LLM interpretation of page content

🗺️ Continuation of Land Regulations regarding Waste Land Board procedures and Pasturage/Stock Assessment rules. (continued from previous page)

🗺️ Lands, Settlement & Survey
12 February 1856
Waste Land Board, regulations, occupation, trespass, cattle, impounding, pre-emptive right, license, Crown Lands