Continuation of Land Regulations




202
THE NEW ZEALAND GAZETTE.

  1. Whenever the title to any Native land shall
    have been extinguished, it shall be lawful for the
    Governor, within one month thereafter, to permit
    the Native sellers to purchase, at the rate of ten
    shillings an acre, any portion of such land; and
    the same, when surveyed, may be conveyed by
    Crown Grant accordingly.

  2. It shall also be lawful for the Governor, if
    he shall think fit, within three months after the
    extinguishment of the Native title in any land, to
    sell and dispose of the same, or any part thereof,
    to the person or persons at whose instance such
    extinguishment shall have been effected, for a sum
    not less than after the rate of ten shillings an
    acre, with the addition of the price paid to the
    Natives for the release of their rights in the land
    sold, and the cost of surveying thereof.

  3. For the purpose of carrying out the provi-
    sions of these Regulations, there shall be a Waste
    Land Commissioner (hereinafter called "the
    Commissioner"), who shall be appointed and be
    removable by the Superintendent, with the
    advice and consent of his Executive Council.

  4. It shall be lawful for the Superintendent,
    from time to time, to appoint a fit and proper
    person to act as Deputy for the Commissioner at
    any place within the Province: and the person
    so appointed shall have the same powers and
    authority as the Commissioner, and all acts done
    by such Deputy shall be as valid as if done by
    the Commissioner.

  5. The Superintendent shall, from time to
    time, divide such portions of the Waste Lands as
    are about to be offered for sale into the following
    or such of the said classes as he shall think fit,
    viz.:-

  6. Town lands,

  7. Suburban lands,

  8. General country lands,

  9. Credit lands,

  10. Land for special settlement;

and may from time to time vary, alter, and annul
such division, and make a new division thereof:
Provided always, that the total quantity of land
which shall be notified as open for sale as Credit
Land shall not exceed two hundred thousand
acres (200,000) in the whole:

  1. No land shall be offered for sale or disposed
    of by auction, or otherwise, until it shall have
    been properly surveyed and marked off on the
    ground, and a map thereof deposited as a record
    in the office (hereinafter called "the Land Office")
    of the Commissioner, and no larger quantity of
    land than 320 acres shall be put up for sale by
    auction in any one lot.

  2. Every allotment of Country Land shall
    have a frontage to a road, and the Commissioner
    shall use all due diligence in causing to be se-
    lected the most available lines for Roads, with
    reference to their practical utility as means of
    communication, and not as mere boundary lines
    of allotments; he shall also, as far as practicable,
    lay off the allotments in such manner as to give
    to each, in proportion to its extent, equal advan-
    tages, as nearly as may be, in respect to practi-
    cable roads and to wood and water.

  3. All Reserves, Streets, Roads, Sections, and
    Allotments, and other divisions of the Land, shall
    be so marked off on the ground, and distinguished
    on the Map thereof, by numbers, or otherwise, as
    to be easily identified.

  4. Corrections shall from time to time be made
    in every such Map, so as to clearly exhibit, at all
    times, the lands sold, those about to be offered
    for sale, and those which are open for selection
    as hereinafter provided, and also any alterations
    that may at any time be made in the division of
    the land thereon delineated.

  5. Every such map on which shall be delime-
    nated any land about to be offered for sale, and any
    land open for sale, or an authentic copy of such
    map, shall be kept in the Land Office or some
    other convenient place, open for public inspection
    at all times during office hours.

  6. The Superintendent may from time to
    time as to him it shall seem meet, reserve portions
    of the said lands for public roads, or other inter-
    nal communications, or for the sites of future
    towns or villages, or for the sites of places of
    worship, or public buildings, or of common schools
    in which shall be taught reading, and writing in
    English, arithmetic, and English grammar, or as
    endowments for the maintenance of such common
    schools, or for charitable purposes, or as places for
    the interment of the dead, or for the recreation
    and amusement of the inhabitants of any town
    or village, or as the sites of public quays or
    landing places on the sea coast, or on shores of
    navigable streams, or for any other purpose of
    public utility, convenience, health, or enjoy-
    ment.

  7. In every town or village set apart, there
    shall be at least ten allotments, containing as
    nearly as may be one half of an acre each,
    reserved in the most eligible situation, as sites for
    places of worship; and as soon as any allotments
    in such town or village have been declared open
    for sale, the Superintendent shall, by notification
    in the Provincial Government Gazette, invite the
    representatives of the several religious bodies
    recognised as having officiating Ministers residing
    within the Province, coming within the provi-
    sions of the "Marriage Act," who may wish to
    obtain sites for places of worship, to make to the
    Commissioner, on or before a day to be named,
    written application for one of such allotments;
    and at noon of the Monday following the day
    appointed for such application, the priority of the
    right of selection shall be decided by lot by the
    Commissioner, in the presence of the parties ap-
    plying, or their representatives, if any shall
    attend.

  8. All such reserved lands, with the exception
    of such as shall be reserved as sites of Towns and
    Villages, may, upon the request of the Superin-
    tendent, be granted by the Governor to any Body
    Corporate, or to any person or persons gratoi-
    tously to be held in trust for the public uses for
    which the same were reserved, and no other.

  9. Any person who, for a period of five
    years prior to the ninth day of March,
    1858, had resided on land, over which the
    Native Title had not been extinguished,
    shall at any time within three months
    after such title shall be extinguished, be
    entitled to select an allotment of land of such
    form as the Commissioner shall prescribe, con-
    taining any number of acres not exceeding three
    hundred, including and adjacent to the site on
    which such person shall have resided...

  10. Such allotment shall be sold to the person
    so selecting the same as aforesaid upon the same
    terms and conditions as are hereinafter prescribed
    in respect of Credit Land, and any improvements
    at any time made on the land so selected before
    the selection thereof, shall be deemed and taken
    as part of the improvements required to be made
    in respect of Credit Land under these Regula-
    tions.

  11. Any person who may have been put in
    possession of and bona fide occupied land under the
    Special Occupation clauses of the Auckland Land
    Regulations, dated February, 1855, shall be en-
    titled to purchase the same at the price of 10s.
    an acre, at any time before the termination of his
    lease, and upon payment of the price thereof as



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1859, No 29





✨ LLM interpretation of page content

🗺️ Sections 2-18 of Auckland Land Regulations regarding land purchase and administration (continued from previous page)

🗺️ Lands, Settlement & Survey
26 August 1859
Land sale procedures, Native title extinguishment, Waste Land Commissioner powers, Land classification, Surveying requirements, Public reserves, Credit Land