Text of Land Regulations




THE NEW ZEALAND GAZETTE. 203

aforesaid, and of all rent due up to the date of
payment, he shall be entitled to receive a Crown
Grant for the same, and shall be relieved from all
liabilities entailed upon him by the Special
Occupation clauses of the Regulations aforesaid.

II.

Town Lands and Suburban Lands.

  1. Town lands and Suburban lands, except-
    ing such as shall be reserved for public purposes,
    or for any purpose in these Regulations specified,
    shall be offered for sale by public auction at an
    upset price, to be fixed by the said Superin-
    tendent, with the advice and consent of the
    Executive Council.

  2. The Superintendent shall, from time to
    time, notify in the Government Gazette of the Pro-
    vince of Auckland, and in such newspapers
    in the Colony of New Zealand or elsewhere as to
    him shall seem meet, what lands are to be sold at
    such public sales, and the upset prices thereof re-
    spectively; and such lands shall not be so offered
    for sale, until at least two calendar months shall
    have elapsed after the first publication of such
    notification.

  3. Such public sales shall be held and con-
    ducted by such person at such times, and in such
    places within the said Province, as the Superin-
    tendent shall, by notification in the Government
    Gazette for the Province of Auckland, from time
    to time nominate and appoint.

  4. The purchase money of each allo'ment of
    land sold at such sale shall be paid by the pur-
    chaser thereof, or his agent, to a Receiver of
    Land Revenue as follows, namely one-fourth of
    the price thereof, at the time of sale, by way of
    deposit, and the remaining three fourths at any
    time within one calendar month after the sale.
    In the event of the second payment not being
    made to such Receiver within the said period of
    one calendar month, the sale shall be void, and
    the deposit forfeited.

  5. It shall be lawful for any person within
    twelve calendar months after any such auction, to
    purchase any land in respect of which the deposit
    shall have been forfeited as aforesaid, by paying
    for the same, in cash, the sum for which such
    land was knocked down at the auction.

  6. It shall be lawful for any person within
    twelve calendar months after any auction, to be-
    come the purchaser, by private contract of any
    land so put up for sale as aforesaid and not
    knocked down to any bidder, on paying for the
    same, in cash, the upset price at which the same
    was put up for sale.

  7. Provided always that it shall be lawful for
    the Superintendent, instead of permitting any
    land to be purchased, as authorised by the last
    two clauses, to cause any lands which shall not
    have been already applied for under the said
    clauses, to be put up again to auction, giving such
    notice thereof as is hereinbefore provided in re-
    spect of land to be offered at auction.

III.

Country Lands.

  1. The Superintendent shall, from time to time,
    notify a certain day on and after which any Coun-
    try Land will be open for sale. On and after that
    day, any person desirous of purchasing any of
    the same shall send in a written application, dur-
    ing office hours, under a sealed cover, directed to
    the Commissioner, or to his Deputy, at such
    place as shall be stated in such notification.

  2. Every such application shall state the name
    of the intending purchaser, the area and situation
    of the allotment, and the number of the same on

the map deposited as aforesaid in the office of the
Commissioner, and shall have legibly endorsed
thereon the words "Application for Land,"
together with the name of the intending pur-
chaser, and the number of acres he proposes to
purchase.

  1. The purchase money, after the rate of ten
    shillings per acre, for the quantity of land ap-
    plied for shall be paid to a Receiver of Land
    Revenue, who shall give a receipt in duplicate;
    and no application shall be entertained unless one
    of such receipts shall be annexed to the applica-
    tion.

  2. The Commissioner or his Deputy shall, on
    receipt of any such application (and in the pre-
    sence of the intending purchaser or his agent, if
    such purchaser or agent should desire the same),
    enter in a Minute Book, to be kept for that pur-
    pose, a minute of the receipt of such application
    and of the endorsement thereon.

  3. The minutes to be so entered in such book
    shall be consecutively numbered, from one up-
    wards, and shall set forth the date of the recep-
    tion of every such application, the name of the
    intending purchaser, the number of acres which
    he proposes to purchase, and the amount which
    he shall have so paid as the purchase money
    thereof.

  4. Such book shall be open to the public for
    inspection at all times, during office hours, during
    which time any person may take a copy of, or
    extract from, any minute entered therein.

  5. The applications so received shall not be
    opened until noon of the first day appointed in
    manner aforesaid by the Superintendent for the
    sale of such country land; on which day no
    further applications shall be receivable.

  6. The Commissioner, or his Deputy, together
    with a Receiver of Land Revenue, shall, on the
    day so appointed, and in presence of such of the
    intending purchasers or their agents as may at-
    tend for that purpose, proceed to open all such
    applications so received.

  7. Where it shall appear, on opening the said
    applications, that but one person has in manner
    aforesaid given notice of his intention to purchase
    any one allotment, and that he has duly paid the
    purchase money thereof, such person shall be
    deemed the purchaser of such allotment.

  8. But if it should at any time appear that
    two or more intending purchasers have made
    applications for the same allotment, and that
    each of them has duly paid the purchase money
    thereof, the said allotment shall forthwith be
    put up by the Commissioner, or his Deputy, for
    sale by auction at the upset price of ten shillings
    an acre, at which sale only the applicants, in
    person, or by their agents, shall be allowed to bid.

  9. The Commissioner, or his Deputy, shall
    immediately after such auction give to each of
    the unsuccessful parties, or his agent, an order on
    the Receiver of Land Revenue for the return of
    the purchase money so paid by him in respect of
    such allotment, and the Receiver shall pay the
    same on demand accordingly.

Subsequent Applications.

  1. After the day fixed for opening the appli-
    cations sent in as aforesaid, all the unsold portions
    of such Country Lands shall be open for sale to
    the first applicant for the same.

  2. Every application must be made in writ-
    ing to the Commissioner, or his Deputy, during
    office hours, and must state the area and situation
    of the allotment, and the number of the same on
    the map deposited in the Land Office as aforesaid;
    and no such application shall be entertained
    unless it be accompanied by a receipt for the pur-



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1859, No 29





✨ LLM interpretation of page content

🗺️ Continuation of Auckland Land Regulations (Sections 19 onwards) (continued from previous page)

🗺️ Lands, Settlement & Survey
26 August 1859
Town Lands, Suburban Lands, Country Lands, Land Sale Procedures, Auction, Applications, Upset Price