✨ 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.
-
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. -
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. -
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. -
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. -
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. -
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. -
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.
-
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. -
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.
-
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. -
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. -
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. -
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. -
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. -
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. -
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. -
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. -
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.
-
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. -
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-
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✨ LLM interpretation of page content
🗺️
Continuation of Auckland Land Regulations (Sections 19 onwards)
(continued from previous page)
🗺️ Lands, Settlement & Survey26 August 1859
Town Lands, Suburban Lands, Country Lands, Land Sale Procedures, Auction, Applications, Upset Price
NZ Gazette 1859, No 29