✨ Land Regulations Text




THE NEW ZEALAND GAZETTE. 205

  1. If any lessee or any other person shall con-
    tinue in possession of land which shall have be-
    come forfeited under the provisions of these Re-
    gulations (unless an appeal as hereinafter pro-
    vided be pending) he shall be deemed to be in
    the unlawful occupation of Waste Lands of
    the Crown, and shall forfeit and pay for every
    day during which he shall so continue in pos-
    session the sum of 40s, to be recovered before
    any Justice of the Peace in a summary way.

  2. Every lessee of Credit Land shall forward
    to the Commissioner on the last day of the the
    second year, and on the last day of every subse-
    quent year of the term of his lease, or within
    fifteen days after such days respectively, a
    return in writing in a form to be, from time to
    time, prescribed by the Superintendent, of the
    land improved by him during the preceding
    year, and the nature of such improvements,
    which return shall be certified by two house-
    holders, and all such returns shall forthwith be
    published in the Provincial Government Gazette
    for general information.

  3. Any Lessee or his assign will be permitted
    to assign and transfer any Credit Land, subject
    to the terms and conditions prescribed in the
    original lease, and subject also to the approval of
    the Superintendent, on the recommendation of
    the Commissioner.

  4. If any person holding under such lease as
    aforesaid shall not within six months enter into
    bona fide occupation of the land thereby leased,
    or if he shall not pay the yearly rent of sixpence
    per acre at the end of the second and every sub-
    sequent year, or if he shall cease to bona fide
    occupy, or if he shall omit for one month after
    notice to make the return in writing required as
    aforesaid, the Commissioner shall forthwith, by
    a notification to be published in the Provincial
    Government Gazette, declare that the right and
    interest of such lessee in such land has become
    forfeited; and the Superintendent may let or
    sell or otherwise dispose of it under these Regula-
    tions in the same manner as if the land had never
    been let to such lessee.

  5. If any question shall at any time arise as
    to whether a forfeiture has been incurred or suffi-
    cient improvements made, as required by these
    Regulations, it shall be lawful for the lessee,
    within one month after such question shall
    have arisen, to prefer an appeal, in writing, to
    the Superintendent, which appeal shall be re-
    ferred, at the expense of the party requiring the
    same, to two arbitrators and an umpire, to be
    appointed in the usual way, whose decision shall
    be final and conclusive.

  6. If any lessee or any other person shall,
    after the time for appealing to the Superinten-
    dent against the decision of the Commissioner
    shall have elapsed, continue in possession of land
    which shall have become forfeited under the pro-
    visions of these Regulations, he shall be deemed
    to be in the unlawful occupation of Waste Lands
    of the Crown, and shall forfeit and pay for every
    day during which he shall so continue in pos-
    session the sum of forty shillings, to be recovered
    before any Justice of the Peace in a summary
    way.

V.
Land for Special Settlement.

  1. It shall be lawful for the Superintendent
    from time to time, to declare by Proclamation
    that a certain Block of Land therein described
    shall be set apart and reserved for certain Im-
    migrants expected to arrive from the United
    Kingdom, or elsewhere, other than the Austra-
    lian Colonies.

  2. Such land so set apart and reserved shall
    be sold exclusively to such Immigrants upon the
    terms and conditions hereinbefore prescribed
    respectively in reference to Town and Suburban
    Land and to General Country Land and Credit
    Land, as the Superintendent may from time to
    time think fit.

  3. It shall be lawful for the Superintendent
    at any time to revoke any such Proclamation,
    and the land therein comprised shall thereafter
    be open to be classified and dealt with as though
    the same had not been set apart and reserved as
    aforesaid: Provided always that the validity of
    any act which shall have been done under such
    proclamation before the revocation thereof, shall
    not be affected by such revocation.

VI.
Mineral Lands.

  1. Any person applying for a Lease of Waste
    Land (other than Town or Suburban Land),
    whether surveyed or unsurveyed, for the pur-
    pose of winning and working the Minerals (other
    than Gold) therein contained, shall be entitled
    to the same upon the following terms and con-
    ditions:-

  2. The Lease shall comprise so much Land
    as shall, in the opinion of the Commis-
    sioner, be necessary for the efficient
    working of the Minerals, not being less
    than 20 or more than 80 acres.

  3. The term to be granted shall be any
    number of years, at the option of the
    Lessee, not exceeding 21.

  4. There shall be reserved a Royalty or
    rent of one-fifteenth of the Minerals to
    be raised.

  5. The Lease shall contain clauses in the
    usual form introduced into Mining Leases,
    -1. For securing the payment of the
    Royalty or rent: 2. For enabling some
    person on the part of the Lessor from time
    to time to enter and examine the Mine.
    3. For securing the regular, proper, and
    efficient winning and working of the
    Minerals, 4. For making void the Lease
    on breach of the stipulations, on the part
    of the Lessee, therein contained. 5. For
    delivering up the property at the termi-
    nation of the Lease in good tenantable
    repair. 6. For enabling the Lessee to
    abandon the working of the Minerals,
    whenever he shall find the same un-
    profitable to work, and surrender the
    Lease.

  6. All applications for Leases shall be sent in
    by the applicant, and dealt with in the same
    manner as applications for General Country
    Land.

  7. Every applicant for a Mineral Lease shall
    furnish to the Commissioner, within a time to
    be fixed by him after the application shall have
    been granted, a plan and description of the land
    to be leased; which plan and description shall
    be made and prepared by a surveyor to be ap-
    proved of by the Commissioner.

  8. The Land comprised in any Mining Lease
    shall, at the request of the Lessee, at any time
    after an occupation of three years, be put up to
    auction at an upset price of ten shillings
    an acre, subject to the Lease thereof already
    granted.

VII.
Immigration.

  1. As it is expedient that persons emigrating
    at their own cost from the United Kingdom and
    elsewhere, other than the Australian Colonies


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1859, No 29





✨ LLM interpretation of page content

πŸ—ΊοΈ Continuation of Land Regulations concerning lease forfeiture and appeal procedures. (continued from previous page)

πŸ—ΊοΈ Lands, Settlement & Survey
26 August 1859
Lease forfeiture, Unlawful occupation, Waste Lands, Improvements, Rent, Appeal process

πŸ—ΊοΈ Regulations establishing land reserved for Special Settlement immigrants.

πŸ—ΊοΈ Lands, Settlement & Survey
26 August 1859
Special Settlement, Immigrants, Proclamation, Land reservation, Superintendent

🌾 Terms and conditions for leasing Mineral Lands, excluding Gold.

🌾 Primary Industries & Resources
26 August 1859
Mineral Lease, Royalty, Rent, Acreage limits, Surveyor requirements, Auction

πŸ›‚ Beginning of regulations concerning self-funded Immigration from outside Australian Colonies.

πŸ›‚ Immigration
26 August 1859
Emigration, United Kingdom, Self-cost immigrants