Land Sale Regulations Text




THE NEW ZEALAND GAZETTE. 173

Australian Colonies who shall have authority
to grant Special Land Orders, subject to the
provisions of the said Act and these Regula-
tions.

  1. Such Agent shall diligently enquire
    into the character and occupation of every
    applicant for a Land Order before the grant-
    ing of any such Order, and no such Applicant
    shall be entitled as a matter of right to any
    such Land Order.

  2. It shall be lawful for the said Agent, in
    his discretion, to grant to every intending
    emigrant to New Zealand a Land Order,
    which shall be called "A Bay of Islands Special
    Land Order," and may be in the form set
    forth in the Schedule hereunder written;
    such Order shall entitle the person in respect
    of whom the same was granted to select land
    free of cost out of lands set apart for the
    purposes, subject to the provisions of these
    Regulations, according to the following
    scale, viz. :-For each person above the age
    of 18 years, 40 acres; for every person above
    the age of 5 years and under 18 years, 20
    acres.

  3. Every such Order shall be signed by
    the Agent granting the same, and shall be
    dated on the day of granting the same.

  4. In the event of the death of any person
    in respect of whom any such Land Order
    may have been granted before he shall have
    obtained a Crown Grant of the lands selected
    in pursuance thereof, in accordance with
    these Regulations, his interest therein shall
    vest in his legal personal representative.

  5. Every such Order shall be presented to
    the Waste Lands Commissioner, or the person
    he may appoint, within six months after the
    arrival in the Province of Auckland of the
    person in respect of whom the same has been
    granted, and within forty-eight months of
    of the date of such order; and the said Com-
    missioner shall notify on the back thereof
    the date of presentation, and shall also enter
    in a book to be kept for that purpose full
    particulars of such Order, the name of the
    person in respect of whom the same was
    granted, his age, and date of arrival in the
    Province.

  6. Such Orders shall entitle the holder
    thereof to select out of lands surveyed and
    set apart as Rural Lands only.

  7. The Governor shall from time to time
    fix a place and time for the selection of lands,
    under the said Orders, and such time and
    placeshall be notified in the Provincial Govern-
    ment Gazette
    of the Province of Auckland;
    and the block or piece of land, surveyed as
    rural land, shall be divided into convenient
    allotments to meet the various Orders which
    may be issued by virtue of the said Act, and
    other regulations.

  8. All persons holding such Land Orders,
    who may desire to select land by virtue there-
    of, shall make application one clear day at least
    before the time appointed for the selection, in
    writing to the said Waste Land Commissioner,
    or the person he may appoint, describing the
    number of the lot out of which he is desirous
    to select his land, and the number of acres
    which he is entitled to by virtue of the Order
    or Orders which he may hold.

  9. If, when opening such application, it
    shall appear that more than one person has
    applied for the same piece of land, the priority
    of choice shall be determined by lot, in such
    manner as the said Waste Lands' Commis-
    sioner shall think fit.

  10. No person shall be allowed to select an
    allotment of land which shall exceed in extent
    10 acres over or above the quantity he is en-
    titled to select free of cost.

  11. Any person applying for an allotment
    of land not exceeding ten acres the quan-
    tity of land he is entitled to select, shall,
    upon delivering such application, together
    therewith, pay the sum of £1 for every acre
    in excess of the quantity which he is entitled
    to select free of cost by virtue of his Land
    Order.

  12. Every person who may have selected
    land by virtue of these regulations, shall be
    entitled to a Crown Grant thereof upon
    proving to the satisfaction of the Waste Land
    Commissioner that he has resided on the said
    land, or on the block of land set apart for the
    purposes of the Act, for a period of 12
    months at least, or that he has resided in the
    Province of Auckland for a period of 24
    months.

And as to the disposal of Town and Sub-
urban Lands:

It shall be lawful for the Governor out of
the said Block of land to reserve 100 acres for
the purpose of a Town and 500 acres for the
purpose of Suburban lands.

It shall be lawful for the Governor out of
the said last mentioned reserves to set apart
such and so much of the said reserves as to
him shall seem fit for all public buildings and
other public purposes.

After making such public reserves as last
mentioned the said lands so reserved as Town
and Suburban lands shall be sold by Public
Auction at such times and subject to such
conditions as the Governor shall from time to
time think fit.

The money to arise from such sale shall be
disposed of according to the provisions of the
said recited Act, and to such regulations as
the Governor in Council shall from time to
time direct for the following purposes, namely:

  1. In defraying the expenses incident to
    the formation and laying out such Settlement,
    including the payment of any compensation to
    the owners of any land that may be reserved
    or taken under the provisions of this Act.

  2. In the making and erection of Roads,
    Bridges, Docks, Quays, Landing - places,
    Wharves, Piers, Public Buildings, and other
    public works, within such Settlement, and in
    repayment of any Loans advanced for any
    such purpose.

  3. In establishing, endowing, and maintaining
    Public Schools and other Public Institutions,



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1864, No 15





✨ LLM interpretation of page content

🗺️ Regulations for the Sale and Disposal of Land in the Bay of Islands Settlement (continued from previous page)

🗺️ Lands, Settlement & Survey
19 April 1864
Bay of Islands Settlement Act, Land sales, Colonization, Regulations, Town allotments, Rural land selection, Crown Grant