Land Sale Regulations




422
THE NEW ZEALAND GAZETTE.

notify in the New Zealand Gazette, and in such news-
papers 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
respectively, and such lands shall not be so offered
for sale until at least one calendar month shall have
elapsed after the publication of such notification.

  1. Such public sales shall be held and conducted
    by such person at such times and in such places
    within the said Province as the Commissioner shall
    by notification in the Government Gazette from time
    to time nominate and appoint.

  2. The purchase money of each allotment of land
    sold at any such sale shall be paid by the purchaser
    thereof or his agent to the Receiver of Land Revenue,
    as follows, namely: one-fourth at the time of sale by
    way of deposit, and the remaining three-fourths
    within three calendar months after the sale. In the
    event of the second payment not being made as afore-
    said the sale shall be void and the deposit forfeited.

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

  4. Provided always that it shall be lawful for the
    Commissioner, instead of permitting any land to be
    purchased as authorized by the last two clauses, to
    cause the same to be put up again to auction, giving
    such notice thereof as is hereinbefore provided in
    respect of land to be offered at auction.

General Rural Land.

  1. The Commissioner shall divide the general
    rural land into three classes according to relative
    value, and shall affix a price to each class, as follows:-
    No. 1 class, fifteen shillings an acre; No. 2 class, ten
    shillings an acre; and No. 3 class, five shillings an
    acre; and from time to time may vary, alter, and
    annul any such division in the whole or in part only,
    and make a new division thereof, and may declare
    that any land shall belong to any one of the said
    classes or shall cease to belong thereto.

  2. The Commissioner shall from time to time
    notify a certain day on and after which any general
    rural land shall be open for selection and sale, and
    previous to that day any person desirous of purchasing
    any of the same shall send in a written application
    during office hours, under a sealed cover directed to
    the Commissioner, at such place as shall be stated in
    such notification. Every such application shall have
    legibly written thereon the words "Application for
    Land," and the name of the intending purchaser, and
    the number of acres he proposes to purchase.

  3. Every such application shall state the number
    of acres the applicant is desirous of purchasing, and
    shall describe the same as accurately as may be, so
    that the same may be identified and marked on a plan
    of the district to be provided by the Commissioner.

  4. The purchase money, after the rate aforesaid,
    for the quantity of land applied for, shall be paid to
    the Receiver of Land Revenue as hereinafter men-
    tioned, who shall give a receipt in duplicate for the
    deposit, and no application shall be entertained
    unless one of such duplicate receipts shall be annexed
    to the application.

  5. Twenty per cent. of the purchase money shall
    be paid at the time of sale, and twenty per cent.
    within each period of three, six, nine, and twelve
    months from the day of sale. In the event of any of
    such payments not being duly made as aforesaid the
    sale shall be void, and every payment made previously
    to default shall be forfeited.

  6. The Commissioner or his Deputy shall, on
    receipt of such application (and in the presence of
    the intending purchaser or his agent, if such pur-
    chaser or agent should desire the same), enter into a
    Minute Book to be kept for that purpose a minute of
    the receipt of such application.

  7. The minutes to be entered in such book shall
    be consecutively numbered from one upwards, and
    shall set forth the date of the reception 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 pur-
    chase money thereof.

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

  9. The applications so received shall not be opened
    until noon of the first day appointed in manner afore-
    said by the Commissioner for the sale of such general
    rural land, on which day no further application shall
    be received.

  10. The Commissioner shall on the day so appointed
    and in presence of such of the intending purchasers
    or their agents as may attend for that purpose, pro-
    ceed to open all such applications so received.

  11. When it shall appear on opening the said
    applications that but one person has in manner
    aforesaid applied to purchase any land and that he
    has duly paid the deposit thereon, such person shall
    be deemed the purchaser of such land.

  12. If it should at any time appear before the
    decision of the Commissioner that two or more in-
    tending purchasers have made application for the
    same land, and that each of them has duly paid the
    deposit thereon, such land shall be put up to auction
    in such blocks as the Commissioner may determine,
    at an upset price of 15s. or 10s. or 5s. an acre,
    according to the class to which the same may belong,
    on a day to be decided by the Commissioner.

  13. The Commissioner shall, immediately after such
    auction, give to each of the unsuccessful persons or
    his agents an order on the Receiver of Land Revenue
    for the deposit so paid by him in respect of such
    allotment, and such Receiver shall pay the same on
    demand accordingly.

  14. After the day fixed for opening the applications
    sent in as aforesaid all the unsold portions of such
    general rural lands shall be open for sale to the first
    applicant for the same.

  15. Every such subsequent application must be
    made in writing to the Commissioner during office
    hours and must state the quantity and situation of
    the land, and describe the same as accurately as may
    be, so that the same may be identified and marked
    on a plan of the district to be provided by the Com-
    missioner; and no such application shall be enter-
    tained unless it be accompanied by a receipt for a
    deposit of twenty per cent. of the purchase money,
    signed by the Receiver of Land Revenue.

  16. The Commissioner immediately on receipt of
    such application, shall, in the presence of the intend-
    ing purchaser or his agent, if such purchaser or
    agent desire it to be done, enter in the Minute
    Book to be kept for that purpose, the day and hour
    of the receipt of the application, the name of the
    purchaser, the quantity, situation, and description of
    the land, and the amount paid as deposit.

  17. As soon as such entry shall have been so made
    in conformity with these Regulations the land to
    which the same shall refer shall be deemed to be sold
    and the purchaser thereof entitled to a Crown Grant
    on payment of the balance of the purchase money
    as hereafter provided.

  18. The purchase money shall be paid as follows:
    twenty per cent. by way of deposit as aforesaid, and
    the remainder in four equal payments of twenty per



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1866, No 59





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🗺️ Continuation of Regulations for the Sale and Disposal of Lands in Auckland Province (continued from previous page)

🗺️ Lands, Settlement & Survey
23 November 1866
Land Sale, Regulations, Public Auction, Upset Price, Rural Land, Deposits, Applications, Commissioner