Proclamation and Land Regulations




8
THE NEW ZEALAND GAZETTE.

And whereas application has been made by the
Superintendent and Provincial Council of the Province
of Otago that the operation of the said part and
sections of the said Act be extended to the said
Province:

Now therefore, I, Sir George Grey, in pursuance
and exercise of the power vested in me by the said
Act, do hereby proclaim and extend the operation of
the fifth part of the said Act, including sections
thirty-three, thirty-four, thirty-five, thirty-six, thirty-
seven, thirty-eight, and thirty-nine, and of section
fifty-two, of the said Act, to the Province of Otago.

Given under the hand of His Excellency Sir
George Grey, Knight Commander of
the Most Honorable Order of the Bath,
Governor and Commander-in-Chief in
and over Her Majesty's Colony of New
Zealand and its Dependencies, at the
Government House, at Wellington, and
issued under the Seal of the said Colony,
this tenth day of January, in the year of
our Lord one thousand eight hundred
and sixty-seven.

J. RICHARDSON,
(For the Colonial Secretary.)

GOD SAVE THE QUEEN!

G. GREY, Governor.

IN pursuance of the power vested in me by the
thirty-ninth section of "The Gold Fields Act,
1866," I, Sir George Grey, Governor of the said
Colony, do hereby make the following regulations,
prescribing the mode in which applications may be
made for leases of land for agricultural purposes, the
quantity of land not exceeding fifty acres which shall
and may be granted in a lease in any particular
block, the amount of deposit to be paid by any
applicant therefor, and by any objector thereto, the
terms and conditions upon which such leases may be
held, occupied, assigned, transferred, forfeited, and
cancelled, the amount of rent payable therefor, and
the terms and places of payment, the conditions upon
and the manner in which entry to search for gold, or
for any metal or mineral, upon any land so leased,
may be authorized, and the terms and conditions
upon which holders of Miners' Rights may be per-
mitted to mine upon land the lease for which shall
have been determined on account of its auriferous
character.

REGULATIONS.
Mode of Application.

  1. Every application for an Agricultural Lease
    must be made in the form of the first Schedule
    hereto, or to the like effect, to the Warden of the
    district wherein the land is situate; and copies of
    such application must be posted and maintained by
    the applicant for a period of fourteen (14) days, on
    boards standing not less than three (3) feet above the
    surface of the ground, and erected, one at each corner
    of the land so applied for.

Deposit to be paid by Applicant.

  1. Every such application must be accompanied by
    a deposit of ten pounds (£10), and the Warden
    shall give the applicant a partly written and partly
    printed receipt the same in the form in the second
    Schedule hereto.

Charge on deposit.

  1. Each deposit as aforesaid shall be chargeable
    with survey fees, to be assessed as hereinafter set
    forth, and with a fee of one pound (£1) for the
    preparation of the lease, and with the first half-year's
    rent to be charged in all cases, and also with any
    costs or expenses that may be incurred by any person
    who shall make a valid objection to the granting of
    the lease, the amount of which costs and expenses
    shall be adjudged by the Warden, the balance, if any,
    of such deposit will be returned after the application
    has been finally dealt with.

Objectors to make deposit.

  1. Any person objecting to the issue of an
    Agricultural Lease shall within fourteen (14) days
    from the date of the application give notice thereof,
    setting forth the grounds of his objection in writing
    to the Warden, and shall therewith deposit the sum
    of two pounds (£2) as security for the prosecution of
    his objection, or in satisfaction of any costs and
    expenses to which the applicant may be put by reason
    of such objections, if disallowed, and if such objection
    should not be prosecuted, or should fail, so much of
    the deposit shall be handed over to the applicant as
    may be necessary to repay the expenses of such
    applicant, and the balance (if any) shall be refunded
    to the person so objecting.

Boundaries must be marked.

  1. The boundaries of the land applied for must be
    marked on the ground by trenches, and substantial
    posts standing not less than three feet above the
    surface at each corner thereof.

Areas must be rectangular.

  1. Every area of land so applied for must be
    rectangular in form, unless a creek or river or other
    natural obstacle renders a deviation from the
    rectangular form necessary.

Survey.

  1. Immediately after the hearing of an application
    the Warden (if there be no objection against the
    granting thereof) shall direct a surveyor to proceed
    to the land for the purpose of surveying and reporting
    on the same; and upon receipt of such surveyor's
    report, the Warden shall without delay forward the
    application for the approval of His Honor the
    Superintendent.

Valid objections.

  1. If any valid or seemingly valid objection is
    lodged against the granting of an application, or if
    there should be any cause known to the Warden why
    such application should not be granted, the Warden
    shall forthwith forward the application, together with
    his own report thereon, for the decision of His Honor
    the Superintendent.

Protection during application.

  1. Land for which application shall have been made
    in the manner aforesaid shall be protected from the
    date of such application until the decision of His
    Honor the Superintendent shall have been made
    known to the Warden.

Possession where no objection.

  1. If, upon the hearing of any application, it shall
    appear that no objection thereto has been lodged with
    the Warden, and there shall be no cause known to
    the Warden why such application should not be
    granted, the Warden shall upon application therefor
    issue a certificate of the same to the applicant, and
    such applicant may thereupon take possession of the
    land so applied for, and such land shall thereafter be
    surveyed as nearly as possible in the form in which
    it has been taken up, and in conformity with the
    sixth regulation as hereinbefore prescribed, but to the
    extent of fifty (50) acres only.

Exemptions.

  1. Agricultural Leases will not, except in special
    cases, be granted for lands within the boundaries of
    proclaimed townships or public reserves, nor for any
    area including a permanent water course, or which
    may present auriferous indications, and in all cases a
    public roadway, one chain in width, will be reserved
    along the margins of navigable streams and rivers.


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1867, No 2





✨ LLM interpretation of page content

🌾 Proclamation extending operation of Gold Fields Act sections to Otago Province (continued from previous page)

🌾 Primary Industries & Resources
10 January 1867
Gold Fields Act 1866, Proclamation, Otago Province, Land extension
  • Sir George Grey, Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies
  • J. Richardson, (For the Colonial Secretary.)

🌾 Regulations prescribing procedure for Agricultural Lease applications under Gold Fields Act

🌾 Primary Industries & Resources
Agricultural Leases, Gold Fields Act 1866, Regulations, Warden, Survey, Deposits, Objections
  • Sir George Grey, Governor