✨ 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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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✨ LLM interpretation of page content
🌾
Proclamation extending operation of Gold Fields Act sections to Otago Province
(continued from previous page)
🌾 Primary Industries & Resources10 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 & ResourcesAgricultural Leases, Gold Fields Act 1866, Regulations, Warden, Survey, Deposits, Objections
- Sir George Grey, Governor
NZ Gazette 1867, No 2