✨ Land Sale Regulations
148
THE NEW ZEALAND GAZETTE.
- Provided always that it shall be lawful for the
Superintendent, instead of permitting any land to be
purchased as authorized by the last two clauses, to
cause any lands which shall not already have been
applied for under the said clauses, to be put up again
to auction, giving such notice thereof as is herein-
before provided in respect of land to be offered at
at auction.
I.—RURAL LAND.
-
The Superintendent may from time to time
reserve such rural land as he may think fit for sale
by auction, and the same shall be sold in like manner
as is prescribed for the sale of town and suburban
land. -
The Superintendent shall from time to time
notify a certain day on and after which any 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 Waste Lands Commissioner or his Deputy, 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. -
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 Com-
missioner. -
The purchase money, after the rate of ten
shillings an acre, for the quantity of land applied
for, shall be paid to a Receiver of Land Revenue, who
shall give a receipt in duplicate, and no application
shall be entertained unless one of such duplicate
receipts shall be annexed to the application. -
The Commissioner or his Deputy shall, on
receipt of such application, (and in the presence of
the intending purchaser or his agent, if such
purchaser 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. -
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 purchase
money thereof. -
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, on payment of a fee of
one shilling. -
The applications so received shall not be
opened until noon of the first day appointed in the
manner aforesaid by the Superintendent for the sale
of such rural land, on which day no further appli-
cation shall be received. -
The Commissioner or his Deputy shall, on the
day so appointed, and in presence of such of the
intending purchasers or their agents as may attend
for that purpose, proceed to open all such applications
so received. -
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 purchase money thereof, such
person shall be deemed the purchaser of such land. -
If it should at any time appear before the
decision of the Commissioner that two or more
intending purchasers have made application for the
same land and that each of them has duly paid the
purchase money thereof, such land shall be put up to
auction in such blocks as the Commissioner may
determine, at an upset price of ten shillings an acre,
on a day to be decided by the Commissioner or his
Deputy. -
The Commissioner or his Deputy 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 purchase money
so paid by him in respect of such allotment, and such
Receiver shall pay the same on demand accordingly. -
After the day fixed for opening the applications
sent in as aforesaid, all the unsold portions of such
rural lands shall be open for sale to the first applicant
for same. -
Every such subsequent application must be
made in writing to the Commissioner or his Deputy
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 Commissioner, and no such appli-
cation shall be entertained unless it be accompanied
by a receipt for the purchase money signed by a
Receiver of Land Revenue, or by some person
authorized by him. -
The Commissioner or his Deputy, immediately
on receipt of such application, shall, in the presence
of the intending purchaser or his agent, if such pur-
chaser 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 the purchase
money of the same. -
As soon as such entry shall have been made so
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. -
Provided always that every application for
general country land shall comprise not less than
forty acres, and shall, so far as the features of the
country will permit, be of a rectangular form, and
when fronting on a road, river, lane, or coast, be of
a depth, when practicable, not less than three times
the length of the frontage, and no application which
does not comply with these requirements shall be
granted; but it shall be competent for any applicant,
with the consent of the Commissioner, to amend his
application, so that any such alteration in no way
interferes with any other application duly made at
the time. -
The Commissioner, at the time of any appli-
cation being granted or as soon as conveniently may
be thereafter, shall inform the applicant that the
land selected will be surveyed by and at the expense
of the Government, or that the applicant must have
the same surveyed at his own expense, by a surveyor
to be approved of in writing by the Commissioner. -
When land is surveyed by the applicant at his
own expense, he shall be entitled to an allowance
according to a scale to be from time to time fixed by
the Commissioner, for the cost thereof, not exceeding
in any case after the rate of one shilling an acre. -
Every survey to be made at the expense of the
applicant must be completed to the satisfaction of
the Commissioner, and the plans thereof delivered
to him with as little delay as possible, and within a
time to be fixed by him, which shall in no case exceed
six calendar months; and in default thereof it shall
be lawful for the Commissioner either to have the
land surveyed at the applicant's cost, which shall be
repaid by him within one month of the completion of
the survey, or it shall be lawful for the Commissioner
to sell the land to some other person, and in such
latter case the purchase money paid by the first
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✨ LLM interpretation of page content
🏛️
Errata regarding previous Order in Council and Proclamation
(continued from previous page)
🏛️ Governance & Central AdministrationLand sales, Auction procedures, Clause continuation
🗺️ Regulations for the Sale and Selection of Rural Land by Auction and Application
🗺️ Lands, Settlement & SurveyRural land, Land sale, Auction, Application process, Purchase money, Land survey, Commissioner
NZ Gazette 1867, No 23