Land Sale Regulations




148
THE NEW ZEALAND GAZETTE.

  1. 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.

  1. 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.

  2. 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.

  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 Com-
    missioner.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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.

  17. 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.

  18. 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.

  19. 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.

  20. 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



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1867, No 23





✨ LLM interpretation of page content

🏛️ Errata regarding previous Order in Council and Proclamation (continued from previous page)

🏛️ Governance & Central Administration
Land sales, Auction procedures, Clause continuation

🗺️ Regulations for the Sale and Selection of Rural Land by Auction and Application

🗺️ Lands, Settlement & Survey
Rural land, Land sale, Auction, Application process, Purchase money, Land survey, Commissioner