Agricultural Lease Regulations




THE NEW ZEALAND GAZETTE. 271

Objectors to make Deposit.
4. Any person objecting to the issue of an agricul-
tural 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) with a receiver of Gold Revenue as
security for the prosecution of his objection, or in
satisfaction of any costs and expenses to which the
applicant may be put to 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.
5. 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.
6. 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 rect-
angular form necessary.

Survey.
7. 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 such person or
persons as the Governor or his delegate for the time
being shall from time to time appoint for the
purpose.

Valid objections.
8. 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 such per-
son or persons as the Governor, or his delegate for
the time being, shall from time to time appoint for
the purpose.

Protection during application.
9. Land for which application shall have been made
in the manner aforesaid, shall be protected from the
date of such application until such decision shall have
been made known to the Warden.

Possession where no objection.
10. 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 sur-
veyed 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.

Special agricultural blocks.
11. In any case where the Governor, after notice
published for one (1) fortnight in the Warden's office
of the district to which the same applies, shall order
that the whole or any part of a block of land taken
or set apart for agricultural purposes shall, before
any applications are granted, be laid out in sections
of not less than ten (10) or more than fifty (50)
acres each, a map shall in such case be made of
the land open for selection; and every section shall
be distinguished by an appropriate number, and
every such block shall be declared open for selection
by notice posted in the Warden's office and other
public places in the district, and the order of choice
of the sections shall be the order in which the
applications shall have been received at the Warden's
office.

Exemptions.
12. Agricultural leases will not, except in special
cases, be granted for land within the boundaries of
proclaimed townships or public reserves, nor for any
area including a permanent watercourse, 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.

Non-execution of lease.
13. If any applicant fails or neglects to execute his
lease within one (1) month after service of notice
from the Warden that such lease is ready for execu-
tion, such lease will unless special cause for delay is
shown) be cancelled, and a fee of one pound (£1), in
addition to the charges hereinbefore mentioned, shall
thereupon be deducted from the deposit.

Cancellation of leases.
14. Leases will be forfeited and may be cancelled if
the land is sublet or transferred without the
sanction and authority of the Governor or his
delegate for the time being; or, if planting,
cultivation, or other permanent improvement is not
commenced within three months after the issue of a
certificate or lease; or if one-fourth in acreage of
the land is not planted, cultivated, or otherwise
improved within twelve months from the date of any
such certificate or lease; or if at any time during the
currency of the lease the land shall be neglected for
a period of six months.

Transfer.
15. Agricultural leases will not be transferrable
without the special sanction and authority of such
person or persons as the Governor, or his delegate
for the time being, shall from time to time appoint
for the purpose, and for every such transfer a fee or
fine of one pound (£1) will be charged; and no such
transfer will be sanctioned in any case unless and
until the conditions with respect to improvement
shall have been duly complied with by the original
applicant, and all rents due shall have been fully paid.

Rent.
16. The rent charged shall be four shillings (4s.)
per acre for the first half year, which shall cover all
charges for the survey and preparation of the
lease of the land, and after the first half year
at the rate of two shillings and sixpence (2s. 6d.)
per acre per annum, payable half yearly in advance
from the date of the certificate or lease, as the case
may be, and every fractional part of an acre will be
considered as an acre and charged accordingly.

Land may be taken for roads.
17. The right to survey through any land held
under an agricultural lease, such roads as may be
deemed essential for public convenience is reserved,
and also the right to throw them open to public traffic,
subject to the allowance of valuation for improve-
ments, and for any standing and growing crops
which may be in or upon such line of road only at
the period when possession thereof is taken by the
Governor or his delegate for the time being.

Conditions of entry to search for gold, &c.
18. The right of free entry to any land so leased as
aforesaid for the purpose of searching for gold, or for
any other metal or mineral, is reserved to the Governor,



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1867, No 36





✨ LLM interpretation of page content

🗺️ Revocation of Otago Gold Field regulations and new agricultural lease rules (continued from previous page)

🗺️ Lands, Settlement & Survey
Agricultural lease, Objections, Surveying, Boundaries, Rent, Mining rights, Warden, Land regulations