✨ Land Sale Regulations




258

THE NEW ZEALAND GAZETTE.

G. F. BOWEN, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this
eleventh day of May, 1871.
Present:
THE HONORABLE THE PREMIER, PRESIDING, AND
MEMBERS OF THE EXECUTIVE COUNCIL.

WHEREAS by "The New Zealand Settlements
Act, 1863," it is provided that, after setting
apart sufficient land for all persons who shall be
entitled thereto under the contracts therein referred
to, it shall be lawful for the Governor in Council to
cause towns to be surveyed and laid out, and also
suburban and rural allotments; and that all such
town, suburban, and rural lands shall be sold,
occupied, and disposed of for such prices, in such
manner, and for such purposes, upon such terms and
subject to such regulations, as the Governor in
Council shall from time to time prescribe for that
purpose:

And whereas by "The New Zealand Settlements
Amendment and Continuance Act, 1865," it is
enacted that the order and manner in which land
taken under the authority of "The New Zealand
Settlements Act, 1863," and "The New Zealand
Settlements Amendment and Continuance Act,
1865," should be laid out for sale and sold, should be
at the discretion of the Governor, who shall have
power to cause such land or any part thereof to be
laid out for sale and sold from time to time in such
manner, for such consideration, and in such allot-
ments as he shall think fit, and subject to such
regulations as he shall, with the advice of the Execu-
tive Council, from time to time prescribe: And
whereas by "The New Zealand Settlements Amend-
ment Act, 1866," it is provided that the said lands
shall be sold for such consideration or at such price,
and whether for cash or otherwise, as the Governor
shall from time to time prescribe, and that all lands
taken, under the authority of the said "New Zealand
Settlements Act, 1863," and "The New Zealand
Settlements Amendment and Continuance Act, 1865,"
or either of them, and sold or disposed of under the
authority of the said first-recited Act, shall be sold
or disposed of under Regulations to be made by the
Governor in Council, which Regulations shall be
published in the New Zealand Gazette:

Now therefore, His Excellency the Governor, in
exercise of all powers and authorities vested in him
in that behalf, doth hereby, with the advice and con-
sent of the Executive Council of the Colony, revoke
all Regulations for the sale, disposal, and occupation
of lands taken under the said Acts, and in force
immediately before the coming into operation of the
Regulations in the Schedule hereto, and, with the like
advice and consent, doth hereby make the following
Regulations for the sale and disposal of the said lands
taken under the said Acts or either or any of them.

"The New Zealand Settlements Act, 1864,"
"The New Zealand Settlements Amendment
and Continuance Act, 1865," "The New Zea-
land Settlements Acts Amendment Act,
1866," "The East Coast Land Titles Investi-
gation Act, 1866," "The East Coast Land
Titles Investigation Act Amendment Act,
1867," and "The Confiscated Lands Act,
1867."

The term "land" shall mean such confiscated
land or part thereof.

The term "West Coast" shall mean the con-
fiscated districts known as Ngatiawa, Middle
Taranaki, and Ngatiruanui Districts.

The term "Commissioner" shall mean the
Commissioner of Crown Lands for the Pro-
vince wherein the lands affected by the
regulation in which the term is used may be
situated, or other officer duly appointed or
instructed by Government to deal with such
confiscated lands.

The term "Province" shall mean the Province
wherein the lands affected by the Regulation
in which the term occurs may be situated.

The term "New Zealand Gazette" shall mean
the Gazette published under the authority of
the Government of the Colony of New
Zealand.

The term "Provincial Gazette" shall mean the
Gazette of the Province wherein the lands
respecting which any publication in such
Gazette is required shall be situate.

  1. It shall be lawful for the Governor, at his dis-
    cretion, to appoint Commissioners and Deputy
    Commissioners from time to time for the purpose of
    carrying out these Regulations, and to remove the
    same; and every person appointed Deputy Commis-
    sioner shall have the same powers and authority, with
    reference to the particular objects for which he shall
    be appointed, as a Commissioner, and all acts done
    by any such Deputy shall be as valid as if done by a
    Commissioner.

  2. Every power to be exercised and everything to
    be done by a Commissioner in connection with the
    sale of land under these Regulations, shall be exer-
    cised and done with the approval of Government,
    signified through the Department of the Secretary
    for Crown Lands.

II.-Fulfilment of Contracts.

  1. Any land required for the fulfilment of any con-
    tract entered into by Government with Military or
    other Settlers, or of any agreement for compensation
    made between the Colonial Secretary, or any other
    person duly authorized in that behalf, and any Native
    or other claimants, and recorded in the Compensation
    Court under any of the Acts hereinbefore mentioned,
    may be set apart and granted to the persons entitled
    thereto respectively under such contracts or agree-
    ments as aforesaid, or equivalent lands may, at the
    discretion of Government, be so set apart and granted
    in lieu thereof.

III.-Reserves.

  1. Reserves for roads and all other public purposes
    whatever, and for education, and the sites of churches
    and chapels or other places of worship for different
    religious denominations, may be made by Govern-
    ment out of any confiscated lands.

  2. Notices of all reserves shall be published in the
    New Zealand Gazette.

  3. The purposes for which any reserves shall have
    been made may be changed or the reservation of the
    same withdrawn by the Government: Provided that
    no such change or withdrawal shall be made except
    after notice of three months in the New Zealand
    Gazette, and by special order of the Governor in
    Council.

WILLIAM FOX,
Presiding.

FORSTER GORING,
Clerk of the Executive Council.

SCHEDULE.
I.-Interpretation.

  1. In the construction of these Regulations, the
    words and expressions following shall have the
    meanings by this section assigned them, unless such
    meanings be repugnant to or inconsistent with the
    context, i.e. :-

The term "confiscated land" shall mean all
lands with which the Government has or
hereafter shall have power to deal under
"The New Zealand Settlements Act, 1863,"



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1871, No 31 A





✨ LLM interpretation of page content

πŸ—ΊοΈ Order in Council revoking previous Regulations and making new ones for sale of confiscated lands

πŸ—ΊοΈ Lands, Settlement & Survey
11 May 1871
Order in Council, Confiscated Land, Land Sale Regulations, Reserves, New Zealand Settlements Act
  • G. F. Bowen, Governor
  • The Honourable The Premier
  • William Fox, Presiding
  • Forster Goring, Clerk of the Executive Council