โจ Land and Scrip Regulations
260
THE NEW ZEALAND GAZETTE.
XVIII.-Flax Leases or Licenses.
28. Any person desirous of obtaining a lease of land
bearing or fit for the cultivation of New Zealand
Flax, may make, in writing, an application to the
Commissioner, setting forth the area and boundaries of
such land, and the name of the district in which it is
situated, or the Commissioner may set apart any such
land, and in either case, the land so applied for or so
set apart, subject to such alterations of boundaries as
the Commissioner shall see fit to make, may at his
discretion, subject to the approval of the Colonial
Secretary, be leased by auction, with a right of
purchase of one tenth part of such land (which tenth
part shall include buildings and homestead) at any
time during the continuance of the lease, which in
no case shall exceed twenty-one (21) years, nor shall
the area of any one block of land so leased exceed
six hundred (600) acres.
-
No lease shall be granted till a survey has been
made of the land applied for, to the satisfaction of
the Commissioner, who may require the applicant for
a lease to have such survey made at his own expense,
or to pay for it at a rate not exceeding sixpence per
acre; the cost of such survey, not exceeding such
amount as shall be fixed by the Commissioner, to be
repaid to the person having it made, out of the first
rent received for the land so surveyed. -
The price at which the lessee shall be entitled
to purchase the tenth part of the land aforesaid shall
be fixed by the Commissioner, subject to the approval
of the Colonial Secretary, and the annual rent shall
not be less than five (5) per cent. upon the amount
so fixed for such tenth part, nor less than one
cent. upon the value fixed in like manner of the
remaining nine-tenths of the land, one-fourth of
which compound rental shall be paid at the time of
sale of lease: Provided always that the price so to
be fixed as aforesaid shall in neither case be less than
two (2) pounds per acre. -
The Regulations herein laid down for the sale
of land shall apply to the sale of flax leases, except
that relating to the payment of purchase money:
Provided always that applications for leases made
prior to the date of these Regulations may, on the
recommendation of the Commissioner, be granted
in accordance with the Regulations, without being
submitted to auction. -
Every lease of flax land shall be issued by the
Colonial Secretary on the recommendation of the
Commissioner, and shall contain such covenants on
the part of the lessee as the Colonial Secretary shall
think fit, and in all cases to the following effect :-
(a.) To dress a definite number of tons annually
in proportion to the amount of land leased,
such number to be fixed in the lease; and in
default to pay a fixed sum as stipulated
damage.
(b.) To pay the annual rent at which the lease
has been knocked down at auction at half-
yearly or other periods as shall be fixed in the
lease, and to such person or officer and at such
place as shall therein be named. -
On the lessee's failing to perform any of the
covenants of the lease, Government may put an end
to the lease, and, after one month's notice in writing,
take possession and dispose of the land at its dis-
cretion, in accordance with these Regulations, without
being subject to any claim for compensation or
damages from the lessee on account of improvements
or otherwise. -
Nothing in any such lease contained shall affect
the right of Government to take roads through any
part of the land leased, amounting to five (5) per
cent. of the amount of such land; but such right
shall always be possessed by the Government during
the currency of the lease, and the lessee shall have
no claim whatever for compensation for loss of land
or other damage caused by such road or roads being
so taken. -
The Commissioner, subject to the approval of
the Government, may issue annual licenses to cut
flax alone upon any land, on such terms as he may
think fit. -
A fee of two (2) pounds shall be paid for each
lease, and one (1) pound for each license. -
Notwithstanding anything contained in the
Confiscated Land Regulations of 13th April, 1870,
relative to the land described on the maps of the West
Coast as the Railway Reserve, it shall be lawful for
the Colonial Secretary, if he shall think fit, in order
to fulfil any agreement or promise relating to such
reserve heretofore entered into or made by any
officer on the part of the Crown, to let or sell such
portions of the said reserve as he may deem neces-
sary, upon such terms and conditions, and at such
rents and prices as he may think fit.
XIX. Scrip and Land Orders.
-
In all sales of land in the Province of Auck-
land, whether by auction or otherwise, all scrip
issued or to be issued to any person or persons by
the Colonial Secretary, or any person duly deputed
by him, in satisfaction of any claim of such person
or persons for compensation, or in satisfaction of
any sum awarded as compensation for losses sus-
tained in the Province of Auckland by the rebellion
in which certain persons of the Native race have
been engaged since the 1st of January, 1863, shall
be taken in payment for such lands and in the
purchase of any such land, and scrip shall be deemed
and taken to be money for the amount for which the
same shall have been issued, and shall be receivable
for such amount as payment or part payment for any
allotment of such land, to be sold under and subject
to the regulations for the time being in force. -
At any sale by auction or otherwise of any
land, whether described as rural, suburban, town,
or otherwise, the unexercised original, rural, or sub-
urban Land Orders and Scrip issued by the Plymouth
Company of New Zealand or by the New Zealand
Company, and conferring or purporting to confer
on owner or holder thereof right to select,
according to a fixed and definite order of choice,
fifty acres of rural or suburban land respectively,
within the settlement of New Plymouth, shall be
considered as equivalent, in the purchase of any
such lands as aforesaid, to the amounts following,
that is to say-
ยฃ s. d.
Land Orders for the selection of rural
land-for every acre of the number of
acres mentioned therein ... 2 0 0
Land Orders for the selection of sub-
urban land-for every acre of the
number of acres mentioned therein ... 3 0 0
XX.-Payment for Public Works with Land Scrip.
-
If any person shall be desirous of making, build-
ing, or constructing any road, bridge, or other work
of public utility, and of being allowed payment in
land in respect of the cost of the same, he shall make
application in writing for authority for that purpose
to the Commissioner. -
If the Commissioner shall be satisfied, after
due investigation and inquiry, that it is desirable that
the proposed road, bridge, or other work of public
utility shall be made, built, or constructed, and the
plans and specifications thereof shall be approved by
a competent person to be appointed by the Commis-
sioner, the Commissioner may grant authority for the
said work to be completed. -
When the said work is completed, it shall be
examined by a competent person to be appointed by
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โจ LLM interpretation of page content
๐พ Regulations governing the leasing and licensing of land for New Zealand Flax cultivation.
๐พ Primary Industries & Resources11 May 1871
Flax, Land Lease, Survey requirements, Rent calculation, Purchase right, Licenses, West Coast Railway Reserve
๐บ๏ธ Valuation of Scrip and Land Orders for purchasing land in Auckland Province.
๐บ๏ธ Lands, Settlement & Survey11 May 1871
Scrip, Land Orders, Auckland Province, Compensation payment, Plymouth Company, New Zealand Company, Land valuation
๐๏ธ Procedure for obtaining payment in land for constructing public works using scrip.
๐๏ธ Infrastructure & Public Works11 May 1871
Public Works, Road construction, Bridge building, Payment in land, Land Scrip, Commissioner approval
NZ Gazette 1871, No 31 A