✨ Gold Mining and Game Regulations




346

THE NEW ZEALAND GAZETTE.

Her Majesty's Most Honorable Privy
Council; Knight Commander of the Most
Distinguished Order of Saint Michael and
Saint George; Governor and Commander-
in-Chief in and over Her Majesty's Colony
of New Zealand and its Dependencies,
and Vice-Admiral of the same; and issued
under the Seal of the said Colony, at the
Government House, at Wellington, this
twenty-second day of March, in the year
of our Lord one thousand eight hundred
and seventy-seven.

GEO. MCLEAN.

GOD SAVE THE QUEEN!

Additional Regulation for the Otago Gold Field.

(L.S.)

NORMANBY, Governor.
A PROCLAMATION.

WHEREAS by the eleventh section of "The
Golds Fields Act, 1866," it is enacted that it
shall be lawful for the Governor in Council from
time to time to make regulations for any gold field,
and that such regulations may be, among other things,
for the purpose of determining the cases in which
Crown land lawfully and bond fide used as a yard,
garden, cultivated field, or orchard, or upon which
any house or other building or any artificial dam or
reservoir shall be lawfully standing as in the above-
named Act mentioned, shall cease to be excepted
from occupation for mining purposes, and for pre-
scribing the manner in which compensation shall be
ascertained and paid to the person or persons holding
or using such land: And whereas it is expedient
that a regulation should be made for the purpose
above named:

Now, therefore, I, George Augustus Constantine,
Marquis of Normanby, the Governor of the Colony
of New Zealand, do hereby make and prescribe the
Regulation contained in the Schedule hereunto an-
nexed as an additional Regulation to the Regulations
at present existing in force within the Otago Gold
Field, and do also hereby direct that the said addi-
tional Regulation shall come into force and take
effect from the date hereof.

SCHEDULE.

REGULATION XXVI., SECTION 23.

Withdrawal of Exceptions over Crown Lands.

WHENEVER auriferous deposits shall be known or
supposed to exist within the bounds of any Crown
lands within the Otago Gold Field lawfully and
bonΓ’ fide used as a yard, garden, cultivated field or
orchard, or upon which any house or other building,
or any artificial dam or reservoir, shall be lawfully
standing, and which are excepted from occupation
for mining purposes, and for residence or business
under any miner's right or business license, under
the provisions of the ninth section of "The Gold
Fields Act, 1866," it shall be lawful for any holder
of a miner's right to apply in writing to the Warden
for permission to occupy the whole or any portion of
such lands for mining purposes, and the Warden
shall thereupon fix a day, being not less than seven
days from the date of such application, for deciding
the same, and a copy of such application, with
notice of time and place of hearing, shall be served
on the occupier of the land in question; and the
Warden may, by writing under his hand, order that
the whole or any portion of such land shall cease to
be excepted from occupation for mining purposes,
and shall be given up to such person as shall have
applied for the same for mining purposes, upon such
terms as to the mode of working the ground, resto-
ration of the soil, or other conditions as he may

deem necessary or desirable: Provided that in all
cases compensation for actual damage or loss shall
be paid to the occupier of such Crown lands by the
person desirous of taking possession of the same for
mining purposes prior to taking possession thereof;
and such compensation may, if the parties cannot
agree, be settled by arbitration in manner provided
by section eleven of Regulation XXVI. Subject
always to the condition that if either of the parties
to the arbitration shall fail neglect or refuse to
appoint an arbitrator within seven clear days after
notice given to them by the Warden so to do; or if
the arbitrators shall for seven days after notice given
to them by the Warden fail neglect or refuse to
appoint an umpire, then and in any of the said cases
the Warden shall appoint such person or persons to
be arbitrators or umpire respectively as he may think
fit; and the award of the said arbitrators or umpire
so appointed shall have the same force and effect
and may be enforced in the same manner as awards
of arbitrators or their umpire made under the said
regulation.

Given under the hand of His Excellency the
Most Honorable George Augustus Con-
stantine, Marquis of Normanby, Earl of
Mulgrave, Viscount Normanby, and Baron
Mulgrave of Mulgrave, all in the County
of York, in the Peerage of the United
Kingdom; and Baron Mulgrave of New
Ross, in the County of Wexford, in the
Peerage of Ireland; a Member of Her
Majesty's Most Honorable Privy Coun-
cil; Knight Commander of the Most
Distinguished Order of Saint Michael and
Saint George; Governor and Commander-
in-Chief in and over Her Majesty's Colony
of New Zealand and its Dependencies,
and Vice-Admiral of the same; and issued
under the Seal of the said Colony, at the
Government House, at Wellington, this
twenty-eighth day of March, in the year
of our Lord one thousand eight hundred
and seventy-seven.

GEO. MCLEAN.

GOD SAVE THE QUEEN!

"The Protection of Animals Act, 1873."

(L.S.)

NORMANBY, Governor.
A PROCLAMATION.

WHEREAS by section ten of "The Protection of
Animals Act, 1873," it is enacted that no game
(in the said Act defined as including the birds and
animals particularized in the First Schedule hereto,
and such other imported animals and birds as should
from time to time be proclaimed to come within the
operation of this Act,) shall be hunted, shot, taken, or
killed in any province until the same shall have been
proclaimed as open for that purpose by a Procla-
mation in that behalf to be made and published in
the Gazette; and that no game shall be hunted, shot,
taken, or killed except within a consecutive period
not exceeding three months of any year to be fixed
by the Superintendent by Proclamation as aforesaid,
between the first day of May and the thirty-first day
of July, both inclusive, in any year, and only between
the hours of sunrise and sunset: And whereas by
the eleventh section of the said Act, it is enacted
that no native game (therein defined as including the
birds and animals in the Fifth Schedule hereto, and
any other native animals and birds which should
from time to time be proclaimed to come within the
provisions relating to native game,) shall be hunted,
shot, taken, or killed in any part of the Province
except during such months as may from time to time



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1877, No 28





✨ LLM interpretation of page content

🌾 Additional Regulation for the Otago Gold Field regarding land occupation.

🌾 Primary Industries & Resources
28 March 1877
Gold mining, Otago, Crown land, Compensation, Arbitration, Mining rights
  • NORMANBY, Governor
  • GEO. MCLEAN

🌾 Proclamation restricting hunting of game under Protection of Animals Act.

🌾 Primary Industries & Resources
Game hunting, Native game, Open season, Wildlife protection, Proclamation
  • NORMANBY, Governor