Mining Regulations and Leases




Nov. 3.] THE NEW ZEALAND GAZETTE. 1389

dues, or duties which ought to have been paid to the lessor
or any person duly authorised to receive the same; and,
should such default continue for the space of sixty days,
then to determine the interest of the lessee in the premises
so held as aforesaid, and that without releasing such lessee or
lessees, his executors, administrators, or assigns, from his or
their liability in respect of any rent, payments, or duties
then due.

(d.) Plan or Section of Mine.—Provided also that they,
the said lessee or lessees, his or their executors, adminis-
trators, or assigns, will and shall, at all times during the
continuance of his or their mining lease, if required so to do
by the said lessor or any person duly authorised in that
behalf, prepare and keep a proper plan or section of all the
workings, and actual condition, of the mines and premises
held under mining lease, and will upon demand produce the
said plan or section to the Commissioner of Crown Lands,
and will permit him to take a copy or copies of the same.

(e.) Number of Men to be employed.—Provided also that
he or they, the said lessee or lessees, his or their executors,
administrators, or assigns, will and shall, at all times during
the continuance of the mining lease, employ in or about the
mines and premises hereby held as a mining lease a number
of men being in the proportion of not less than one man to
every full area of two acres of the lands hereby held, or the
number of men mentioned in such mining lease.

(f.) To furnish Returns, &c.—Provided also that he or
they, the said lessee or lessee, his or their executors, ad-
ministrators, or assigns, shall and will at all times during the
continuance of the mining lease furnish true and accurate
half-yearly returns to the Commissioner of Crown Lands, or
other officer duly authorised in that behalf, of the average
number of men on or about the mine and premises hereby
held as a mining lease, and shall from time to time, when-
ever so required by the Commissioner of Crown Lands or
other person duly authorised by the lessor, furnish a true and
accurate account, certified as aforesaid, of the amount ex-
pended up to the date fixed for the expenditure of the
full sum hereby agreed to be expended in and about the said
mine and premises.

  1. In any case in which an application shall have been
    made in pursuance of these regulations for a prospector’s
    mining lease in respect of land whereon or on any part of
    which any person other than the applicant or applicants may
    be entitled under any license to cut, construct, or use any
    race or dam, or to enjoy any other easement for mining or
    other purposes, the Commissioner of Crown Lands may, if
    he think fit, authorise the issue of a prospector’s mining
    lease of such land, subject to all existing rights in, to, or
    to the use of such race, dam, or other easement, and impose
    such terms as the said Commissioner may think fit, in
    order to secure the enjoyment of the same, or to secure com-
    pensation for any injury or inconvenience likely to arise
    to such person by reason of the issue of such license:
    Provided always that the Commissioner of Crown Lands may,
    if he think fit, authorise the construction in or upon any land
    comprised in any prospector’s mining lease under these regu-
    lations of any race, dam, tunnel, or shaft, road, canal, rail-
    way, tramway, or other works which may be required for
    mining purposes or for public convenience.

  2. Surrender.—Should the lessee be desirous of determin-
    ing or surrendering his lease he shall be at liberty so to do on
    giving notice in writing to the Commissioner of Crown Lands
    of his desire to surrender, and on making all payments due
    or accruing due under the said lease at the date of such
    notice.

  3. The Commissioner of Crown Lands, on being satisfied
    that the applicant is entitled to a prospector’s mining lease
    of the land applied for, shall make out a lease in triplicate
    in the form set forth in the Second Schedule hereto, and
    shall, after obtaining the lessee’s signature thereto, forward
    the same to the Minister of Mines for the approval of the
    Governor, together with a report upon the application.

  4. The Commissioner of Crown Lands for the land district
    within which any lease has been granted under these regula-
    tions may, when authorised in writing by the Governor,
    exercise in the name and on behalf of Her Majesty the Queen
    in respect of the lands comprised in such lease the same
    powers as are by subsections (d), (e), (f), (h), and (i) of sec-
    tion 22 of “The Mining Act, 1886,” conferred upon a Com-
    missioner of Crown Lands; and any such authority by the
    Governor may be either general or confined to a particular
    case or cases.

FIRST SCHEDULE.

PROSPECTING LICENSE.

Know all men by these presents that I, William Francis
Drummond Jervois, the Governor of the Colony of New
New Zealand, in pursuance of the powers conferred on me
by “The Mining Act, 1886,” and in consideration of the sum
of £1 by , of , miner, duly paid, do hereby
grant to the said full license and authority to enter
upon the Crown lands described in the schedule hereto for
the purpose of searching and prospecting for gold, silver, or
any metal or mineral.

This license shall be in force for a period of twelve calendar
months from the date hereof; but should the lands over
which this license extends be sold during the continuance
hereof, then and in such case these presents and every right
hereby conferred or intended so to be shall cease, and the
said shall not be entitled to any compensation or pay-
ment in the nature of compensation whatever for or by
reason of the premises.

SCHEDULE.

Dated the day of , 18 .

SECOND SCHEDULE.

PROSPECTOR’S MINING LEASE.

THIS DEED, made the day of , in the year
of our Lord one thousand eight hundred and ,
Between Her Majesty Queen Victoria, of the one part, and
(who with his executors and assigns, except where
the context requires a different construction, is hereafter
referred to as “the said lessee”), of the other part. Whereas
the said lessee, being the holder of a prospecting license in
respect of the lands hereinafter described (the said lands not
being within a mining district), and being the bonâ fide
discoverer of on the said lands, has made application
for a prospector’s mining lease, in accordance with the regu-
lations in force in reference to such leases: Now these
presents witness that, in consideration of the premises, and
of the rents, covenants, provisoes, conditions, and agree-
ments in and by this lease contained or implied, and on the
part of the said lessee, his executors, administrators, and
assigns, to be observed and performed, Her Majesty the
Queen doth hereby demise unto the said lessee, his exe-
cutors, administrators, and assigns, All that piece or parcel
of land described in the schedule hereto, and delineated on
the plan in the margin of these presents; together with all
appurtenances thereto belonging, except as hereinafter is
excepted, and together also with full and free liberty to mine
for thereon and thereunder, for the term of
years, to be computed from the day of ,
18 , Yielding and paying therefor yearly and every year
the rent or sum of pounds, by equal half-yearly pay-
ments in advance on the first day of January and the first
day of July in each year. The first of such payments having
been made, the next to become due and payable on the
day of . And it is hereby declared and
agreed that this lease is intended to take effect as a lease
under the provisions of section 132 of “The Mining Act,
1886,” and the regulations made thereunder, and that it
shall be deemed to contain the several exceptions, stipula-
tions, covenants, and conditions set forth in the Regulations
Nos. 13 and 15 and 17, of the twenty-fourth day of October,
1887, relating to prospectors’ mining leases, published in the
New Zealand Gazette of the third day of November, 1887, as
fully and effectively as if such exceptions, stipulations,
covenants, and conditions had been fully set out herein.

In witness whereof these presents have been executed by
or on behalf of the parties hereto, the day and year first
above written.

Signed in the name and on behalf of
of Her Majesty the Queen by His
Excellency the Governor, and
sealed with the public Seal of
the Colony, in the presence of

Signed by the above named
in the presence of

Given under the hand of His Excellency Sir William
Francis Drummond Jervois, Lieutenant-General
in Her Majesty’s Army, Knight Grand Cross of
the Most Distinguished Order of Saint Michael
and Saint George, Companion of the Most Honour-
able Order of the Bath, 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 Wel-
ington, this twenty-fourth day of October, in the
year of our Lord one thousand eight hundred and
eighty-seven.

G. F. RICHARDSON.

GOD SAVE THE QUEEN!



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1887, No 71





✨ LLM interpretation of page content

🗺️ Mining Lease Regulations (continued from previous page)

🗺️ Lands, Settlement & Survey
22 October 1887
Mining, Leases, Crown Lands, Regulations, Prospector’s Mining Lease, Commissioner of Crown Lands
  • G. F. Richardson

🗺️ Prospecting License Form

🗺️ Lands, Settlement & Survey
Prospecting, License, Gold, Silver, Minerals, Crown Lands
  • William Francis Drummond Jervois, Governor of New Zealand

🗺️ Prospector’s Mining Lease Form

🗺️ Lands, Settlement & Survey
24 October 1887
Mining Lease, Prospector, Crown Lands, Queen Victoria, Rent, Mining Act 1886
  • William Francis Drummond Jervois, Governor of New Zealand
  • G. F. Richardson