Land Act Regulations




FEB. 2.] THE NEW ZEALAND GAZETTE. 157

CERTIFICATE OF MEMBERSHIP.

I hereby certify that __ is a member of the
association.

Chairman [or Secretary].

THE SECTIONS OF "THE LAND ACT, 1892," REFERRED TO.

  1. The Governor in Council may from time to time make,
    alter, and repeal regulations fixing the terms and conditions
    upon which the lands in any special settlement shall be dis-
    posed of by lease in perpetuity, but subject in every case to
    the following rules:—

(1.) The price of land in a special settlement shall be
fixed by valuation, not being less than ten
shillings per acre:

(2.) The rental thereof on lease in perpetuity shall not
be less than four per centum on such price, sub-
ject to such conditions as may be prescribed by
regulations :

(3.) Residence, occupation, and permanent improve-
ments of the land shall be in accordance with
Part III. of this Act :

(4.) Neither the whole nor any part of any block of land
shall continue set aside as a special settlement
for a period of more than three years from the
date of the Proclamation setting aside the same;
but every contract made with respect to any such
block or any part thereof whilst the same remains
so set aside shall be performed notwithstanding
that the block has ceased to be so set aside.

The provisions of this section shall apply and be deemed
to have applied to all lands disposed of as special settlements
under the regulations contained in two Orders in Council,
dated respectively the twenty-seventh day of February and
the fifteenth day of December, one thousand eight hun-
dred and ninety-one, as if the said provisions had been
specially incorporated in such regulations respectively at the
date thereof.

  1. For or towards the construction or maintenance of
    roads and bridges leading to or opening up the land in any
    district disposed of under this Act or under any Act hereto-
    fore in force, there shall be handed over to the local authority
    having the control of roads in such district one-third of the
    price or value of the periodical payments and rental of all
    land disposed of on deferred payments under any Act, or on
    perpetual lease under any Act repealed by this Act, or on a
    lease in perpetuity under this Act, or under section eight of
    Appendix C of "The Land Act, 1885," or for occupation with
    right of purchase under this Act, and one-fourth of the rent
    of every grazing-run leased under Part V. of this Act, to be
    expended by such local authority for the purposes aforesaid,
    such expenditure to be first sanctioned by the Land Board
    of the district as being for the benefit of the selectors from
    whose lands such moneys are derived. The price or value
    of land upon which such third or fourth is to be paid to
    local authorities under this section shall be deemed to be
    and to have been the net price or value before any addition
    has been made thereto, under the provisions of "The Govern-
    ment Loans to Local Bodies Act Amendment Act, 1891."

  2. Every selector of lands under this Part of this Act,
    whether for occupation with right of purchase or for lease in
    perpetuity, shall put on the land comprised in his license or
    lease, as the case may be, substantial improvements—

(a.) Within one year from the date of his license or
lease, to a value equal to ten per centum of the
price of the land;

(b.) Within two years from the date of his license or
lease, to a value equal to another ten per centum
of the price of the land;

(c.) And thereafter, but within six years from the date
of his license or lease, to a value equal to another
ten per centum of the price of the land;

And in addition thereto shall, within six years from the
date of his license or lease, put substantial improvements of
a permanent character on first-class land to the value of one
pound, and on second-class land to an amount equal to the
net price of every acre of such land: Provided that in no
case shall the additional improvements required on second-
class land be more than ten shillings per acre.

And every selector shall be bound at any time when so
required by the Board to make and sign a statutory declara-
tion as to his fulfilment of the conditions of occupation and
improvement of the land in his occupation up to the time of
making the said declaration.

  1. Residence on any land, not being land purchased for
    cash, selected under this Part of this Act shall be compul-
    sory, and shall commence in bush-lands or on swamp-lands
    within four years, and in open or partly open land within
    one year, from the date of the selection; and thereafter such
    residence shall be continuous—

(1.) On lands occupied with right of purchase, for six
years on bush-lands or on swamp-lands, and for
seven years on open or partly open land;

(2.) On lease-in-perpetuity lands, for a term of ten years,

But these conditions of residence shall not apply to any
person who has acquired an interest in any lease or license
under an intestacy or by virtue of a will.

  1. The Board may dispense with residence if the lessee
    or licensee reside and continue to reside on lands contiguous
    to the lands held under lease or license. Lands shall be
    deemed to be contiguous to each other if only separated by a
    road or stream, or by such interval of space as the Board
    may determine in each case.

The Board may also dispense with residence for four years
after the commencement of the term where residence is
otherwise compulsory in cases where the lessees or licensees
are youths or unmarried women living within the land dis-
trict, and residing with their parents or near relatives.

In case of the death of either or both parents of a child or
children, residence may be dispensed with until such child
or one of such children respectively attain the age of seven-
teen years.

  1. Personal residence may also be dispensed with by the
    Board in the cases hereinafter mentioned:—

(1.) Whenever any two persons, being licensees with
right of purchase or lessees in perpetuity, have
lawfully intermarried at some period not sooner
than twelve months after the issue of the last of
such licenses or leases, such persons may reside
on such one of the selections of land made by
them as they may think fit.

(2.) Whenever any two persons, one of whom has become
a selector of land with right of purchase or a
lessee in perpetuity, and the other is an owner or
occupier of freehold land, have lawfully inter-
married at some period not sooner than twelve
months from the issue of the license or lease held
by such selector, such selector may reside on such
freehold.

(3.) Residence on such selection or on such freehold, as
may be the case, shall be deemed a compliance
with the conditions of section one hundred and
forty-one, in respect of residence by such several
persons.

(4.) The Board, however, shall have a discretionary
power to dispense with personal residence on
sufficient and satisfactory grounds being shown
for non-residence.

  1. Every lease and license shall be prepared by the
    Commissioner, and shall contain such covenants, or condi-
    tions, or agreements, consistent with the provisions of this
    Act, as the Board may prescribe, and shall be subject to the
    stipulations following :—

(1.) Every lessee or licensee, at any time after he has
been twelve months in possession or occupation,
and with the sanction of the Board, but not other-
wise, may transfer the possession or occupation of
the land leased to or occupied by him, or any part
thereof, by sale, under-lease, mortgage, or other
disposition.

(2.) When a statutory declaration is required from any
lessee or licensee, no transferee, and no purchaser
of any lease or license under any power of sale
vested in any mortgagee or assignee or trustee in
bankruptcy, shall be admitted into possession or
occupation of the land comprised in such lease or
license until he has deposited with the Commis-
sioner a statutory declaration in the same form or
to the same effect.

(3.) The following conditions shall be implied in every
mortgage, and shall not be varied to shorten the
times or to increase the charges therein men-
tioned :—

(a.) No power of sale shall arise or accrue
until after the expiration of one month following
default.

(b.) Every sale upon default shall be by public
auction.

(c.) Every sale shall be advertised in at least
one newspaper usually circulating in the district
where the land is situate.

(d.) No sale shall take place earlier than four-
teen days after the first publication of the ad-
vertisement notifying the sale.

(e.) The mortgagor or his agent may, at any
time before the actual sale, upon payment to the
mortgagee or his agent of the principal and any
other moneys advanced, or which have been paid
to protect the security, and of interest on such
principal and other moneys calculated up to the
date of such intended sale, together with a sum
sufficient to cover the actual disbursements for
advertising, and a commission not exceeding one
and a quarter per cent. on the sum secured as re-
presenting all other charges and expenses, be
entitled to a release of the security. Any sale
proceeded with after tender of such amounts shall,



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1893, No 8





✨ LLM interpretation of page content

🗺️ Certificate of Membership

🗺️ Lands, Settlement & Survey
Membership, Association, Certificate

🗺️ Regulations for Special Settlements

🗺️ Lands, Settlement & Survey
Special Settlement, Land Disposal, Lease in Perpetuity, Regulations

🗺️ Funding for Roads and Bridges

🗺️ Lands, Settlement & Survey
Roads, Bridges, Local Authority, Funding, Land Disposal

🗺️ Improvement Requirements for Selectors

🗺️ Lands, Settlement & Survey
Selectors, Land Improvements, Conditions, Timeframes

🗺️ Residence Requirements for Selectors

🗺️ Lands, Settlement & Survey
Residence, Compulsory, Conditions, Exceptions

🗺️ Dispensation from Residence Requirements

🗺️ Lands, Settlement & Survey
Residence, Dispensation, Contiguous Lands, Marriage, Death

🗺️ Lease and License Conditions

🗺️ Lands, Settlement & Survey
Lease, License, Transfer, Statutory Declaration, Mortgage Conditions