Regulations and Terms for Land Settlement




  1. Each settler must within one year from the date of allotment of his section reside upon the land, and thereafter such residence shall be continuous for a term of ten years.

  2. The settlers shall be members of the association, and shall not be under seventeen years of age.

  3. The secretary shall inform the Commissioner of the names of the settlers, pay a deposit of 10s. per member, and also furnish the Commissioner from time to time with minutes of proceedings of the association if so required.

  4. A certificate signed by the secretary of the association shall be prima facie evidence that the person claiming to select land is a member thereof.

  5. Each settler shall put on the land comprised in his lease substantial improvements, as follows:—

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

(b.) Within two years from the date of his 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 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 lease, put substantial improvements of a permanent character to the value of £1 per acre.

And each settler shall be bound at any time when so required by the Commissioner to make and sign a statutory declaration 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. In the event of the death of a settler, his interest in the allotment will revert to his legal representatives, who may dispose of it to a bonâ fide settler approved by the Commissioner; and the purchaser shall be deemed to stand in the position of the original settler.

  2. Should any settler be compelled to leave the district, it shall be competent for the Commissioner to permit such settler to transfer his rights, title, and interest in the land selected to another bonâ fide settler, who shall be deemed to occupy the position of the original occupant: Provided always that no settler shall be allowed to hold more than 320 acres under these regulations.

  3. No person who is the owner in fee or leasehold of any land in New Zealand, which together with the land included in his application or transfer under these regulations would exceed 320 acres, and no person who has made an arrangement or agreement to permit any one, save his son or daughter, to acquire by purchase or otherwise the allotment in respect of which his application is made, shall be entitled to become a settler under these regulations.

  4. Any settler who shall fail to comply with these regulations in any respect shall, upon sufficient proof thereof to the satisfaction of the Commissioner, forfeit his interest in the land selected, and the Commissioner shall cause such interest to be again opened for selection by a bonâ fide settler; and these conditions shall be sufficient authority for such forfeiture and reallocation. Any settler so selecting shall be deemed to stand in the position of the original settler.

  5. The association may make such rules and regulations from time to time as it may deem necessary, subject to the approval of the Commissioner.

  6. In case any doubt shall arise as to the sufficiency of the compliance with these regulations, with reference to the selection, occupation, or improvement of any land, or otherwise arising thereunder respectively, the same shall be settled by the Commissioner.

Schedule.

All that parcel of land in the Land District of Otago, containing by admeasurement 3,050 acres, more or less, being Sections Nos. 5 to 19, Block VII., Swinburn Survey District. Bounded on the north by Crown lands; on the east by road-line and Crown lands; on the south by road-line which forms the northern boundaries of Blocks XI. and XII. of same district, and by the Taieri River; and on the west by the Kyeburn River: be all the aforesaid linkages more or less; as the same is delineated on the plan deposited in the office of the Chief Surveyor, Dunedin.

ALEX. WILLIS,

Clerk of the Executive Council.

Terms and Conditions of Lease of Village Homesteads in the Village Settlement of Havelock, Hawke's Bay.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this eleventh day of December, 1893.

Present:

THE HONOURABLE THE PREMIER PRESIDING IN COUNCIL.

WHEREAS by the one hundred and sixty-ninth section of "The Land Act, 1892," it is enacted that the Governor in Council may fix the terms and conditions upon which the lands in any village settlement shall be disposed of, subject as in the said section is provided: And whereas by a Proclamation made under the said Act on the ninth day of December, one thousand eight hundred and ninety-three, and published in the New Zealand Gazette on the fourteenth day of December, one thousand eight hundred and ninety-three, the lands described in the First Schedule hereto have been set apart under the said Act and declared open for lease as a village settlement, and it is expedient to fix the terms and conditions upon which the said lands shall be disposed of:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers and authorities conferred by the said Act, and by and with the advice and consent of the Executive Council of the said colony, doth hereby fix the terms and conditions on which the lands mentioned in the First Schedule hereto shall be disposed of by way of lease in perpetuity, and which said terms and conditions are set forth in the Second Schedule hereto, and also doth direct that the lands in the said village settlement shall be divided into village-homestead allotments only.

FIRST SCHEDULE.

HAWKE'S BAY LAND DISTRICT.

Havelock Village Settlement.

Section. Locality. Area. Half-yearly Rental.
51 Suburbs of Havelock 2 0 0 1 12 0
53 " 2 0 0 1 12 0
54 " 2 0 28 1 12 0

Very good level land, in grass; situated on the main road between Havelock and Hastings, within a few minutes' walk of the Havelock Post-office and school.

SECOND SCHEDULE.

TERMS AND CONDITIONS OF LEASE.

  1. The lands enumerated in the First Schedule hereto are first-class lands, and are divided into village-homestead allotments, open for selection on lease in perpetuity, under the provisions of "The Land Act, 1892" (hereinafter referred to as "the said Act").

  2. The day on which the lands shall be open for selection shall be Monday, the fifth day of February, one thousand eight hundred and ninety-four.

  3. The rental stated in the First Schedule hereto shall be the price at which the land shall be open for selection.

  4. Applications for leases shall be made in manner as provided in Part I. of the said Act; and all such applications shall be made to the Commissioner of Crown Lands, Napier; and leases will be issued in accordance with the provisions of Part I. aforesaid.

  5. Each applicant shall state his or her residence, occupation, and condition in life (namely, whether married or single), and will be required to make the declaration prescribed in Schedule C to the said Act.

  6. Each applicant shall also undertake to pay, immediately upon being declared the successful applicant, the first half-year's rent, together with the lease and registration fee.

  7. All rents must be paid half-yearly, in advance, on the first days of January and July in each year, as provided in section 157 of the said Act; and the first half-year's rent is payable as before provided.

  8. Improvements and residence on the land comprised in each lease shall be as provided in Part III. of the said Act. The provisions of section 144, and all other provisions of the said Act with respect to substantial improvements, shall apply accordingly to lessees under these regulations. The provisions of section 141, and all other provisions of the said Act in respect of compulsory residence, shall apply accordingly to lessees under these regulations.

  9. No lessee shall subdivide, sublet, or transfer the land held by him under these regulations, except under and subject to the provisions of Part I. of the said Act.

  10. No lessee shall hold more than one allotment, and such allotment shall be held for his sole use and benefit, and not for the use or benefit of any other person whatsoever. No married woman shall be eligible as a selector; but this provision shall not apply to any married woman who may become a transferee under a will or by virtue of an intestacy.

  11. All the provisions of the said Act, so far as applicable, shall extend and apply to the lands affected by these regulations, and to the applications and leases to be made and issued thereunder, and generally to the interests created, and the persons whose rights, liabilities, or interests are thereby affected; and the mention of any particular provision of the said Act shall not be deemed to exclude any other provision of the said Act applicable to the particular case.

ALEX. WILLIS,

Clerk of the Executive Council.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1893, No 98





✨ LLM interpretation of page content

🗺️ Regulations for Swinburn Special Settlement Association (continued from previous page)

🗺️ Lands, Settlement & Survey
11 December 1893
Regulations, Swinburn Special Settlement, Land Disposal, Lease, Rents, Improvements, Survey
  • ALEX. WILLIS, Clerk of the Executive Council

🗺️ Terms and Conditions of Lease of Village Homesteads in Havelock, Hawke's Bay

🗺️ Lands, Settlement & Survey
11 December 1893
Lease, Village Homesteads, Havelock, Hawke's Bay, Land Act 1892, Rental, Selection, Improvements, Residence
  • GLASGOW, Governor
  • ALEX. WILLIS, Clerk of the Executive Council