Village Settlement Lease Terms




Jan. 11.] THE NEW ZEALAND GAZETTE. 55

Terms and Conditions of Lease of Village Settlements
in Otago.

GLASGOW, Governor.
ORDER IN COUNCIL.
At the Government House, at Christchurch, this sixth day
of January, 1894.
Present:
HIS EXCELLENCY THE GOVERNOR 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 second
day of January, one thousand eight hundred and ninety-
four, the lands described in the First Schedule hereto have
been set apart under the said Act and declared open for
lease as village settlements, 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 settlements shall be divided into village-homestead
allotments only.

FIRST SCHEDULE.

Otago Land District.

| Survey | Section. | Block. | Area. | Rent per | Half- |
| District. | | | A. R. P. | Acre. | yearly Rent |
|------------|----------|--------|---------|---------|-------------|
| Oamaru .. | 1s | XII. | 5 2 0 | £ s. d. | £ s. d. |
| " .. | 2s | " | 5 0 0 | 0 19 2 | 2 12 8 |
| " .. | 3s | " | 5 0 0 | 0 17 2 | 2 2 11 |
| " .. | 4s | " | 5 0 0 | 0 17 2 | 2 2 11 |
| " .. | 5s | " | 5 0 0 | 0 17 2 | 2 2 11 |
| " .. | 6s | " | 5 0 0 | 0 16 2 | 2 0 5 |
| " .. | 7s | " | 5 0 0 | 0 16 8 | 2 1 8 |
| " .. | 8s | " | 10 0 0 | 0 16 8 | 4 3 4 |
| " .. | 9s | " | 10 0 0 | 0 16 2 | 4 0 10 |
| " .. | 10s | " | 10 0 0 | 0 17 2 | 4 5 10 |
| " .. | 11s | " | 10 0 0 | 0 18 2 | 4 7 11 |
| " .. | 12s | " | 4 3 33 | 0 19 2 | 2 7 3 |
| " .. | 13s | " | 4 3 29 | 0 19 2 | 2 7 10 |
| " .. | 14s | " | 10 0 0 | 0 18 2 | 4 10 10 |
| " .. | 15s | " | 10 0 0 | 0 18 2 | 4 10 10 |
| " .. | 16s | " | 10 0 0 | 0 18 2 | 4 15 6 |
| " .. | 17s | " | 9 3 33 | 0 19 2 | 4 15 7 |
| " .. | 18s | " | 9 1 16 | 0 16 2 | 3 13 2 |
| " .. | 19s | " | 9 0 8 | 0 16 2 | 3 10 3 |
| " .. | 20s | " | 9 1 3 | 0 15 2 | 3 10 8 |
| " .. | 21s | " | 16 0 24 | 0 14 2 | 5 14 6 |
| " .. | 22s | " | 20 0 0 | 0 14 2 | 7 1 8 |
| Awamoko | 23s | VIII. | 20 0 0 | 0 14 2 | 7 1 8 |
| " | 24s | " | 20 0 0 | 0 14 2 | 7 1 8 |
| " | 25s | " | 20 0 0 | 0 16 2 | 8 1 8 |
| " | 26s | " | 20 0 0 | 0 16 2 | 8 1 8 |
| " | 27s | " | 20 0 0 | 0 17 2 | 8 11 8 |
| " | 28s | " | 12 3 20 | 0 16 8 | 5 7 4 |
| " | 29s | " | 12 3 20 | 0 16 8 | 5 7 4 |
| " | 30s | " | 25 0 1 | 0 16 8 | 10 8 4 |
| " | 31s | " | | | |

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 re-
    ferred to as "the said Act").

  2. The day on which the lands shall be open for selection
    shall be Wednesday, the 7th day of February, 1894.

  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 pro-
    vided in Part I. of the said Act; and all such applications
    shall be made to the Commissioner of Crown Lands at Dun-
    edin or Oamaru; and leases will be issued in accordance
    with the provisions of Part I. aforesaid.

  5. Each applicant shall state his or her residence, occupa-
    tion, and condition in life (namely, whether married or

single), and will be required to make the declaration hereby
prescribed.

  1. Each applicant shall pay the first half-year's rent,
    together with the lease and registration fees as provided by
    the 63rd section of the said Act, immediately the appli-
    cation has been approved, or declared successful at the ballot.

  2. All rents must be paid half-yearly, in advance, on the
    1st 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.

  3. No lessee shall hold more than 26 acres, and it shall be
    held for his sole use and benefit, and not for the use or
    benefit of any other person whomsoever.

  4. The successful applicant at the ballot for any allotment
    the area of which does not exceed 20 acres shall have the
    right to select forthwith, without further ballot, any one
    or more of the adjoining allotments for which he may have
    applied, up to a total area of 20 acres.

  5. The lessee must reside on the land leased within one
    year from the date of lease, and thereafter such residence
    shall be continuous.

  6. The lessee shall put on the land comprised in his lease
    substantial improvements as under:—
    (a.) Within one year from the date of his lease to a value
    equal to 2½ per cent. of the price of the land;
    (b.) Within two years from the date of his lease to a
    value equal to another 2½ per cent. 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 2½ per cent.
    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 for every acre of such land.
    Substantial improvements of a permanent character mean
    and include reclamation from swamps, clearing of bush,
    gorse, broom, sweetbriar, or scrub, cultivation, planting
    gardens, fencing, draining, making roads, sinking wells or
    water-tanks, constructing water-races, sheep-dips, making
    embankments or protective works of any kind, in any way
    improving the character or fertility of the soil, or the erec-
    tion of any non-movable building.

  7. The lessee must fence the land leased with a ring-fence
    within the second year of the term; and such fence must
    be sufficient to comply in all respects with "The Fencing
    Act, 1881," or any other law to regulate the fencing of land
    which shall for the time being be in force.

  8. The lessee must once a year properly cut and trim all
    live fences now on the land, or which may be planted upon
    the land during the term, and stub all gorse not growing as
    fences, and also stub all broom and sweetbriar.

  9. The lessee must not take more than three crops, one
    of which must be a root-crop, from the same land in succes-
    sion; and either with or immediately after a third crop of any
    kind the land must be sown down with good permanent
    cultivated grasses and clovers, and be allowed to remain as
    pasture for at least three years from the harvesting of last
    crop before being again cropped.

  10. At all times during the lease of the land, if the area of
    the whole exceed 10 acres, it must be so farmed that not less
    than one-third of the farm be maintained in permanent
    pasture.

  11. The lessee must not cut the cultivated grass or clovers
    for hay or seed during the first year from the time of sowing
    as aforesaid.

  12. The lessee must not burn any straw grown upon the
    land.

  13. The lessee must once a year properly clean, clear
    from weed, and keep open all creeks, drains, ditches, and
    watercourses which now are or may be upon the land; and
    the Commissioner of Crown Lands or any Crown Lands
    Ranger of the district shall have the power at any time to
    enter upon and make any drain through the land that he
    may deem necessary.

  14. In the event of the lessee failing to comply with any
    of the conditions hereinbefore mentioned relating to the
    trimming of live fences, and stubbing gorse, broom, and
    sweetbriar, and to the cleaning, clearing from weed, and
    keeping open all creeks, drains, ditches, and watercourses,
    it shall be lawful for the said Commissioner to have such
    work done, and to recover the cost of the same from the
    lessee.

  15. All buildings erected upon the land must be kept in
    good order and repair.

  16. The lessee shall be liable for all rates, taxes, and assess-
    ments during the term.

  17. Subject as aforesaid, the provisions of "The Land Act,
    1892," and the regulations made thereunder with respect to
    applications for and the grant of leases in perpetuity, shall
    apply, so far as applicable, to all applications for leases
    under "The Land for Settlements Act, 1892."

DECLARATION.

I, A.B., do solemnly and sincerely declare,—

  1. That I am of the age of seventeen years and upwards.


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1894, No 4





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🗺️ Terms and Conditions of Lease of Village Settlements in Otago

🗺️ Lands, Settlement & Survey
6 January 1894
Lease Terms, Village Settlements, Otago, Land Act 1892, Rent, Allotments, Residency Requirements, Improvements, Fencing, Cultivation
  • Glasgow, Governor
  • His Excellency the Governor in Council