Regulations for Land Leases




1446
THE NEW ZEALAND GAZETTE.
[No. 69

of the said Act. The provisions of section 144, and all other
provisions of the said Act with respect to substantial im-
provements, 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, subject to clause 9, apply accordingly to lessees under
these regulations.

"Substantial improvements of a permanent character"
mean and include reclamation from swamps, clearing of
bush, gorse, broom, sweetbriar, or scrub, cultivation, plant-
ing 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.

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

  2. All the provisions of the said Act, so far as applicable,
    shall extend and apply to the lands affected by these regula-
    tions, 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.

DECLARATION TO BE MADE BY APPLICANT.

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

  1. That I am of the age of seventeen years and upwards.
  2. That I am the person who, subject to the provisions of
    "The Land Act, 1892," am applying for the purchase of a
    lease of Section
    , Block
    , District.
  3. That I am acquiring such lease solely for my own use
    and benefit, and not directly or indirectly for the use or
    benefit of any other person or persons whomsoever.
  4. That I am not the owner, or lessee, or occupier, directly
    or indirectly, either by myself or jointly with any other
    person or persons, of any lands anywhere in the colony
    exceeding in the whole one acre.
  5. That I have not, within one year from the date hereof,
    surrendered a lease with perpetual right of renewal or lease
    in perpetuity of the lands for a lease whereof I am now
    applying.

And I make this solemn declaration conscientiously believ-
ing the same to be true, and by virtue of an Act of the
General Assembly of New Zealand intituled "The Justices
of the Peace Act, 1882."

Declared at
, this
day of
, 189
,
before me—
, a Justice of the Peace in and for the
Colony of New Zealand.

J. F. ANDREWS,
Acting Clerk of the Executive Council.

Regulations for the Masterton Reform Special Settlement
Association.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this eighteenth
day of September, 1894.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by the one hundred and sixty-third section
of "The Land Act, 1892," it is enacted that 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 disposed
of by lease in perpetuity :

Now, therefore, His Excellency the Governor of the
Colony of New Zealand, in pursuance and exercise of the
power and authority conferred upon him by the herein-
before in part recited Act, and by and with the advice and
consent of the Executive Council of the said colony, doth
hereby make the following regulations fixing the terms and
conditions upon which the lands known as the Masterton
Reform Special Settlement Association Block, described in
the Schedule to the said regulations, shall be disposed of,
that is to say :—

REGULATIONS.

  1. In the construction of these regulations, unless the con-
    text shall otherwise require, the following expressions shall
    have the meanings hereby assigned to them :—

"Association" means the Masterton Reform Special
Settlement Association, being a body of persons, not
less than forty-eight in number, voluntarily asso-
ciated together at Masterton, in the Provincial Dis-
trict of Wellington, for the purpose of taking up the
land as a special settlement of farm homesteads :

"Land" means the land described in the Schedule,
set apart for a special settlement, to be dealt with
under these regulations :

"Settler" means any member of the association or
other person, not being a married woman, leasing
land under these regulations :

"Receiver of Land Revenue" means Receiver of Land
Revenue at Wellington, or other officer for the time
being acting as such :

"Minister" means the Minister of Lands for the time
being, or any member of the Executive acting for
him :

"Commissioner" means the Commissioner of Crown
Lands for the Land District of Wellington :

"Secretary" means the secretary of the association
for the time being, and shall include any person
acting in that capacity; and, if there shall be no
secretary, then the chairman of the association :

"Substantial improvements of a permanent character"
mean and include reclamation from swamps, clear-
ing of bush, gorse, broom, sweetbriar, or scrub,
cultivation, planting with trees or live hedges, the
laying-out and cultivation of gardens, fencing,
draining, making roads, sinking wells or water-
tanks, constructing water-races, in any way im-
proving the character or fertility of the soil, or the
erection of any building :

"Cultivation" means—
(1.) Fencing the land with timber or other dur-
able materials, not being a brush fence; or
(2.) Breaking up and laying down the same in
English or other cultivated grass; or
(3.) Breaking up and planting or sowing root or
other crops therein :

"Lease" means a lease in perpetuity in terms of
Part III. of "The Land Act, 1892."

  1. The block of land to be dealt with under these regula-
    tions has been surveyed into sections of not more than 320
    acres each, and the number of persons to be located thereon
    shall not be less than forty-eight.

  2. The allotments of sections to members of the associa-
    tion shall be made at such time and in such manner as the
    association may, with the consent of the Commissioner,
    determine.

  3. The land shall be disposed of by lease at an annual
    rental of 4 per cent. on the capital value fixed by the
    Minister.

  4. One-third of the rents paid from time to time shall,
    for the first fifteen years, be paid to the local body of the
    district charged with the construction and maintenance of
    roads in the district, for the expenditure on roads in or
    leading to the block. Such expenditure to be first sanctioned
    by the Land Board for the Land District of Wellington.

  5. All rents and moneys required to be paid for the land
    under these terms and conditions shall be paid to the Re-
    ceiver of Land Revenue, and receipts given by him shall be
    sufficient discharge for the payment of the moneys therein
    respectively acknowledged to have been received.

  6. The settlers shall be members of the association, and
    no settler shall be under seventeen years of age.

  7. 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.

  8. The original or amended list of members, signed by the
    secretary of the association, and sent to the Commissioner,
    shall be prima facie evidence that the persons claiming to
    select land are members of the association.

  9. 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 per-
    manent character to the value of £1 per acre.

  10. Residence and occupation of the land shall be in ac-
    cordance with Part III. of "The Land Act, 1892."

  11. 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 arrange-
    ment 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.

  12. Any settler who shall fail to comply with these regula-
    tions in any respect shall, upon sufficient proof thereof to
    the satisfaction of the Land Board of the district, forfeit
    his interest in the land selected, and the land shall there-



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VUW Te Waharoa PDF NZ Gazette 1894, No 69





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