Land Leases and Native Land Restrictions




Oct. 11.] THE NEW ZEALAND GAZETTE. 1527

Terms and Conditions of Lease of Village-homestead Allotments in Wellington.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this second day of October, 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 twenty-ninth day of September, one thousand eight hundred and ninety-four, and published in the New Zealand Gazette on the fourth day of October, 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.

WELLINGTON LAND DISTRICT.

First-class Land.

Survey District. Section. Block. Area. Lease in Perpetuity. Rent per Acre. Half-yearly Rent.

Mangaramarama Village Settlement.

Makuri .. 75 I. 20 2 16 5 7 2 17 8

" .. 81 " 10 0 0 4 9 5 1 4 0

Makuri Village Settlement.

Makuri .. 154 XIV. 8 1 34 2 4 75 0 10 2

" .. 159 " 14 2 5 2 4 75 0 17 6

" .. 167 " 10 1 13 2 0 0 10 4

Tutaekara Village Settlement.

Mangahao .. 4 XIV. 9 1 4 4 0 0 18 7*

" .. 18 " 1 3 2 4 0 0 3 6

Mangaone Village Settlement.

Mangaone .. 3 III. 8 0 8 2 9 5 0 11 3

" .. 4 " 8 0 16 2 8 5 0 11 0†

" .. 2 " 4 2 16 2 9 5 0 6 6

  • Weighted for improvements, £1 8s.

† " " £7.

SECOND SCHEDULE.

TERMS AND CONDITIONS OF LEASE.

  1. The lands enumerated above 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 Wednesday, the fifth day of December, one thousand eight hundred and ninety-four.

  3. The rental stated above 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, at Wellington and Pahiatua; 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 hereby prescribed.

  6. Each applicant shall pay the first half-year's rent, together with the lease and registration fee, immediately the application has been approved or declared successful at the ballot.

  7. 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. The next payment of rent will become due on 1st July, 1895.

  8. 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 whomsoever. 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.

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

  10. Improvements and residence on the land comprised in each lease shall, subject to clause 9, 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, 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, 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 erection of any non-movable building.

  1. 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.

  2. 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.

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 believing 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."

A.B.

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.

Removal of Restrictions on Alienation of Native Land.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this ninth day of October, 1894.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS application has been made to the Governor in Council by Paora Teretiu and two others, being a majority in number of the Native owners of the land described in the second column of the Schedule hereto, praying that the restrictions on the alienation of such land contained in the Land Transfer certificate bearing date the twenty-eighth day of November, one thousand eight hundred and eighty-nine, described in the first column of the said Schedule, may be removed: And whereas inquiry has been duly made by the Native Land Court, and the said Court has reported that the provisions of the law in that behalf have been complied



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VUW Te Waharoa PDF NZ Gazette 1894, No 73





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🗺️ Terms and Conditions of Lease of Village-homestead Allotments

🗺️ Lands, Settlement & Survey
2 October 1894
Lease, Village-homestead, Wellington, First-class Land, Rent, Conditions
  • Glasgow, Governor
  • J. F. Andrews, Acting Clerk of the Executive Council

🪶 Removal of Restrictions on Alienation of Native Land

🪶 Māori Affairs
9 October 1894
Native Land, Alienation, Restrictions, Native Land Court
  • Paora Teretiu, Applied for removal of restrictions

  • Glasgow, Governor