Land Regulations and Vesting Reserves




and conditions upon which the lands known as the Marlborough 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 context shall otherwise require, the following expressions shall have the meanings hereby assigned to them:—

“Association” means the Marlborough Special Settlement Association, being a body of persons, not less than twenty-five in number, voluntarily associated together at Blenheim, in the Provincial District of Marlborough, 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 Auckland, 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 Auckland:

“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, clearing 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 improving the character or fertility of the soil, or the erection of any building:

“Cultivation” means—

(1.) Fencing the land with timber or other durable 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 regulations will be surveyed into sections of not more than 320 acres each, and the number of persons to be located thereon shall not be less than twenty-five.

  2. The allotments of sections to members of the association 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 Auckland.

  5. All rents and moneys required to be paid for the land under these terms and conditions shall be paid to the Receiver 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 1s. 3d. an acre, being half survey fee, the balance to be paid on completion of survey, before ballot takes place; 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 permanent character to an amount equal to the net price of every acre of such land.

  1. Residence and occupation of the land shall be in accordance with Part III. of “The Land Act, 1892.”

  2. 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.

  3. Any settler who shall fail to comply with these regulations 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 thereafter be dealt with as ordinary Crown lands; and these conditions shall be sufficient authority for such forfeiture.

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

  5. 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 Land Board.

  6. Excepting as expressly modified by these regulations, the provisions of “The Land Act, 1892,” and its amendments shall be deemed to have full force and effect over and upon the land herein referred to, and shall, mutatis mutandis, be read as if these regulations formed part of the Act.

Schedule.

All that parcel of land in the Auckland Land District, situate in Block VIII., Waipoua Survey District, and Blocks I. and V., Tutamoe Survey District, containing by admeasurement 4,670 acres, more or less. Bounded towards the north by a right line running parallel to and at a distance of 17000 links in a southerly direction from the northern boundary of Block I., Tutamoe Survey District, 2400 links; towards the west by a right line running parallel to and at a distance of 7000 links in an easterly direction from the western boundary of the same block, 5000 links; again towards the north by a right line running parallel to and at a distance of 12000 links in a southerly direction from the northern boundary of the same block, 11500 links; towards the east by a right line running parallel to and at a distance of 6500 links in a westerly direction from the eastern boundary of said Block I. and of Block V. of the same district, 23000 links; towards the south by a right line running parallel to and at a distance of 10000 links in a southerly direction from the northern boundaries of Block V. aforesaid, and Block VIII., Waipoua Survey District, 28500 links; again towards the west by a right line running parallel to and at a distance of 10000 links in a westerly direction from the eastern boundary of the last-mentioned block, 10000 links; again towards the north by the southern boundary of Block IV., Waipoua Survey District, 10000 links; and towards the north-west generally by the Opanake-Hokianga Road to the point of commencement: be all the aforesaid linkages more or less.

ALEX. WILLIS,

Clerk of the Executive Council.

Vesting Reserves in the Kaitangata Borough Council.

GLASGOW, Governor.

ORDER IN COUNCIL.

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

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS the lands mentioned in the Schedule hereto were permanently reserved for the purposes specified in the said Schedule on the sixth day of September, one thousand eight hundred and ninety-four:

And whereas, in the opinion of the Governor, it is expedient to vest the said lands in the Kaitangata Borough Council:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, and in exercise of the powers and authorities vested in him by the fourth section of “The Public Reserves Act, 1881,” doth hereby declare that, from and after the day of the date hereof, the reserves mentioned in the Schedule hereto shall become vested in the Mayor, Councillors, and burgesses of the Borough of Kaitangata in trust for the purposes specified in the said Schedule.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1894, No 79





✨ LLM interpretation of page content

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

🗺️ Lands, Settlement & Survey
29 October 1894
Special Settlement, Marlborough, Regulations, Lease, Improvements, Association
  • ALEX. WILLIS, Clerk of the Executive Council

🗺️ Vesting Reserves in the Kaitangata Borough Council

🗺️ Lands, Settlement & Survey
29 October 1894
Vesting, Reserves, Kaitangata, Borough Council
  • GLASGOW, Governor