✨ Land Improvement Regulations
Dec. 13.] THE NEW ZEALAND GAZETTE. 1875
- The sections may be allotted before any bush is felled,
or, at the option of the Commissioner, guided by the wishes
of the members, on the completion of the burn, or of the
grass-sowing, or otherwise as may be deemed expedient; but
members actually employed on any particular portion of the
land to be allotted, or on the road-works in connection
therewith, shall have priority of claim for consideration in
the allotment of such portions, subject to Regulation 1. - The Commissioner, guided by the wishes of the mem-
bers, may from time to time either (a) employ them or any
of them in parties to fell bush in blocks, irrespective of sec-
tions, or (b) allow individual members to fell the bush on
their respective sections or such portions thereof as he may
determine. - In cases where the bush is to be felled on separate sec-
tions by the holders of those sections, the felling must, so
far as the ground permits, be done on contiguous sections,
so that the clearing on one section may join the clearing
on the next section, and thus secure a good burn. - In case of any land being dealt with as provided for in
clause 8, (a), of these regulations, each party shall consist of
not less than five nor more than ten members, and a co-
operative contract shall be let in the manner usual for such
contracts, but so that each member shall not fell more
than 50 acres in any one season. If it is decided that each
member shall fell the bush on his own section, separate
contracts shall be let, so that each member shall fell a
reasonable quantity of bush on his own section, but not less
than 5 acres nor more than 50 acres in any one season. - The contracts shall in either case be laid out by the
Chief Surveyor before the work commences, by marking the
trees and running through traverse-lines. - The rates for felling, according to usual specifications,
shall be fixed by the Chief Surveyor, according to the nature
of the bush, the locality, and ruling prices in the districts,
so that wages shall average 6s. a day for reasonable service,
provided that the cost per acre shall in no case exceed
£1 15s. - Payments will be made monthly on the value of the
work done as estimated by the Chief Surveyor, less 10 per
cent., which shall be deducted and retained until completion
of the work to the satisfaction of the Chief Surveyor. - Service roads will be laid out by direction of the Chief
Surveyor, and, as far as possible, trees must be felled so as
not to cover or cross the roads. Bush on roads is not to be
felled until a contract is let for such formation as may be
decided upon. - The area felled shall be burned in the early part of the
year following the felling thereof, and shall be sown with
grass-seed at the proper time thereafter. Each member is to
burn his own bush without further payment, excepting in
case of co-operative contracts under clause 8, (a); the Go-
vernment will advance grass-seed if required; members are
to find their own tools, tents, and provisions, or, if provided
by Government, the cost shall be repaid out of the moneys
payable for work done. The Government does not bind
itself to provide continuous work for any person, nor will
more than 100 acres of clearing be paid for in any case. - In cases of need, an advance of £10 may, with the
approval of the Commissioner, be made towards the cost of
erecting a house on a section, such amount to be afterwards
deducted in suitable sums from the earnings of the member,
or added to the capital value, as the Commissioner may in
each instance determine; but the building will remain the
property of the Crown until wholly paid for, and if not
wholly paid for when the lease or license is issued, then the
value remaining unpaid shall be added to the capital value
of the land, and 4 per cent. or 5 per cent. per annum thereon
be added to the rent, as the case may be. This clause of
these regulations shall not be acted upon without the special
authority of the Minister of Lands. - Every person taking up land under these regulations
shall subscribe his name to an agreement in the form of the
Second Schedule hereto, and no person shall be allowed to
occupy any land under these regulations unless and until
he has so signed. - Every person to whom land is allotted in terms of these
regulations shall forthwith, or within three months after the
first burn, reside with his family and continue to reside on
such land for the term of ten years, unless exempted from
such residence by the Land Board. - If any person taking up land under these regulations
commits a breach of such regulations, or is dismissed for
misconduct from the works, or commits any gross act of
misconduct that in the opinion of the Land Board may
make it undesirable that he shall any longer remain on the
land, or if he commits a breach of the Land Act in respect
to the same, or at any time ceases to reside with his family
upon such land, his interest therein shall, by any such fact,
be absolutely cancelled and forfeited without any right to
compensation or otherwise, and he may be ejected accord-
ingly, and shall cease to be a member of the association. - Rent at the rate of 4 per cent. per annum for every
lease in perpetuity, and at the rate of 5 per cent. per
annum for every license to occupy with right of purchase,
will commence from the 1st day of January or 1st day
of July first immediately following one year from the date
upon which the grass is ready for stock, and such rent shall
be based on the capital value of the land, with the addition
of the cost to the Government of roading, clearing, providing
and sowing of grass-seed, &c., and any other expenses in the
opinion of the Commissioner fairly chargeable to the land at
date of commencement of the lease or license. The cost of
any additional clearing, or advances made subsequent to
the before-named date at which the rent commences, shall
be added to the capital value of the land, and interest
thereon shall become a part of the rent, and be payable on
each recurrent 1st day of January or 1st day of July; but
no lease or license shall be issued to any person until he
shall have paid the first half-year's rent, and until the
whole of the improvements contemplated have been com-
pleted.
21. Except as herein expressly modified, all the provisions
of Part III. of The Land Act, 1892, shall apply to the
land granted hereunder, and these regulations and the
provisions of that Act shall apply in every case notwith-
standing that a lease or license under that Act may not
have been issued for such land; and in any case, where in
pursuance of these regulations or of that Act, the interest
of any person has been forfeited or cancelled, no objection
shall be taken thereto on the ground that the lease or
license has not been issued, and the Land Board may for
every purpose whatever act as if such lease or license had
been issued.
22. No such lease or license as aforesaid shall be granted
without a certificate in writing by the Commissioner that
the applicant has settled on and improved his section, paid
his rent, and otherwise complied with these regulations.
First Schedule.—Memorandum of Formation of Association.
We, the undersigned, hereby agree to compose an associa-
tion pursuant to section 4 of The Lands Improvement and
Native Lands Acquisition Act, 1894, under the style of
The [Insert name] Land Improvement Association.
Dated this day of , 189 .
(Signatures of members.)
Approved.
Commissioner.
Second Schedule.—Form of Agreement.
This Agreement, made the day of , 189 ,
between the Minister of Lands (hereinafter termed the
Minister), of the one part, and of the other part.
Whereas by section 4 of The Lands Improvement and
Native Lands Acquisition Act, 1894 (hereinafter termed
the said Act), it is provided that any number of persons
composing an association formed in accordance with regula-
tions made under this Act may, by agreement with the
Minister, settle upon any Crown lands for the purpose of
clearing or otherwise improving the same, upon such terms
as to advances or otherwise as may be agreed on: And
whereas the said is a member of an association
under the said Act called the Land Improvement
Association, and is desirous of taking up the Crown lands
hereinafter described upon the terms and conditions set
forth in regulations a copy of which is attached hereto,
marked A: Now, therefore, this agreement witnesseth
that in pursuance of section 4 of the said Act, and in con-
sideration of the premises, the Minister doth hereby on his
part permit the said to settle on the following parcel
of Crown lands—namely, Section , Block ,
District, containing acres roods perches, more or
less; and the said doth hereby on his part agree to
settle on and clear, improve, and occupy the same subject
to the provisions contained in the said Act and the said
regulations.
And it is hereby further agreed—
(1.) That if, in terms of the said regulations, or of The
Land Act, 1892, the interest of the said in the said
parcel of Crown lands is forfeited by the Commissioner of
Crown Lands or the Land Board, neither the said
nor the said association shall have any claim whatsoever at
law or in equity against the Government of the colony, the
Minister of Lands, or any other person or authority in re-
spect of the interest so forfeited.
(2.) That this agreement shall be at an end as soon as a
lease or license of the said section under Part III. of The
Land Act, 1892, has been duly granted to the said
, or his approved transferee.
As witness the hand of the Hon. , the Minister of
Lands, this day of , 189 .
Witness—
(Occupation and address.)
As witness the hand of the said , a member of
the association.
Witness—
(Occupation and address.)
ALEX. WILLIS,
Clerk of the Executive Council.
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Regulations under 'The Lands Improvement and Native Lands Acquisition Act, 1894'
(continued from previous page)
🗺️ Lands, Settlement & Survey13 December 1894
Land Improvement, Native Lands, Regulations, Bush Felling, Land Allotment, Contracts, Payments, Residency Requirements, Rent, Forfeiture, Association Formation, Agreement
- ALEX. WILLIS, Clerk of the Executive Council
NZ Gazette 1894, No 91