✨ Land Settlement Regulations
Feb. 4.] THE NEW ZEALAND GAZETTE. 343
in equal parts, half-yearly in advance, to the Receiver of Land Revenue, on the 1st day of January and 1st day of July in each year, the first half-year’s rent being due on the 1st day of January or July first following the date of the lease, and being payable out of the hereinafter-mentioned deposit.
(2.) The lease shall be dated as on the day whereon the Land Board declares that the applicant has succeeded in obtaining the allotment.
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Every application shall be in the form or to the effect set forth in the First Schedule hereto, and every applicant shall make the declaration therein set forth, or to that effect.
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Every applicant shall, to the best of his ability, answer the questions set forth in his application, and such other questions relating to his means and ability to work the land and fulfil the conditions of the lease as the Land Board may see fit to ask. Failure to answer any such question to the satisfaction of the Land Board will entail the rejection of the application.
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(1.) No application will be considered unless it is accompanied by a deposit consisting of an amount equal to the rent for the first half-year of the term, together with the sum of one guinea to defray the cost of the lease, and, if the application is in respect to land on which buildings are situate, the amount of the first half-yearly instalment in respect of the value thereof and interest thereon, or, as the case may be, of the interest alone, as hereinafter provided in clause 22 of these regulations.
(2.) An application may be for more allotments than one, but no person shall be allowed to acquire or to hold more than one allotment.
(3.) If any application comprises more allotments than one, it shall be sufficient if the prescribed deposit is duly made in respect of the allotment applied for whose deposit is the largest.
(4.) If the applicant is successful in obtaining an allotment, his deposit, or a sufficient part thereof, shall be retained and applied in payment of the items hereinbefore referred to in respect of such allotment, and the residue, if any, shall be returned to him.
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No person shall be capable of applying for or holding any allotment in any of the following cases, that is to say:—
(1.) If at the date of his application he is directly or indirectly, either by himself or jointly with any other person or persons, the owner, tenant, or occupier of any land whatsoever under the said Acts, or the owner in fee-simple, or the tenant or occupier under a lease for a term whereof not less than two years are unexpired, of any other land in the colony which, with the allotment applied for, would exceed in area 1,000 acres; or
(2.) If at such date he is the owner of real or personal property the total value whereof, after deducting the encumbrances thereon, exceeds the following proportion of the capital value (exclusive of buildings) of the allotment applied for, that is to say,—
(a.) Three times such capital value where the area of such allotment does not exceed 100 acres;
(b.) Twice such capital value where such area exceeds 100 and does not exceed 500 acres;
(c.) One and a half times such value when such area exceeds 500 acres. -
When more applications than one are made on the same day for the same land, the right to occupy the land shall, if such applications are accepted by the Land Board, be decided by ballot in accordance with the regulations under “The Land Act, 1892.”
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Subject to the provisions of “The Land Act, 1892,” as to relaxing or dispensing with the conditions relating to residence, the lessee shall reside on the land within one year from the date of the lease, and thereafter such residence shall be continuous for the period of ten years.
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The lessee shall put on the land comprised in his lease substantial improvements as under, that is to say:—
(1.) Within one year from the date of his lease, to a value equal to 2½ per cent. of the aforesaid capital value of the land;
(2.) Within two years from the date of his lease, to a value equal to another 2½ per cent. of the aforesaid capital value of the land;
(3.) And thereafter, but within six years from the date of his lease, to a value equal to another 2½ per cent. of the aforesaid capital value of the land;
and in addition thereto he shall, within six years from the date of his lease, put on the land substantial improvements of a permanent character within the meaning of section 3 of “The Land Act, 1892,” to the value of £1 for every acre of agricultural land, and 10s. for every acre of mixed agricultural and pastoral land. For the purposes of this clause the Land Board shall determine and specify in the lease what proportion of the land comprised therein is agricultural and what proportion is mixed agricultural and pastoral land.
B
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For the purpose of determining whether the lessee has put upon the land substantial improvements to the value and within the time prescribed by these regulations (but for no other purpose), there shall be included the value of all substantial improvements existing on the land at the date of the lease, and also all capital sums paid by the lessee in respect of the value of buildings under clause 22 of these regulations, nevertheless to the extent only of the actual value of such of the said improvements and buildings as are subsisting at the time when their value is included as aforesaid.
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The lessee shall, within two years from the date of his lease, have the land fenced with a ring-fence; and such fence shall be a sufficient fence within the meaning of “The Fencing Act, 1895.”
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The lessee shall once a year throughout the term of his lease, and at the proper season of the year, properly cut and trim all live fences on the land at the date of the lease, or subsequently planted thereon, and stub all gorse not growing as fences, and also stub all broom and sweetbriar and other noxious plants.
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The lessee shall not take more than three crops, one of which must be a root-crop, from the same land in succession; and either with or immediately after a third crop of any kind he shall sow the land down with good permanent cultivated grasses and clovers, and allow the land to remain as pasture for at least three years from the harvesting of the last crop before being again cropped.
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The lessee shall at all times during the term of the lease so farm the land, if the area of the whole exceeds 20 acres, as that not less than one-half of the total area shall be maintained in permanent pasture.
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The lessee shall not cut the cultivated grass or clovers for hay or seed during the first year from the time of sowing as aforesaid, nor shall he at any time remove from the land or burn any straw grown upon the land.
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The lessee shall once a year during the term of his lease properly clean and clear from weeds, and shall at all times during the said term keep open, all creeks, drains, ditches, and watercourses upon the land, and the Commissioner of Crown Lands (hereinafter called “the Commissioner”) or any Crown Lands Ranger of the land district shall have the power at any time to enter upon and make through the land any drain that he deems necessary, without payment of any compensation to the lessee.
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In the event of the lessee at any time failing to comply with any of the conditions hereinbefore mentioned relating to the trimming of live fences and stubbing gorse, broom, and sweetbriar, or other noxious weeds, and to the cleaning, clearing from weeds, and keeping open all creeks, drains, ditches, and watercourses, it shall be lawful for the Commissioner to have such work done, and to recover the cost of the same from the lessee in the same manner as rent.
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The lessee shall pay all rates, taxes, and assessments levied on or payable in respect of the land during the term of his lease.
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In the case of land with buildings thereon which have been valued separately, in pursuance of section 7 of the amending Act, the following special provisions shall apply:—
(1.) The ascertained value of the buildings shall be set forth in the sale-plan and in the deed of lease, and the amount so set forth shall be final and conclusive evidence of such value.
(2.) Subject to the provisions for postponement contained in subsection (3) of section 7 of the amending Act, the amount so set forth, together with interest thereon at the rate of 5 per cent. per annum, computed from the first day of January or July next following the date of the lease, shall be paid by the lessee by equal half-yearly instalments in advance, extending over such period, being not less than seven nor more than twenty-one years, as, with the approval of the Minister, the Land Board thinks fit to determine: Provided that during such postponement (if any) the interest alone shall be payable by half-yearly instalments in advance.
(3.) Such instalments shall be payable in the manner and on the dates hereinbefore appointed for the payment of rent: Provided that the lessee may at any time pay the whole or any less number of the then future instalments under a duly proportionate rebate of interest.
(4.) The amount of such instalments (where they consist of combined principal and interest, and not of interest alone) shall be calculated according to the table shown in the Second Schedule hereto, which shall be deemed to be final and conclusive.
(5.) So long as any such instalment remains unpaid, the lessee shall, at his own cost in all things, insure the buildings, and keep them insured in the name of Her Majesty in an amount equal to
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✨ LLM interpretation of page content
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Regulations for the Disposal of Lands under The Land for Settlements Act, 1894
(continued from previous page)
🗺️ Lands, Settlement & Survey1 February 1897
Land for Settlements Act, Lease-in-perpetuity, Agricultural lands, Land Board, Minister of Lands
NZ Gazette 1897, No 12