Land Regulations




Feb. 4.] THE NEW ZEALAND GAZETTE. 345

(2.) For the purposes of this clause, the Land Board shall determine and specify in the lease what proportion of the land comprised therein is first-class and what proportion is second-class pastoral bush land.

  1. The lessee shall at all times during the term of the lease maintain in permanent pasture not less than two-thirds of the total area of the land.

  2. The lease shall be in the form or to the effect set forth in the Fifth Schedule hereto, and may contain such additional provisions, not inconsistent with the said Acts or these regulations, as the Land Board thinks fit.

  3. The provisions of clauses 4, 7, 8, 10, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 27 of these regulations shall, mutatis mutandis, apply to lands acquired under the said Acts and disposed of under the small-grazing-run system.

  4. Subject to the provisions of the said Acts and the foregoing regulations relating to small grazing-runs, the provisions of “The Land Act, 1892,” and the regulations thereunder with respect to applications for and the grant of leases of small grazing-runs, the stipulations and conditions subject to which such leases may be granted, the rights and powers of the lessor and of every person and authority in Her behalf, the rights, powers, and functions of the Land Board and the Commissioner in relation to the land and premises comprised in such leases, and the estate, interest, rights, duties, and liabilities of the lessees shall apply to lands acquired under the said Acts and disposed of under the small-grazing-run system: Provided that the lessee shall not be entitled to obtain a lease in perpetuity of the small grazing-run by surrendering his small grazing-run lease or otherwise, anything in “The Land Act, 1892,” to the contrary notwithstanding.

As to Allotments for Workmen’s Homes under Section 13 of the Amending Act.

  1. In every case where lands acquired under the said Acts are to be disposed of for workmen’s homes under section 13 of the amending Act, they shall be disposed of by the Land Board of the land district by lease in perpetuity in the manner and upon the terms and conditions hereinafter appearing.

  2. The land shall be divided into allotments not exceeding 3 acres each, and no lease shall comprise more than one allotment.

  3. Every application shall be in the form or to the effect set forth in the Sixth Schedule hereto, and every applicant shall make the declaration therein set forth or to that effect.

  4. No person shall be capable of applying for or holding any allotment 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, if town or suburban land, exceeds one-eighth of an acre, or, if rural land, exceeds fifty acres, in area.

  5. Before disposing of the allotments the Land Board shall determine whether or not the applicant is a workman within the meaning of the amending Act; and for that purpose “workman” shall be deemed to mean any male or female person above the age of twenty-one years who is engaged in any form of manual, clerical, or other work for hire or reward, and is not possessed of real or personal property to a value exceeding £150.

  6. Each applicant must satisfy the Land Board (whose decision shall be final and conclusive) that he possesses the following qualifications:—

(1.) That he is a workman as hereinbefore defined.

(2.) That he has the means to erect a suitable house on the land for himself and his family, and to fence and cultivate the land, or that there is a reasonable probability that he will be able to do so with the assistance of any advance that may be made to him under the provisions in that behalf hereinafter contained, or otherwise.

(3.) That he is in all respects a deserving and suitable person.

  1. If any applicant fails to satisfy the Land Board as to any of the aforesaid qualifications, his application shall be void.

  2. A lessee of a workman’s home shall put on the land comprised in his lease substantial improvements of a permanent character, to the satisfaction of the Commissioner, as under, that is to say,—

(1.) Within one year from the date of his lease, a substantial dwelling-house to the value of at least £30.

(2.) Within two years from the date of his lease, a sufficient fence, within the meaning of “The Fencing Act, 1895,” round the land.

(3.) Within three years from the date of his lease, at least one-fourth of the area of the land shall be fenced off, and be under proper cultivation as a garden or orchard.

  1. The lessee shall not at any time during the term, by sale, underlease, mortgage, or other disposition, in any way transfer the possession or occupation of less than the whole of the land comprised in his lease, anything in section 83 of “The Land Act, 1892,” or section 9 of the amending Act, to the contrary notwithstanding.

  2. Section 12 of the amending Act shall apply solely to lands set apart as allotments for workmen’s homes, and advances under that section may be made subject to the following conditions:—

(1.) If the lessee is married an advance of not more than £20, and if he is single an advance of not more than £10, may be made to him towards the cost of fencing and planting the land comprised in his lease, or of building a dwelling-house thereon if no dwelling-house already exists.

(2.) Such advance shall not exceed one-half the value of the fencing, planting, and building actually done or erected by the lessee on the land.

(3.) No advance shall be made save on the written certificate of an Inspector appointed in that behalf by the Land Board, specifying the total value of the work done by the lessee, and the amount of the advance to which he is entitled, and certifying that such work has been well and faithfully done, and to the Inspector’s satisfaction.

(4.) Such advance, together with interest thereon at the rate of 5 per cent. per annum computed from the date of the advance, shall be repayable by the lessee to the Receiver of Land Revenue on the half-yearly rent days by equal half-yearly instalments in advance, extending over such period, being not less than five nor more than ten years, as with the approval of the Minister the Land Board thinks fit to prescribe: Provided that the lessee may, at any time during such period, repay the whole or any less number of the then future instalments under a duly proportionate rebate of interest.

(5.) The amount of the instalments shall be calculated according to the table shown in the Second Schedule hereto, and a certificate under the hand of the Commissioner shall at all times and from time to time be conclusive evidence as to the date and amount of the advance, the amounts and due dates of the instalments, and the sums paid and unpaid in respect thereof.

(6.) As long as any such instalment remains unpaid the provisions of subclause (10), and as long as any such instalment in respect of a dwelling-house remains unpaid the provisions of subclauses (5) to (10), of clause 22 of these regulations shall apply.

  1. The lease shall be in the form or to the effect set forth in the Seventh Schedule hereto, and may contain such additional provisions, not inconsistent with the said Acts or these regulations, as with the approval of the Minister the Land Board thinks fit.

  2. The provisions of clauses 2, 4, 5, 7, 8, 10, 11, 13, 15, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 29 of these regulations shall, mutatis mutandis, apply to allotments disposed of for workmen’s homes.

FIRST SCHEDULE.

Application for Rural Land for Lease in Perpetuity under “The Land for Settlements Act, 1894,” and its Amendments.

To the Commissioner of Crown Lands for the Land District of

I HEREBY apply for a lease in perpetuity of one of the following allotments:—

Allotment. Survey District. Block. Section. Area. Annual Payments. Capital Value. Prescribed Deposit. Remarks.
A. R. P. For Rent. £ s. d. For Value of Buildings. £ s. d. Of Land. £ s. d. Of Buildings. £ s. d.

And I deposit herewith the sum of £ __, being the half-year’s rent, and other payments prescribed in respect of the allotment applied for.*

*If more than one allotment is applied for the deposit should be for the allotment requiring the largest deposit, and the words “which is greatest in value” should be added.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1897, No 12





✨ LLM interpretation of page content

🗺️ Regulations for the Disposal of Lands under The Land for Settlements Act, 1894 (continued from previous page)

🗺️ Lands, Settlement & Survey
1 February 1897
Land for Settlements Act, Lease-in-perpetuity, Agricultural lands, Land Board, Minister of Lands, Lease conditions, Improvements, Fencing, Crop rotation, Pasture maintenance, Building valuation, Insurance, Rent payment, Forfeiture, Renewal, Small-grazing-run system, Workmen’s homes, Allotments, Manual labor, Clerical work, Property value, Dwelling-house, Cultivation, Mortgage, Land revenue, Inspector, Interest rates