1124
THE NEW ZEALAND GAZETTE.
[No. 49

conditions of occupation of any such land, or for fixing the area of rural or suburban land which may be applied for or occupied by any one person, or for any other purpose relating to or in connection with the disposition of any such land:

And whereas by “The Land for Settlements Act Amendment Act, 1896” (hereinafter called “the amending Act”), it is enacted that the Governor may from time to time make regulations for any purpose for which they are contemplated by the amending Act, or for any purpose which he deems necessary in order to give full effect to that Act:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers and authorities conferred upon him by “The Land Act, 1892,” the principal Act, and the amending Act, or any of them, and by and with the advice and consent of the Executive Council of the said colony, doth hereby make the following regulations to fix the terms and conditions for the disposition and occupation of the land known as the Tamai Hamlet, in the Canterbury Land District, which has been acquired under the principal Act.

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REGULATIONS.

1. The lands included in the Tamai Hamlet are divided into allotments, which are open for selection, for workmen’s homes, on lease in perpetuity, under the provisions of “The Land Act, 1892,” “The Land for Settlements Act, 1894” (hereinafter called “the principal Act”), and “The Land for Settlements Act Amendment Act, 1896” (hereinafter called “the amending Act”).

2. The lease shall be for a term of 999 years, to be reckoned from the 1st day of January or July next following the date of the lease, and shall in addition include the broken period between the date of the lease and such day.

3. The half-yearly rentals shall be the price at which the land is open for selection, and shall be payable in advance, to the Receiver of Land Revenue, on the 1st day of January and the 1st day of July in each year, the first half-year’s rent being due on the 1st day of January or July next following the date of the lease, and being payable out of the hereinafter-mentioned deposit.

4. The lease shall be dated as on the day whereon the Land Board declares that the applicant has succeeded in obtaining the allotment.

5. Applications for leases 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.

6. Applications shall be addressed to the Commissioner of Crown Lands, Christchurch (hereinafter called “the Commissioner”).

7. The day on which the lands shall be first opened for selection shall be Monday, the 26th June, 1899.

8. 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.

9. 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 30 of these conditions.

10. An application may be for more allotments than one, but no person shall be allowed to acquire or hold more than one allotment. Each section is an allotment.

11. 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 on which the largest deposit is required.

12. 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.

13. 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 tenant or occupier of any land whatsoever under the principal Act, the amending Act, or “The Land Act, 1892,” 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-fourth of an acre, or, if rural land, exceeds 50 acres, in area, or which exceeds in value £300.

14. 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.

15. 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.

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

17. 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.”

18. 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.

19. The lessee 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 dwellinghouse, 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.

20. 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.

21. 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.

22. In the event of the lessee at any time failing to comply with any of the conditions of the two last-preceding clauses hereof, 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.

23. The Commissioner or any Crown Lands Ranger of the land district shall also 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.

24. The lessee shall not at any time during the term, by assignment, under-lease, mortgage, or other disposition, in any way transfer the possession or occupation of less than the whole of the land comprised in his lease.

25. The lessee shall not open up any mine on the land comprised in his lease without the previous permission of the Commissioner in writing.

26. The lessee shall not, either directly or indirectly, carry on upon the land any offensive trade as defined in “The Land Transfer Act, 1885.”

27. The lessee shall pay all rates, taxes, and assessments levied on or payable in respect of the land during the term of his lease.

28. The full and free right to enter on the land comprised in the lease and search for and take and remove gravel or stone for making or maintaining roads is reserved to Her Majesty: Provided that the lessee shall be entitled to compensation for any surface damage caused thereby, but to no other compensation or remedy whatsoever.

29. The lessee shall at all times during the term of his lease keep in good repair and condition, to the satisfaction of the Commissioner, all fences, buildings, and other erections for the time being on the land, and shall not destroy, pull down, or remove them, or any part thereof, without the previous permission of the Commissioner in writing.

30. In the case of land with buildings thereon which have been valued separately, in pursuance of section 7 of the