Land Settlement Regulations




Aug. 31.] THE NEW ZEALAND GAZETTE. 1591

prised in his lease without the previous permission of the Commissioner in writing.

  1. The right to search for and take gravel for making or maintaining roads from any of the lands disposed of is reserved, payment to be made for surface-damage only.

  2. If and so often as the lessee makes default in the due and full payment of any rent under the lease, or of any instalment in respect of the value of the building as aforesaid, or of any sum in respect of cost of insurance as aforesaid, or of any other moneys payable under the lease, or in the faithful observance and performance of any other of the provisions of these regulations, or of the lease, then and in any such case the Land Board may, without any previous or other notice or demand, forfeit the lease; and in such case all his interest therein shall absolutely cease and determine, subject, nevertheless, to the provisions of the next following clause, respecting valuation of improvements; but such forfeiture shall not affect any right or remedy on the part of Her Majesty to recover from the lessee any money due to Her Majesty, or release the lessee from any penalty or liability in respect to anything done or omitted to be done by him.

  3. In the event of the forfeiture or surrender of the lease, the provisions of “The Land Act, 1892,” respecting valuation of improvements and the payment or other disposal thereof shall, so far as the same are applicable, apply to the improvements made by the lessee.

  4. For the purpose of distinguishing the improvements existing on the land at the date of the lease from those subsequently made by the lessee, the first-mentioned improvements and their value shall be fixed by the Land Board, and be specified in the lease: Provided that to the extent to which the lessee pays the aforesaid instalments in respect of the value of buildings, to the same extent shall such buildings be deemed to be improvements made by him.

  5. The lease shall be in the form or to the effect set forth in the regulations under “The Land for Settlements Act Amendment Act, 1896,” 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.

  6. The lessee shall not cut down or remove any of the trees growing in the plantations at present existing on the land demised, without the consent of the Commissioner in writing first obtained, and such consent shall be conditional on the lessee giving a written undertaking to plant other trees of an equal number and approved kind within one year thereafter.

  7. Subject to the provisions of the said Acts and the foregoing regulations, the provisions of “The Land Act, 1892,” and the regulations thereunder with respect to applications for and the grant of leases in perpetuity, 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, so far as the same are applicable, apply to leases in perpetuity granted under these regulations.

  8. For the purpose of the disposal of the Janefield Settlement, the general regulations made on the 1st day of February, 1897, and gazetted on the 4th idem, are hereby superseded by these regulations.

SCHEDULE.

FORM OF APPLICATION.

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 County Dis- Block. Section. Area. Annual Payments. Capital Value. Prescribed Deposit. Remarks.
Of Land. trict. A. B. 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.

In proof of my fitness and qualifications to hold the land applied for, I hereby make the following replies to the under-mentioned questions:—

Question. Answer.
1. How old were you last birthday?
2. What means (including stock and agricultural implements or machinery) do you possess for stocking and cultivating the land, and erecting suitable buildings thereon; and what is the total value thereof?
3. Have you means sufficient, in your estimation, to enable you to profitably work the land and fulfil the conditions of the lease? If not, state how you propose to do so.
4. What experience have you had in cultivating agricultural land or in dairying or gardening?
5. What is your present occupation?
6. Are you married? If so, has your wife (or husband) had any experience in cultivating land, in farm-work, or in dairying or gardening? Give particulars.
7. Have you any family? If so, state the number and sex of your children now living with you, and their ages.
8. What land do you hold or have an interest in? Give particulars of the block, section, area, and value of such land, and say whether it is freehold, leasehold, or what other tenure, specifying also what portion of it (if any) is rural and what portion (if any) is town or suburban land.
9. What land does your wife (or husband) hold, or have an interest in? Give particulars as above.
10. Is the rural land (if any) mentioned in answers 8 and 9 insufficient for the maintenance of yourself and your family? If so, give your reasons.
11. Is the town or suburban land (if any) mentioned in answers 8 and 9 insufficient for a home for yourself and your family? If so, give your reasons.

Declaration.

I, , of , do solemnly and sincerely declare—

  1. That I am of the age of twenty-one years and upwards.
  2. That I am the person who, subject to the provisions of “The Land for Settlements Act, 1894,” “The Land for Settlements Act Amendment Act, 1896,” and the regulations made thereunder, am applying for a lease in perpetuity of one of the allotments described in the foregoing application.
  3. That I am acquiring such lease solely for my own use and benefit, and not directly or indirectly for the use or benefit of any other person or persons whomsoever.
  4. That I am not, directly or indirectly, either by myself or jointly with any other person or persons, the owner in fee-simple, nor the tenant or occupier under a lease for a term whereof not less than two years are unexpired, of any land in the colony which, being town or suburban land, exceeds one-fourth of an acre, or, being rural land, exceeds 50 acres, in area, or which exceeds in value £300.
  5. That the total value of all the freehold and leasehold property owned by me does not (after deducting the encumbrances thereon) exceed £300.
  6. That my answers to the foregoing questions (Nos. 1 to 11) are true and correct in every particular.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of an Act of the General Assembly of New Zealand intituled “The Justices of the Peace Act, 1882.”

[Signature in full.]

Declared at , this day of , one thousand , before me—

[Signature],

A Justice of the Peace in and for the Colony of New Zealand [or as the case may be].

Received on , at .

Commissioner of Crown Lands.

ALEX. WILLIS,
Clerk of the Executive Council.



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1899, No 72





✨ LLM interpretation of page content

🗺️ Regulations for Disposal of Janefield Settlement Land (continued from previous page)

🗺️ Lands, Settlement & Survey
28 August 1899
Land for Settlements Act, Janefield Settlement, Otago, Lease in Perpetuity, Land Board
  • Alex. Willis, Clerk of the Executive Council