✨ Land Acquisition Regulations
May 16.] THE NEW ZEALAND GAZETTE. 1067
provided that the Governor may from time to time make regulations for, inter alia, the following purposes, that is to say,—
(1.) Prescribing the forms of notices, requisitions, and claims in respect of land to be taken compulsorily under the said Act;
(2.) Fixing the time within which, and the manner in which, shall be done any act, matter, or thing for which under the said Act a prescription is contemplated or required;
(3.) Generally any other purpose for which regulations are contemplated or required:
Now, therefore, in exercise of the powers conferred upon him by the said Act, and of all other powers and authorities him enabling in this behalf, His Excellency the Governor of the Colony of New Zealand doth hereby revoke the regulations made and gazetted as aforesaid, and in lieu thereof doth hereby make the following regulations for the purposes aforesaid:—
REGULATIONS.
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Whenever it is intended to take land compulsorily under “The Land for Settlements Consolidation Act, 1900,” the requisition referred to in section 15 of “The Land for Settlements Consolidation Act, 1900” (hereinafter called “the said Act”), shall be in the Form No.1 in the Schedule hereto, or to that effect.
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The claim for compensation referred to in section 18 of the said Act shall be in the Form No. 2 in the Schedule hereto, or to that effect.
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The claim shall be served on the Minister of Lands by being delivered at his office in Wellington, or by being sent by registered letter addressed to him at such office.
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Not later than twenty-one days after service of the claim the claimant shall file a copy of the claim in the office of the Supreme Court in the Supreme Court district within which the land proposed to be taken is situate, or, if there are more than one such offices, then in the office nearest to the land; and if he fails or neglects so to do the Minister at any time thereafter may do so at the cost and in the stead of the claimant.
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Not later than twenty-one days after service of the claim the claimant shall also file in the said office of the said Court a notice stating the name and address of the person he appoints to act as his Assessor, and shall serve a copy of such notice on the Minister.
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Within twenty-one days after receiving the notice of the appointment of the claimant’s Assessor the Minister shall also file in the office of the said Court a notice stating the name and address of the person he appoints to act as his Assessor, and shall serve a copy of such notice on the claimant.
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If the claimant or the Minister fails to do any of the things hereinbefore directed within the time limited for the doing of the same, the claimant or the Minister, as the case may be, may apply to the Chief Justice in a summary way for an extension of the time so limited, and the Chief Justice may, on sufficient cause shown, order that the time be extended accordingly for such period and upon such terms as to costs and otherwise as he thinks fit; and the doing of any such things within such extended time shall be and be deemed to be an effectual compliance with these regulations.
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If the claimant or the Minister makes default in appointing an Assessor, or in doing any other act, matter, or thing by the said Act or these regulations required or directed to be done, then, on summary application in that behalf by the party not in default, the Chief Justice may, on such terms as to costs and otherwise as he thinks fit, appoint an Assessor, or give such directions and make such orders as in his opinion are necessary or expedient in order to enable the claim to be heard and adjudicated upon by the Compensation Court.
SCHEDULE. (Form No. 1.)
New Zealand.
Requisition as to taking Land compulsorily under “The Land for Settlements Consolidation Act, 1900.”
NOTICE is hereby given that it is intended on behalf of His Majesty to take compulsorily, under the provisions of “The Land for Settlements Consolidation Act, 1900,” the land whose acreage, description, and classification, as also the name and address of whose owner, are specified in the Schedule hereto; and every owner of the land, and also every other person having any estate or interest therein, are hereby required to serve their respective claims for compensation on the Minister of Lands in the form and manner and within the period provided by the said Act.
Schedule.
(1.) Acreage and description: All that parcel of land, situate in the Land District of __, containing by admeasurement __ acres __, be the same a little more or less [Identify the land with reasonable particularity by reference to section, block, plans, or otherwise].
(2.) The Minister’s classification of the land: [Set out classification into first-class, second-class, or third-class land, as the case may be.]
(3.) Whether the land intended to be taken is the whole or less than the whole of the owner’s estate: [State “The whole” or “Less than the whole,” as the case may be,]
(4.) Acreage and Minister’s classification of the whole estate where less than the whole is intended to be taken:
(5.) Name and address of owner: [Set out name and address of—
(a.) The owner in fee-simple;
(b.) Each owner of any lesser estate or interest as disclosed by the Land Transfer or Deeds Registration Registers, specifying in each case the nature of the estate or interest—e.g., lessee, mortgagee, &c., and adding “of part of the land” or “of the whole of the land,” as the case may be;
(c.) Every other owner of any estate or interest, so far as known to the Minister.]
Dated at Wellington, this __ day of __, 19 __.
__, Minister of Lands.
New Zealand. (Form No. 2.)
Claim for Compensation by [Full name, occupation, and address of claimant] in respect of Land intended to be taken compulsorily on behalf of His Majesty under “The Land for Settlements Consolidation Act, 1900,” pursuant to Requisition by the Minister of Lands dated the __ day of __, 19 __.
(1.) CLAIMANT’S address for service: [Specify address, which must be a place in the colony.]
(2.) Acreage and description of the land intended to be taken compulsorily, as specified in the requisition: [Set out from requisition.]
(3.) The claimant’s classification thereof into first-class, second-class, or third-class land, as the case may be, if he objects to the Minister’s classification thereof as specified in the requisition: [Set out the claimant’s classification, and specify the points wherein it differs from the Minister’s.]
(4.) Whether the land intended to be taken is the whole or less than the whole of the claimant’s block: [State “The whole” or “Less than the whole,” as the case may be.]
(5.) Acreage and claimant’s classification of the whole block, where less than the whole is intended to be taken: [Set out same, and specify the points wherein the owner’s classification differs from the Minister’s, as specified in the requisition.]
(6.) Claimant’s objection (if any) to any land being taken: [State the objection, if any, and the ground thereof, which must be under section 12 or 13 of the said Act.]
(7.) Claimant’s demand (if any) to select and retain out of the land intended to be taken any specified area not exceeding the prescribed maximum: [Assert the demand (if any) thus—“Demand hereby made in respect of”—and set out the acreage, description, classification, and position of the area to which the demand relates, and the acreage and classification of the whole estate.]
(8.) Claimant’s demand (if any) that the whole of his block be taken: [Assert the demand (if any) thus—“Demand hereby made”—and set out its acreage, description, and classification.]
(9.) Nature and particulars of the claimant’s interest in the land to be taken or, as the case may be, in the block from which the land is to be taken, and of all encumbrances, liens, and interests affecting the same respectively: [Set out same with reasonable particularity, thus—Owner in fee-simple, mortgagee, lessee, or as the case may be—and give reference to every encumbrance, lien, or interest, with sufficient particularity to identify same. If the claimant’s interest is other than that of owner in fee-simple, give reference to the instrument of title or other means of identifying such interest. State whether such interest relates to the whole of the land or to only part thereof, and if only to part, specify the acreage, classification, and position of such part, and identify same by plan and description.]
(10.) Particulars, items, and total amount of claim: [Specify separately and seriatim each matter on account of which the claimant claims compensation, with full particulars of the nature and extent of each separate item of the claim, but without naming amounts. Distinguish each such item by a reference number, and if any item is for land injuriously affected, as distinguished from land to be taken, specify the acreage, description, and position thereof with sufficient particularity to insure identification. Then tabulate thus:—
£ s. d.
[Set out reference number and short heading of each item of the claim as previously detailed, and the amount claimed in respect of each such item separately, together with the total amount of the whole claim.]
Total amount of whole claim .. .. £
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Regulations for Compulsory Taking of Land under Land for Settlements Consolidation Act
(continued from previous page)
🗺️ Lands, Settlement & Survey13 May 1901
Land acquisition, Compulsory taking, Land for Settlements Act, Governor’s regulations, Requisition forms, Compensation claims, Minister of Lands, Supreme Court filing, Assessor appointment, Chief Justice
- Minister of Lands
NZ Gazette 1901, No 48