✨ Mining Regulations & Forms
1164
THE NEW ZEALAND GAZETTE.
[No. 52
(d.) That the lessee will not at any time commence or
prosecute any action or suit, or take any proceed-
ings, against any person or body corporate to
recover any compensation or damages for any
loss which the lessee may sustain on account of
any mining operations carried on below the sur-
face of the demised land, or the lands adjoining
thereto, provided that such mining operations were
not being carried on at a less distance from the sur-
face than that sanctioned by the Warden; and also
(e.) That the lessee shall within twelve months from the
date of this lease fence the whole of the land
herein demised with a substantial fence.
And it is hereby further agreed and declared that these pre-
sents are subject to the provisions of section forty-five of “The
Mining Act, 1898,” and are granted on the express conditions
that, if and as often as the said rent or any part thereof
is in arrear and unpaid for thirty days next after any of
the days hereinbefore appointed for the payment thereof,
although no formal demand may have been made therefor,
or if and as often as the lessee neglects or fails to observe
any other of the covenants or provisions herein contained
or implied, or for six months continuously abandons the said
demised premises, then in any of such cases it shall be lawful
for any person or persons thereunto duly authorised by the
King, or by the Minister on his behalf, into and upon the
demised land to re-enter, and thereupon this demise shall
be absolutely determined, but without releasing the lessee
from the payment of any arrears of rent, or from any action
or suit for or on account of any preceding default.
In witness whereof the Warden of the Mining
District, on behalf of the King, and the said lessee, have set
their hands respectively the day and year first hereinbefore
written.
(Lessor.)
(Lessee.)
Signed by A. B., Warden, &c., for and on behalf of the King,
in the presence of—
[Residence and occupation.]
Signed by the said lessee in the presence of—
[Residence and occupation.]
—
Form 101 (Reg. 7).
APPLICATION TO BE REGISTERED AS A MINING AGENT.
To the Warden of the Mining District, at .
Pursuant to “The Mining Act, 1898,” the undersigned
hereby makes application to be registered as a mining agent
for the above-mentioned mining district [or in respect of
the following localities within the said mining district:
namely, (Here name them)].
Address for service: .
Dated at , this day of , 19 .
Signature of applicant:
A. B.
[Or, as the case may be, A. B. (by his Solicitor or
Registered Agent, C. D.)].
Time and place appointed for the hearing of the applica-
tion and all objections thereto: [e.g., Thursday, the 22nd
August, 1901, at 10 a.m., at the Warden’s Court House
at ].
Objections must be filed in the Registrar’s office, and
notified to the applicant, at least two days before the day so
appointed.
—
Form 102 (Reg. 12).
LICENSE TO ACT AS REGISTERED MINING AGENT.
Pursuant to “The Mining Act, 1898,” I, the undersigned,
, a Warden of the Mining District, do hereby
register as a mining agent under the said Act in
respect of the Mining District [or the following
localities—(naming them)—within the said district].
This license is subject to payment of an annual license-
fee of £1 1s.
In witness whereof I have hereunto subscribed my name
and affixed the seal of the Warden’s Court of the
Mining District, this day of , 19 , at
, Warden.
—
Form 103 (Reg. 14).
FORM OF APPLICATION TO CANCEL REGISTRATION AS A MINING
AGENT.
To the Warden of the Mining District at ,
and to , a registered Mining Agent.
Take notice that I, the undersigned, intend to make applica-
tion for the cancellation of the registration of the above-
named as a mining agent under the above Act, on
the grounds following: [Here set out the grounds of appli-
cation with reasonable particularity, in separate paragraphs
consecutively numbered].
Address for service:
Dated at , this day of , 19 .
, Objector.
—
SECOND SCHEDULE.
(Reg. 15.)
SCALE OF COSTS AND CHARGES WHICH MAY BE ALLOWED TO
REGISTERED MINING AGENTS.
(A.) In respect of Applications to the Warden.
Nature of Proceeding.
Costs or
Charges.
£ s. d.
In respect of every unopposed application, includ-
ing preparation and filing of application, and ap-
pearance before the Warden .. .. 0 10 6
In respect of every opposed application, including
preparation and filing of application [or notice
of objection, as the case may be], as well as ap-
pearance before the Warden .. ..£1 1s. to 3 3 0
(B.) In respect of Proceedings before the Warden’s Court.
| Nature of Proceedings. | Under £2. | £2 and under £5. | £5 and under £20. | £20 and under £45. | £45 and over that Sum. |
|---|---|---|---|---|---|
| For entering plaint where the amount claimed is | £ s. d. | £ s. d. | £ s. d. | £ s. d. | £ s. d. |
| No fee | 0 5 0 | 0 5 0 | 0 10 0 | 1 0 0 | |
| Appearance in Court on behalf of plaintiff to conduct action in defended suits where the amount recovered is | 0 10 6 | 1 1 0 | 1 11 6 | 2 2 0 | 2½ per cent. on amount in respect of which judgment is given, but so that the sum allowed is not less than £2 2s. |
| Appearance in Court on behalf of defendant to conduct action in defended suits where the amount claimed is | 0 10 6 | 1 1 0 | 1 11 6 | 2 2 0 | 2½ per cent. on amount sued for, but so that the sum allowed is not less than £2 2s. |
| Appearance in Court in undefended cases where the amount claimed is | 0 5 0 | 0 10 6 | 1 1 0 | 1 11 6 | 1 per cent. on amount in respect of which judgment is given, but so that the sum allowed is not less than £1 11s. 6d. |
| Appearance in Court in cases where no amount is claimed, or where payment of money is not the only relief sought (as in forfeitures, encroachments, &c.) | .. | .. | .. | .. | The same as for opposed applications. |
Where the hearing of a defended suit extends over one
day of six hours, the Warden may allow an additional fee
not exceeding £1 1s. for each additional day of six hours or
part thereof.
(C.) Interlocutory or other Proceedings.
In respect of any interlocutory or other proceeding the
Warden may, in his discretion, allow an additional fee of
not less than 5s. nor more than £2 2s.
ALEX. WILLIS,
Clerk of the Executive Council.
Next Page →
✨ LLM interpretation of page content
🗺️
Form 100: Lease under Section 45 of the Mining Act 1898
(continued from previous page)
🗺️ Lands, Settlement & SurveyLease, Mining Act 1898, Warden, Substantial fence, Surface rights only, No mining rights, Forfeiture, Re-entry, Rent arrears, Abandonment
- A. B., Warden
🌾 Form 101: Application to be Registered as a Mining Agent
🌾 Primary Industries & ResourcesMining Agent, Application, Warden, Mining District, Registration, Hearing, Objections, Address for service
🌾 Form 102: License to Act as Registered Mining Agent
🌾 Primary Industries & ResourcesMining Agent, License, Warden, Annual fee, Registration, Seal of Court
- Warden of the Mining District
🌾 Form 103: Application to Cancel Registration as a Mining Agent
🌾 Primary Industries & ResourcesMining Agent, Cancellation, Grounds for application, Notice, Objector, Registration
🌾 Second Schedule: Scale of Costs and Charges for Registered Mining Agents
🌾 Primary Industries & ResourcesMining Agent, Costs, Charges, Warden’s Court, Unopposed application, Opposed application, Plaint, Appearance fee, Interlocutory proceedings, Percentage fees
- Alex. Willis, Clerk of the Executive Council
NZ Gazette 1901, No 52