State Forests Regulations




Mar. 18.] THE NEW ZEALAND GAZETTE. 851

(b.) A description of the locality where the timber and logs already owned or secured are situated, and, if in several localities, the names of each shall be stated, together with the quantity of timber thereon, the amount of timber required, and how long it would last, &c. An illustrative sketch-map must accompany the description.

(c.) A description of the lot and quantity of the particular timber tendered for, and also the locality of the mill at which it is proposed that this timber shall be sawn.

(d.) How it is proposed to remove the timber, whether by tramway, or by putting it into the creeks and driving it out, or by hauling, rafting, towing, or in any other manner.

(e.) The terms of payment offered being either wholly in cash, or partly in cash and partly by instalments, as specified in clause 10 hereof.

  1. All tenders shall be accompanied by a deposit of 5 per cent. on the amount of the tender, which will be returned in case of non-acceptance of the tender, and in the case of a successful tenderer shall be retained as part payment for the timber.

  2. The Conservator of State Forests shall transmit such tenders, together with the Ranger’s report thereon, and his remarks and recommendations, to the Commissioner of State Forests.

  3. The highest or any of such tenders shall not necessarily be accepted, and the right is reserved by the Commissioner of State Forests to allot the timber in such manner and on such conditions as, in his opinion, the circumstances of the case warrant: Provided that before accepting a tender he shall satisfy himself that the tenderer is the proprietor of a then-existing mill, and that the timber applied for is to supply such mill.

  4. In the event of the acceptance of any tender, a license shall be issued to the tenderer as licensee, and there shall be a maximum time provided for the removal of the timber, with conditions providing against waste in terms of No. 49 of the general regulations under “The New Zealand State Forests Act, 1885,” dated the 15th day of January, 1900.

  5. The licensee shall make and deliver to the Conservator of State Forests, at a period fixed by such Conservator in each year, a written statement of the quantity of timber such licensee has in hand on the several classes of land held by him.

  6. It shall be unlawful for the licensee to transfer, assign, or in any way dispose of his license, or of the timber, or of his interest therein, to any other person until after the expiration of two years from the date at which the tender was accepted: Provided, however, that where the licensee proposes to sell the timber with his mill, plant, and appliances in their entirety, he may do so with the written approval of the Commissioner of State Forests first obtained; and in such case the license may be transferred accordingly. Such approval may be given or refused in the discretion of the Commissioner.

  7. Payment for timber shall be made by the licensee either wholly in cash on acceptance of tender, or partly in cash and partly by instalments, as follows:—

For half to one million feet, half in cash on acceptance of tender and half in six months thereafter;

For one to three million feet, one-third in cash on acceptance of tender, one-third in eight and one-third in sixteen months thereafter;

For three to six million feet, one-fifth in cash on acceptance of tender, one-fifth in seven, one-fifth in fourteen, one-fifth in twenty-one, and one-fifth in twenty-eight months thereafter;

For six to ten million feet, one-fifth in cash on acceptance of tender, one-fifth in nine, one-fifth in eighteen, one-fifth in twenty-seven, and one-fifth in thirty-six months thereafter.

  1. All such instalments shall bear interest at the rate of 5 per cent. per annum as from the date of acceptance of tender, and, with the interest, shall be secured by promissory notes payable on demand, and made and indorsed to the satisfaction of the Conservator of State Forests.

  2. Timber not removed within the time provided for its removal shall revert to the Crown, but the Commissioner of State Forests may grant an extension of time for a period not exceeding three years on payment of not less than 5 per cent. per annum on the prairie or net value of the land on which the timber is standing or lying, subject to such conditions as the Commissioner may impose.

  3. The Crown reserves the right either to accept royalty on the estimated quantity of timber as appraised, or on the amount as it comes from the mill, sawn or in flitches; the conditions governing payment of royalty therefor being those specified in No. 38 of the aforesaid general regulations, subject, however, to these regulations.

  4. In every case where payment is to be made by instalments the following special provisions shall apply:—

(1.) The property in all uncut timber shall remain in the Crown until all the instalments are paid.

(2.) The value of the timber cut shall at no time exceed the total amount actually paid.

(3.) In any case where the Conservator of State Forests is satisfied that timber has been cut in excess of the limit fixed by the last-preceding paragraph, he shall appraise the quantity and value of the timber so cut in excess and demand payment from the licensee of the amount of such appraisement. The amount paid shall be in or towards satisfaction of the accruing instalments in the order in which they accrue due, and shall accordingly be credited to the same, as also to the promissory notes securing the same. In default of payment of such amount for the space of fourteen days the whole of the unpaid instalments shall be payable forthwith, and payment may be enforced accordingly.

New Mills.

  1. Any person desirous of applying for a sawmilling area of timber for a new mill shall roughly mark off an area not exceeding 200 acres, and supply a sketch-map of the same, with compass bearings and approximate distances, and may also apply for three additional areas of not more than 200 acres each, adjoining the first, to be reserved for his exclusive use: Provided that the reservation of any or all of such additional areas shall be at the discretion of the Commissioner of State Forests; and provided also that the holder shall not be allowed to fell timber on any reserved area until he has complied with the terms of payment, and has otherwise complied with the terms of these regulations. The holder of a sawmill area shall erect a substantial and fully equipped sawmill capable of cutting not less than 100,000 superficial feet of timber monthly on the area applied for, or on such other site as may be approved of by the Commissioner.

An area not exceeding 20 acres of Crown lands may be granted by the Commissioner of State Forests as a mill-site, with prescribed conditions as to rent and otherwise.

  1. The applicant shall state in his application the amount of royalty he is prepared to pay per 100 superficial feet for the timber, the date at which it is proposed to erect and complete the mill, tramways, &c., together with the date on which the applicant will be ready to begin cutting operations. The application shall also be accompanied by a sketch-plan showing the locality of the land from which it is proposed to take the timber applied for.

  2. The applicant shall also state whether he has any other mills, or any interest, direct or indirect, in other mills, and, if so, where they are located; how it is proposed to remove the timber, whether by tramway or by putting the timber in creeks and driving it out, or by hauling, rafting, towing, or in any other manner; and whether there are other mill-owners in the same locality.

  3. On receipt of the application the Ranger shall visit the land applied for, and shall report generally and specifically as under:—

(a.) On the proposed mill-site.

(b.) On the quantity of timber on the milling area in question.

(c.) Whether the granting of the application would interfere with other mill-owners (if any).

(d.) Whether the granting of the milling area as applied for would prevent other owners from removing timber from their respective areas and lands, or prevent timber from being taken off other Crown lands.

(e.) On the estimated amount of timber, together with a description thereof, and his value of the selling-price of the timber as it stands at per 100 superficial feet.

  1. The Conservator of State Forests shall transmit such application, together with the Ranger’s report thereon, and accompanied by full particulars and recommendations, to the Commissioner of State Forests.

  2. (1.) Thereupon, subject to the Commissioner of State Forests’ approval, the area and quantity of timber shall be thrown open by public notification for disposal by public tender.

(2.) Irrespective of any such application, the Commissioner may from time to time, as he thinks fit, set apart and publicly notify as open for disposal by public tender mill-sites and areas or quantities of kauri timber for the supply of new mills.

  1. The highest or any tender shall not necessarily be accepted, and the right is reserved by the Commissioner to allot the timber in such manner and on such conditions as, in his opinion, the circumstances of the case warrant: Provided that, before accepting a tender, he shall satisfy himself that the timber applied for is to supply a new mill.


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1904, No 24





✨ LLM interpretation of page content

🌾 Additional Regulations under the New Zealand State Forests Act, 1885 (continued from previous page)

🌾 Primary Industries & Resources
15 March 1904
Kauri timber, State Forests, Logging regulations, Public tender, Conservator of State Forests, Payment by instalments, Sawmilling area, Mill-site, Timber removal, Royalty payment