1164
THE NEW ZEALAND GAZETTE.
[No. 34

Rules and Regulations for the Management of the Waikaka Commonage.

RANFURLY, Governor.

IN pursuance and exercise of the powers and authorities conferred upon me by section 4 of “The Land Act, 1892,” I, Uchter John Mark, Earl of Ranfurly, the Governor of the Colony of New Zealand, do hereby revoke a Warrant, dated the fifth day of June, one thousand nine hundred and two, making regulations as therein appears for the management of Waikaka Commonage, and in lieu thereof do hereby make the following rules, regulations, and orders for the management of the Waikaka Commonage, described in the First Schedule to such regulations.

REGULATIONS.

1. For the purpose of carrying out these regulations the following persons are hereby appointed a Committee for the care, management, and protection of the said commonage :—

John McLellan,
Thomas Maslin,
David Lamb,
Frank Shirley,
William Francis Bennetts,
James Ward, and
Percy Calvert Knight Young,

all of Waikaka; who shall be known as the “Waikaka Commonage Committee” (hereinafter referred to as “the Committee”). Three of such Committee shall retire by ballot in December in each year, but they shall be eligible for reappointment as hereinafter provided.

2. The Committee shall meet for the transaction of business on the second Wednesday in each month, at 7 o’clock p.m., at Waikaka, or at such other time or place as may from time to time be fixed by the Committee. The first meeting shall be held on Wednesday, the eleventh day of May, 1904.

3. On the second Wednesday in January in every succeeding year thereafter an election shall take place from among the holders of licenses to depasture cattle or stock upon the said commonage (hereinafter termed “license-holders”) for the purpose of electing three members of the Committee instead of the three retiring members; and the names of such persons, when so elected, shall be submitted to the Governor for approval, and if so approved they shall take the place of the three retiring members.

4. Special meetings may be convened by the Chairman or by any two members of the Committee, provided that two days’ notice of such meeting be given to each member, specifying the business to be transacted at such special meeting, and no other business than that so specified shall be transacted at such meeting.

5. Any three of the said Committee shall form a quorum. Any meeting may be adjourned from time to time.

6. The members of the Committee shall, at their first meeting, and thereafter at an annual meeting to be held on the first Wednesday in January in every succeeding year thereafter, elect one of themselves to be Chairman, who may join in the discussion, and shall have an original as well as a casting vote. The Chairman shall hold office until the election of his successor. At such meeting a Secretary shall also be appointed by the Committee.

7. If at any meeting the Chairman is not present at the time appointed for holding the same, the members present shall choose some one of their number to be chairman of such meeting.

8. If, by retirement, resignation, death, or incapacity, or otherwise, the office of Chairman shall be or become vacant, the members may at any monthly or special meeting appoint a Chairman.

9. All questions shall be determined by the majority of votes of the members of the Committee present at a meeting.

10. The words “great cattle” shall be construed to mean and include cattle, horses, mules and asses, male or female, and their offspring above six months of age; and the words “small cattle” shall be construed to mean sheep, male and female, and their offspring above the age of twelve months.

11. License-holders may run great or small cattle upon the lands described in the First Schedule upon the conditions mentioned in the depasturing license, to be obtained as hereinafter provided.

12. Persons desirous of obtaining a depasturing license must lodge with the Postmaster at Waikaka an application in writing in the form or to the effect contained in the Second Schedule hereto, and deposit therewith the license fee payable hereunder. If such application be refused the fee shall be refunded to the applicant.

13. The Committee shall have power to refuse to grant any license, also to limit the number of cattle which may be depastured under any license. They shall also have power to specify the kind of cattle which may be depastured under any license.

14. The number of cattle to be depastured shall be mentioned in the license, and the rent to be paid in respect of such license shall be calculated upon the following scale, that is to say :—

Per Annum.

The first head of great cattle run by each license-holder, provided it is a milch cow.. 3 0
All other great cattle mentioned in the license .. .. .. 4 0
For every head of small cattle .. .. 1 0

Every such license shall be in the form or to the effect contained in the Second Schedule hereto, and shall expire on the 31st day of December in every year, when such license may be renewed in accordance with the foregoing provisions. Every license shall be granted subject to the conditions herein set forth, and shall be signed by the Chairman of the Committee.

15. The revenue derived from license fees or otherwise from the said commonage shall stand first charged with the cost of the destruction and prevention of the spreading of rabbits upon such commonage; said cost to be ascertained in such manner as may be fixed and determined by the Chief Inspector of Stock.

16. All cattle depastured must be branded or ear-marked, and the brand or ear-mark, and a description of the cattle, must be registered with the Ranger. The Ranger shall issue a certificate of registration in such form as he thinks fit, and the fee for every such certificate shall be 1s. But if the brand or ear-mark is registered with the application no further registration shall be necessary.

17. No great cattle suffering from any disease shall be depastured upon, nor shall any pigs or goats be allowed to trespass or be at large upon or within, the lands described in the First Schedule. No bull, ram, or stallion shall be depastured without the express permission in writing of the Chairman of the Committee. Any person or persons committing a breach of this provision shall be liable, on the information of such Chairman, as for trespass of cattle on Crown lands; and the Chairman of Committee for the time being is hereby empowered to lay any such information.

18. If any licensee shall at any time commit or suffer a breach of the conditions or terms upon which the license is granted, as the same are herein set forth, the Chairman of the Committee may, on such evidence as he thinks fit, cancel and determine the license held by such licensee, and he shall have no claim to any refund or allowance in respect thereof.

19. No person shall remove beyond the boundary of the land described in the First Schedule any cattle other than those belonging to him, or for the removal of which he shall have authority from the Ranger, under a penalty not exceeding £5.

20. If any person, not being licensed as aforesaid, shall depasture any great cattle or small cattle upon the lands described in the First Schedule, or a greater number of such cattle than shall have been apportioned to him, every such person shall be liable, on the information of the Chairman of Committee, as for trespass of cattle on Crown lands, and also to any penalty or disability imposed in respect of unlawful occupation of Crown land.

21. Nothing herein contained shall be deemed to interfere with the powers or duties of the Commissioner of Crown Lands of the district in which the lands described in the First Schedule are situated, whether under “The Land Act, 1892,” or under any other law or statute for the time being in force; and the said lands described in the First Schedule hereto shall, subject to the special provisions hereinbefore made, remain and be Crown lands for the purpose of the said Act, and subject thereto.

FIRST SCHEDULE.

Waikaka Commonage.

All that area in the Southland Land District, containing by admeasurement 1,019 acres 1 rood 39 perches, more or less, being Section No. 10, Block IX., and Sections Nos. 12, 14, 16, and 17, Block XIV., Chatton Survey District. Bounded towards the north by a public road; towards the east by Sections Nos. 15 and 44, Block XIV., Chatton Survey District; again towards the north by said Section No. 44 and Sections Nos. 11 and 16, Block IX., of said district; towards the south-east and south by public roads and by Sections Nos. 18, 11, and 9 of said Block XIV.; and towards the west by public roads, the Township of Waikaka, and by Section No. 1 of 14, Block XIV. aforesaid: as the same is delineated on the plan marked S.G. 38461, deposited in the District Office, Department of Lands and Survey, at Invercargill, in the Southland Land District, and thereon coloured red.