✨ Land Act Declarations and Regulations
Mar. 4.] THE NEW ZEALAND GAZETTE. 651
- That I am legally qualified to acquire the land applied for, as,—
(a.) I am not already the holder of any such lease in any part of New Zealand, nor have I any interest in any such run.
(b.) I am not the holder of any run under Part VI of “The Land Act, 1908,” nor have I any interest in any such run.
(c.) I do not own any freehold land, or land held by lease or license of any kind whatever, anywhere in New Zealand, either by myself or jointly with any other person, which, exclusive of the land I am now purchasing the lease of, will exceed in area 1,000 acres.
[Or, 4. That I am the holder of a lease of Run No. , District, containing acres, (or have an interest in a lease of Run No. , District), (or that I am the holder of or possess an interest in a run under Part VI of “The Land Act, 1908”), (or that I am the owner by myself [or jointly with other persons] of land which exceeds in area 1,000 acres), but have applied for the recommendation of the Land Board and the approval of the Minister of Lands to enable me to acquire the land now applied for.] - That my answers to the questions contained in the accompanying application are true and correct in every particular.
And I make this solemn declaration conscientiously believing the same to be true, and by virtue of “The Justices of the Peace, 1908.”
A. B.
Declared at , this day of , 19
before me— , a Justice of the Peace for New Zealand
SCHEDULE E.
DECLARATION TO BE MADE ON TAKING A PASTURAGE LICENSE UNDER PART VI OF “THE LAND ACT, 1908.”
I, A. B., of , do solemnly and sincerely declare,—
- That I am, subject to the provisions of “The Land Act, 1908,” desirous of becoming the purchaser [or transferee] of a lease or license of the pastoral lands described in the accompanying application.
- That I am acquiring the lease or license of such land solely for my own use and benefit, and not directly or indirectly for the use or benefit of any other person or persons whomsoever.
- That I am not the holder of any lease or license under Part VI of “The Land Act, 1908,” in any part of New Zealand, nor have I any interest in any such lease or license.
[Or, 3. That I am the holder of a lease or license under Part VI of “The Land Act, 1908,” but have applied, under section 231 of “The Land Act, 1908,” for the recommendation of the Land Board and approval of the Minister of Lands to enable me to become the holder of a lease or license of the pastoral lands for which I am now applying.] - That my answers to the questions contained in the accompanying application are true and correct in every particular.
And I make this solemn declaration conscientiously believing the same to be true, and by virtue of “The Justices of the Peace Act, 1908.”
A. B.
Declared at , this day of , 19 ,
before me— , a Justice of the Peace for New Zealand.
ALEX. WILLIS,
Clerk of the Executive Council.
Regulations under “The South Island Landless Natives Act, 1906.”
PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this twenty-fourth day of February, 1909.
Present :
THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G.,
PRESIDING IN COUNCIL.
WHEREAS by section twelve of “The South Island Landless Natives Act, 1906” (hereinafter referred to as “the said Act”), it is enacted that the Governor may, by Order in Council gazetted, make regulations for any purpose deemed expedient or necessary in connection with carrying out any of the provisions of the said Act :
Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the power and authority conferred by the said Act, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the following regulations for the purposes of the said Act, and doth hereby declare that such regulations shall come into force on the day of the publication thereof in the New Zealand Gazette :—
REGULATIONS.
- In these regulations, if not inconsistent with the context,—
“Commissioner” means the Commissioner of Crown Lands for the land district in which is situated the land to be leased under these regulations, or officer acting for him :
“Lessee” means the lessee of the allotment or allotments leased under these regulations :
“Receiver” means the Receiver of Land Revenue for the land district in which is situated the land leased under these regulations, or officer acting for him.
“The said Act” means “The South Island Landless Natives Act, 1906.”
Leasing by Governor direct.
- Every owner of an allotment who desires the Governor to lease his land under the provisions of section eleven of the said Act shall forward a written authority to the Governor to do so in the form given in Schedule No. 1 hereto, accompanied by a fee of three guineas (£3 3s.) as part-payment of the expenses of leasing the land, and shall sign an undertaking to defray all further expenses should they exceed the amount deposited.
- The owner shall, also, at the same time, fix an upset rental per annum at which his allotment is to be offered for lease ; and may from time to time, so long as it is open for application, at intervals of not less than three months, reduce or increase the said upset rental by forwarding a written request to the Commissioner to do so, provided that with each such request he shall deposit a further sum of three guineas (£3 3s.) towards the cost of readvertising and re-offering the said land.
- When the upset rental is altered as aforesaid, the Commissioner shall forthwith withdraw the land from application, and reoffer it for lease by auction at the first convenient opportunity in the same manner as it was originally offered.
- In case the owner does not desire to fix an upset rental on his allotment as aforesaid, the Commissioner may do so at the written request of such owner, and if the land is not leased within a period of three months from the date when it was first offered for lease by auction at such rental, the Commissioner may at any time thereafter reduce the said upset rental and withdraw the land from application, re-offering it at such reduced rental as he shall think fit, and in such case the expenses of readvertising and reoffering the land for lease shall be deducted from the rentals received when the land is disposed of.
- When offering allotments for lease under these regulations the Commissioner shall have power to offer them separately or grouped together in such manner as he shall think fit.
- The allotments shall be advertised for lease by auction by the Commissioner in a similar manner to that set forth in sections 67 to 71 inclusive of “The Land Act, 1908,” in so far as such procedure is not inconsistent with these regulations : Provided that it shall be the Commissioner, and not the Land Board, who shall deal with the lands.
- Such allotments, if not disposed of by auction, shall thereupon remain open for lease, and may be applied for in a similar manner to Crown rural lands opened under Part III of “The Land Act, 1908,” subject to the following conditions :—
(a.) The applicant shall not be required to make any declaration as to the area or value of land held by him :
(b.) The Commissioner, and not the Land Board, shall deal with and approve all applications for lease :
(c.) The Commissioner may grant such preference as he thinks fit to applicants who are married and have children dependent upon them, or who are widows or widowers with children dependent upon them, but not otherwise :
(d.) The Commissioner’s decision as to who is entitled to the lease of any allotment shall be final and conclusive.
Leasing by Petition.
- In lieu of leasing any allotment as aforesaid, it shall be lawful for any owner to make a private contract to lease his land in the following manner, that is to say : Any owner may, by petition to the Governor, request him to lease his allotment to such person, at such rent, and upon such terms and conditions as shall be set forth in the said petition.
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🪶 Regulations under The South Island Landless Natives Act, 1906
🪶 Māori Affairs24 February 1909
South Island Landless Natives Act 1906, Regulations, Order in Council, Land lease, Commissioner of Crown Lands
- Plunket, Governor
- The Right Honourable Sir J. G. Ward, K.C.M.G., Presiding in Council
- Alex. Willis, Clerk of the Executive Council
NZ Gazette 1909, No 18