744
THE NEW ZEALAND GAZETTE.
[No. 20

may reject any applicant who refuses or fails to answer any
inquiries as to such matters to the satisfaction of the Board,
or who fails to satisfy the Board on any material point.

Board's Decision to be Final.

3. The decision of the Board as to the rejection or preference of any applicant shall be final and conclusive.

Landless Applicants with Families.

4. (1.) The Board may, with the approval of the Minister, on the opening of any land for public selection set apart not more than one-third of such land as allotments in respect of which preference at any ballot shall be given to applicants who are landless within the meaning of Regulation 6, and who belong to any of the following classes:—
   (a.) Married men with children:
   (b.) Widowers with children:
   (c.) Widows with children:
   (d.) Married women with children and judicially separated from their husbands.
   (2.) All such applicants shall rank equally with each other.

Landless Applicants unsuccessful in previous Ballots.

5. The Board may also, with the approval of the Minister, on the opening of any land for public selection set apart certain allotments in respect of which preference at any ballot shall be given to applicants who are landless within the meaning of Regulation 6 and have within the previous two years competed at least twice unsuccessfully at any other land-ballot under any of the above-mentioned Acts.

To Landless Applicants.

6. (1.) In cases where a ballot is required those applicants who are landless shall have preference over those who are not, and the decision of the Board as to which of the applicants are landless shall be final and conclusive.
   (2.) An applicant is landless within the meaning of this regulation if he does not hold under any tenure such area of land, whether Crown land or not, as is, in the opinion of the Board, sufficient for the maintenance of himself and his family.
   (3.) In the case of a husband and wife (except when they are judicially separated), if either of them is not landless, neither of them shall be deemed to be landless.

Successful Applicants debarred for Five Years.

7. Every person who hereafter is successful in any land-ballot under the said Acts, and who makes any disposition of his allotment or any part thereof whether by way of assignment or sublease, shall be disqualified for the period of five years after the date of such disposition from taking part in any other land-ballot under any of the said Acts.

METHOD OF CONDUCTING BALLOT.

Ballot-list to be prepared.

8. A list shall be prepared for each section or allotment (as the case may be) in the following form, on which will be entered the rotation number for the land applied for, and the consecutive number of the application:—

SURVEY DISTRICT.

Ballot-balls.

9. The Commissioner shall provide sufficient balls, all of one size and colour, equal to the total number of applications for the section applied for, and on each of such balls he shall cause to be legibly printed or written one of the rotation numbers aforesaid, but so that no two balls shall bear the same rotation number. The figures on the balls shall have a line drawn horizontally under them to show which is the right side up.

Ballot-box.

10. At the time fixed for the ballot the Commissioner of Crown Lands, or officer appointed by him, shall read over each name on the list aforesaid with its rotation number, and, as each name and number is read over, the ball bearing the corresponding rotation number shall be deposited in the ballot-box.

Scrutineer.

11. The applicants or their authorised representatives present at the ballot shall be entitled to select one person in the room to act as scrutineer on their behalf.

Ball to be drawn.

12. The ballot-box shall then be securely closed and thoroughly shaken up and turned, and the drawing shall then take place in the presence of the Commissioner of Crown Lands, or the officer appointed by him to superintend such drawing, and the person whose rotation number appears on the ball first drawn from the ballot-box shall be declared by the Commissioner or other officer to be the successful applicant.

Second Number may be drawn.

13. If the Commissioner thinks fit he may draw a second ball from the ballot-box, and the applicant whose rotation number appears thereon shall be declared the successful applicant in all cases where the applicant whose rotation number is first drawn is ineligible or disqualified from selecting or holding the section balloted for, and such disqualification is announced by the Commissioner or Land Board within a space of thirty days from the date of ballot.

Successful Applicant to pay Deposit.

14. Immediately upon the successful applicant being declared he shall pay to the Receiver of Land Revenue the deposit, purchase-money, rent, or other moneys required by law in respect of the land applied for, should such moneys not have already been deposited.

Deposit to be paid.

15. Should such applicant or his representative not make the said payments as required by law, then a fresh ballot in the manner before provided shall be taken between the other applicants without delay, unless a second number has already been drawn as provided in Regulation 13, in which case the applicant whose rotation number it is shall be declared the successful applicant and called upon to pay the necessary deposit, &c. Or, should there be only one remaining applicant, he shall be declared successful, subject to the said payments being made as aforesaid.

Certificate on Ballot-list.

16. Immediately after the ballot the Commissioner of Crown Lands, or officer superintending the ballot, and the scrutineer (if any) shall certify on each ballot-list that the ballot has been conducted in accordance with these regulations.

ALEX. WILLIS,
Clerk of the Executive Council.

Regulations regarding the Purchase of the Fee-simple of a Lease in Perpetuity under “The Land Act, 1908.”

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this ninth day of March, 1909.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section one hundred and seventy-seven of “The Land Act, 1908” (hereinafter referred to as “the said Act”), it is enacted that, except in the case of land that is subject to the provisions of “The Land for Settlements Act, 1908,” every owner of a lease in perpetuity shall have a right at any time thereafter during the existence of the lease to purchase the fee-simple of the land comprised in the lease at the price and subject to the provisions in the said section mentioned, and that the Governor may, by Order in Council gazetted, make such regulations as he considers necessary for carrying into effect the provisions of the said section:

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 revoke the regulations dated the nineteenth day of December, one thousand nine hundred and seven, prescribing the manner in which an owner of a lease in perpetuity shall apply to purchase the fee-simple of his lease, and in lieu thereof 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.