Land Regulations and Arbitration




Mär. 11.] THE NEW ZEALAND GAZETTE 745
REGULATIONS.

  1. Every notice of intention to purchase the fee-simple
    of the land comprised in a lease in perpetuity shall be in the
    form set forth in the First Schedule hereto, and shall be
    made and signed by the lessee, and forwarded to or deposited
    with the Commissioner of Crown Lands for the land district
    in which the land referred to in the notice is situated.
  2. Such notice shall be accompanied by a declaration in
    the form set forth in the Second Schedule hereto, duly made
    and signed by the lessee.
  3. Such notice shall also be accompanied by a fee of five
    pounds five shillings as part-payment of the costs and
    expenses incidental to the exercise of the right of purchase.
  4. Should the lessee not purchase the fee-simple of the
    said land after the valuation thereof has been made and
    within the prescribed period, all fees paid by him shall be
    forfeited to the Crown, and he shall pay all additional ex-
    penses incurred by the Commissioner, or his officers or
    agents, in connection with such application to purchase the
    fee-simple.
  5. Should the expenses of the valuation not amount to the
    sum deposited by the lessee he shall be entitled to a refund
    of such difference, and if the expenses of valuation exceed the
    amount deposited the lessee, on being notified thereof, shall
    pay the excess to the Commissioner.
    FIRST SCHEDULE.
    NOTICE OF INTENTION TO PURCHASE FEE-SIMPLE OF LEASE
    IN PERPETUITY.
    To the Commissioner of Crown Lands,
    I, [Name in full], of [Address], [Occupation], hereby give
    notice of my intention, under section 177 of "The Land
    Act, 1908," to purchase the fee-simple of Section
    Block , Survey District, containing
    acres roods perches, held by me under lease
    in perpetuity, and I undertake to pay the purchase-money
    of the said land within one year from the date hereof.
    I attach a declaration that I do not own more than the
    area of land prescribed by section 97 of the above Act, and
    also enclose a fee of £5 5s. towards payment of costs in-
    cidental to the purchase.
    (Signature of lessee.)
    Notice received by me on the day of , 19
    , Commissioner of Crown Lands.
    Fee of £5 5s. received.
    , Receiver of Land Revenue.
    Remarks.
    Name of appraiser appointed by Land Board:
    Date of valuation made by appraiser:
    Amount of valuation of fee-simple: £
    Copy of valuation delivered to lessee on
    Notice received from lessee that he (accepts)
    refuses valuation:
    (If lessee refuses such valuation, arbitration to be made
    as prescribed by section 187 of above Act.)
    Amount of valuation as finally fixed: £
    Date of payment of purchase-money by lessee:
    Costs incidental to above Purchase.
    £ s. d.
    Expenses of appraisalment ..
    arbitration (if any) ...
    Departmental expenses ..
    Miscellaneous ..
    Total ..
    SECOND SCHEDULE.
    DECLARATION ON APPLYING FOR THE PURCHASE OF THE
    FEE-SIMPLE OF A LEASE IN PERPETUITY UNDER SECTION
    177 OF "THE LAND ACT, 1908."
    I, A. B., of , do solemnly and sincerely declare,--
  6. That I am, subject to the provisions of "The Land Act,
    1908," applying for the purchase of the fee-simple of Section
    , Block , Survey District, solely for
    my own use and benefit, and not directly or indirectly for the
    use or benefit of any other person or persons whomsoever.
  7. That, including the land to which this application
    relates, I am not the owner, holder, or occupier under any
    tenure of more than one year's duration, either severally or
    jointly or in common with any other person, of any land any-
    where in New Zealand exceeding in the whole 5,000 acres
    of land, computed as follows:--
    (a.) Every acre of first-class land is reckoned as 7½ acres;
    (b.) Every acre of second-class land is reckoned as
    2½ acres;
    (c.) Every acre of third-class land is reckoned as 1 acre.
    And I make this solemn declaration conscientiously be-
    lieving 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
    Arbitration Regulations 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 eighty-seven of
    "The Land Act, 1908" (hereinafter referred to as "the
    said Act"), it is enacted that the Governor may, by Order in
    Council, determine by regulations the powers and duties of
    arbitrators, their mode of appointment, the procedure to be
    observed in any arbitration relative to a renewable lease
    under the said Act, and the payment of the costs thereof:
    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 Coun-
    cil of the said Dominion, doth hereby revoke the regulations
    dated the twenty-third day of March, one thousand nine
    hundred and eight, and published in the New Zealand
    Gazette of the second day of April, one thousand nine
    hundred and eight, made under section twelve of "The
    Land Laws Amendment Act, 1907," and doth hereby make
    the following regulations for the purposes of the said Act, and
    declare that such regulations shall come into force on the
    day of the publication thereof in the New Zealand Gazette:--
    REGULATIONS.
  8. In these regulations, if not inconsistent with the con-
    text,--
    "Commissioner" means the Commissioner of Crown
    Lands for the land district in which is situated the
    land required to be valued by the arbitrators, or
    officer acting for him:
    "Lessee" means the lessee of the land the subject of
    arbitration:
    "The said Act" means "The Land Act, 1908."
  9. When the lessee desires that the land leased by him, or
    the improvements thereon, or the amount of rental, shall be
    valued by arbitration under the said Act, he shall give
    written notice thereof to the Commissioner, upon receipt of
    which the Commissioner shall, by writing, require the lessee
    to appoint an arbitrator.
  10. Within two months from the date of such notice the
    Commissioner and lessee shall mutually notify each other
    of the appointment of an arbitrator in the form given in
    Schedule A hereto.
  11. Each such notification of an appointment shall be
    accompanied by a declaration duly made and signed by the
    arbitrator named in such notification, in the form given in
    Schedule B hereto.
  12. A fee of £10 10s. must accompany the notification
    given by the lessee to the Commissioner, such fee to form
    part of the payment of expenses of the arbitrator appointed
    by the Commissioner and the third arbitrator appointed as
    provided in section 187 of the said Act.
  13. If the lessee fails to appoint an arbitrator within two
    months after being required so to do by notice in writing
    from the Commissioner, the lessee shall lose his right of
    having the matter valued by arbitration, and shall be bound
    by the valuation already made.
  14. Within one month from the date of appointment of
    both arbitrators they shall meet and mutually appoint a
    third arbitrator, and notify the Commissioner of such
    appointment in the form given in Schedule C.
  15. In the event of both arbitrators failing to agree as to
    such appointment, the third arbitrator shall be appointed by
    a Judge of the Supreme Court on the application of the
    Commissioner or of the lessee.
  16. The third arbitrator shall also make the declaration in
    the form given in Schedule B hereto.


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1909, No 20





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🗺️ Regulations for Purchase of Fee-Simple of Lease in Perpetuity

🗺️ Lands, Settlement & Survey
9 March 1909
Leasehold, Fee-simple purchase, Land Act 1908, Crown Lands, Application process, Fees, Forfeiture
  • Commissioner of Crown Lands
  • Receiver of Land Revenue
  • A. B.
  • Justice of the Peace for New Zealand
  • ALEX. WILLIS, Clerk of the Executive Council

🗺️ Arbitration Regulations under The Land Act, 1908

🗺️ Lands, Settlement & Survey
9 March 1909
Land Act 1908, Arbitration, Lease valuation, Arbitrators, Regulations, Order in Council
  • PLUNKET, Governor
  • His Excellency The Governor
  • Commissioner of Crown Lands
  • Lessee
  • Judge of the Supreme Court