MAR. 25.]

THE NEW ZEALAND GAZETTE.

Regulations under “The Land for Settlements Act, 1908.”

PLUNKET, Governor.

WHEREAS by Warrant dated the twenty-sixth day of December, one thousand nine hundred and seven, and published in the Gazette of the ninth day of January, one thousand nine hundred and eight, certain regulations were made by the Governor fixing the terms and conditions for the disposal and occupation of lands acquired under “The Land for Settlements Consolidation Act, 1900,” and its amendments : And whereas “The Land for Settlements Consolidation Act, 1900,” and its amendments, have been consolidated by “The Land for Settlements Act, 1908” (hereinafter called “the said Act”), and it is expedient to revoke the said recited regulations so far as they relate to lands which have not already been offered for selection, and to make others in lieu thereof :

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers and authorities conferred upon him by the said Act, doth hereby revoke the above-recited regulations, and in lieu thereof doth hereby make the regulations set forth in the Schedule hereto ; and doth hereby declare that such revocation and the regulations hereby made shall take effect on the day of the publication thereof in the New Zealand Gazette.

SCHEDULE.

REGULATIONS.

As to Rural (First and Second Class) Lands.

1. In every case where agricultural or mixed agricultural and pastoral lands acquired under “The Land for Settlements Act, 1908,” are to be disposed of by way of renewable lease, in accordance with the provisions of Part III of “The Land Act, 1908,” they shall be disposed of by the Land Board of the district (hereinafter called “the land district”) wherein the lands are situate in the manner and on the terms and conditions hereinafter appearing.

2. Every lease shall be for a term of thirty-three years, to be reckoned from the next 1st day of January or July following the date of the lease, and shall in addition include the period between the date of the lease and such day. The lease shall be dated as on the day whereon the Land Board declares that the applicant has succeeded in obtaining the allotment.

3. Each lease shall contain a perpetual right of renewal for further successive terms of thirty-three years.

4. The land shall be divided into allotments as the Minister of Lands (hereinafter called “the Minister”) determines, and no lease shall comprise more than one allotment; but an allotment may comprise one or more sections of the settlement whereof it forms part; and, subject to the limit of maximum area prescribed by these regulations, the Land Board, with the approval of the Minister, may at any time before the disposal of any allotment alter the area thereof, or divide it into other allotments.

5. (1.) The yearly rental in respect of each allotment shall be an amount equal to 4½ per cent. on the capital value of the land (exclusive of the buildings thereon), computed in manner prescribed by section 45 of the said Act, and shall be payable in equal parts, half-yearly, in advance, to the Receiver of Land Revenue, on the 1st day of January and 1st day of July in each year, the first half-year's rent being due on the 1st day of January or July first following the date of the lease, and being payable out of the hereinafter-mentioned deposit.

(2.) With the first half-yearly payment rent shall also be paid for the period elapsing between the date of the lease and the due date of such half-yearly payment.

6. Every application shall be in the form or to the effect set forth in the First Schedule hereto, and every applicant shall make the declaration therein set forth, or to that effect.

7. Every applicant shall, to the best of his ability, answer the questions set forth in his application, and such other questions relating to his means and ability to work the land and fulfil the conditions of the lease as the Land Board may see fit to ask. Failure to answer any such question to the satisfaction of the Land Board will entail the rejection of the application.

8. (1.) No application will be considered unless it is accompanied by a deposit consisting of an amount equal to the rent for the first half-year of the term of the allotment applied for, together with the sum of one guinea to defray the cost of the lease : Provided that, where more than one allotment is applied for, it shall be sufficient if a deposit is made equal to the half-year’s rent of the allotment whose rent is the highest.

(2.) An applicant may apply for more than one allotment, irrespective of the limitation of area prescribed by “The Land Act, 1908,” but no person shall be allowed to acquire or to hold more than one allotment.

(3.) If there is only one applicant for any allotment, he shall prima facie be entitled to be declared the successful applicant.

(4.) If the applicant is successful in obtaining an allotment, his deposit, or a sufficient portion thereof, shall be retained and applied in payment of the half-year’s rent, or of the half-year's rent and sinking fund, in respect of such allotment, or of the interest only, as the case may be ; the residue, if any, shall be returned to him ; and if the deposit is insufficient, he shall forthwith complete the payment of the first half-year's rent, or rent and sinking fund. There shall not be any right to withdraw any application or right to claim a refund of any deposit : Provided that the Land Board may, in its discretion, on application, permit the refund of any deposit on being satisfied that the application was genuine and made in good faith, and that the grounds for withdrawal are bona fide and not contrary to the spirit of these regulations.

(5.) In cases where two or more applicants apply for the same allotment a ballot shall be taken by the Land Board to decide priority of choice.