New Zealand Gazette – 1909 – No. 23

Page 836

✨ Land Settlement Regulations



  1. No person shall be capable of applying for or holding any allotment in
    any of the following cases, that is to say :—
    (1.) If at the date of his application he is directly or indirectly the owner,
    tenant, or occupier of any land whatsoever under “ The Land for
    Settlements Act, 1908,” or any former Land for Settlements Act,
    or the owner in fee-simple, or the tenant or occupier under any
    tenure for a term of more than one year’s duration, of any other
    land in New Zealand which, with the allotment applied for, would
    exceed a total area of 5,000 acres, computed as provided in sec-
    tion 97 of “The Land Act, 1908.”
    (2.) If at such date he is the owner of real or personal property the total
    value whereof, after deducting the incumbrances thereon, exceeds
    the following proportion of the capital value (exclusive of buildings)
    of the allotment applied for, that is to say :—
    (a.) Three times such capital value where the area of such allot-
    ment does not exceed 100 acres;
    (b.) Twice such capital value where such area exceeds 100 and
    does not exceed 500 acres.
    (c.) One and a half times such value where such area exceeds 500
    acres :
    Provided that the Land Board may, with the consent of the
    Minister, accept an application for an allotment from a person who
    is the owner of real or personal property the total value whereof
    exceeds the aforesaid limitations. For the purpose of giving effect
    to this proviso, clause 5 of the declaration contained in the First
    Schedule to these regulations may be varied accordingly.
  2. Allotments will be disposed of to the applicants therefor in accordance
    with the regulations for a system of ballot under “The Land Act, 1908,” and
    the said Act published in the New Zealand Gazette from time to time.
  3. Every applicant who obtains an allotment under these regulations shall,
    from the date of the lease, reside continuously thereon.
  4. It shall not be lawful for a lessee of rural land under the said Act to
    transfer the land comprised in the lease within the period of five years from the
    date of such lease : Provided that, on the death of a lessee or on the happening
    of any extraordinary event which in the opinion of the Land Board of the dis-
    trict in which the land is situated renders a transfer necessary or expedient, a
    transfer of the lease may, with the sanction of the Land Board and the Minister,
    be made.
  5. The lessee shall put on the land comprised in his lease substantial im-
    provements as under, that is to say :—
    (1.) Within one year from the date of his lease, to a value equal to 10 per
    cent. of the aforesaid capital value of the land ;
    (2.) Within two years from the date of his lease, to a value equal to another
    10 per cent. of the aforesaid capital value of the land;
    (3.) And thereafter, but within six years from the date of the lease, to a
    value equal to another 10 per cent. of the aforesaid capital value of
    the land ;
    and in addition thereto he shall, within six years from the date of his lease, put
    on the land substantial improvements of a permanent character within the mean-
    ing of section 2 of “The Land Act, 1908,” to the value of £1 an acre for every
    acre of agricultural land (first class), 10s. an acre for every acre of mixed agri-
    cultural and pastoral land (second class), and 2s. 6d. an acre for every acre of
    third-class land. For the purposes of this clause the Land Board shall deter-
    mine and specify in the lease what proportion of the land comprised therein is
    agricultural, what proportion is mixed agricultural and pastoral land, and what
    proportion is third-class land.
  6. For the purpose of determining whether the lessee has put upon the land
    substantial improvements to the value and within the time prescribed by these
    regulations (but for no other purpose), there shall be included the value of all
    substantial improvements existing on the land at the date of the lease, which
    improvements shall be deemed to be improvements required by regulation 13,
    and also all capital sums paid by the lessee in respect of the value of buildings
    under regulation 23, nevertheless to the extent only of the actual value of such
    of the said improvements and buildings as are subsisting at the time when their
    value is included as aforesaid.
  7. The lessee shall, within two years from the date of his lease, have the
    land fenced with a ring fence, and such fence shall be a sufficient fence within
    the meaning of “The Fencing Act, 1908.”
  8. The lessee shall once a year throughout the term of his lease, and at the
    proper season of the year, properly cut and trim all live fences on the land at
    the date of the lease, or subsequently planted thereon, and stub all gorse not
    growing as fences, and also stub all broom, sweetbriar, and other noxious plants.
  9. The lessee shall not take more than three crops, one of which must be
    a root-crop, from the same land in succession; and either with or immediately
    after a third crop of any kind he shall sow the land down with good permanent
    cultivated grasses and clovers, and allow the land to remain as pasture for at
    least three years from the harvesting of the last crop before being again cropped.
  10. The lessee shall at all times during the term of the lease so farm the land,
    if the area of the whole exceeds 20 acres, as that not less than one-half of the
    total area shall be maintained in permanent pasture.
  11. The lessee shall not cut the cultivated grass or clovers for hay or seed
    during the first year from the time of sowing as aforesaid, nor shall he at any
    time remove from the land or burn any straw grown upon the land.
  12. The lessee shall, whenever necessary, but not less than once a year during
    the term of his lease, properly clean and clear from weeds, and shall at all times
    during the said term keep open, all creeks, drains, ditches, and watercourses upon
    the land, and the Commissioner of Crown Lands (hereinafter called “the Com-
    missioner”) or any Crown Lands Ranger of the land district shall have the power
    at any time to enter upon and make through the land any drain that he deems
    necessary, without payment of any compensation to the lessee.
  13. In the event of the lessee at any time failing to comply with any of the
    conditions hereinbefore mentioned relating to the trimming of live fences and


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VUW Te Waharoa — PDF NZ Gazette 1909, No 23




✨ LLM interpretation of page content

🗺️ New Regulations for Land Disposal under Land for Settlements Act, 1908 (continued from previous page)

🗺️ Lands, Settlement & Survey
Land for Settlements Act, 1908, Regulations, Renewable lease, Rural land, Rental, Application, Deposit