2156

THE NEW ZEALAND GAZETTE.

[No. 69

Regulations under "The Lands Improvement and Native Lands Acquisition Act, 1894."

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this sixteenth day of August, 1909.

Present:

His Excellency The Governor in Council.

WHEREAS by section twenty-five of "The Lands Improvement and Native Lands Acquisition Act, 1894," it is enacted that the Governor may by Order in Council make regulations for carrying out the purposes of the said Act:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers and authorities 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 made under the said Act on the tenth day of December, one thousand nine hundred and six, and in lieu thereof doth hereby make the following regulations:

REGULATIONS.

Formation of land-improvement association.

1. The main object of these regulations is to assist deserving men who are out of employment, or who are otherwise unable to obtain land, and thus become self-supporting. The Commissioner of Crown Lands will in each case select the men who are to form the association; and he may refuse to accept as a member thereof any unsuitable person, or any person who in his opinion has already got sufficient land to keep him, or is otherwise in a position to apply for Crown land in the usual manner.

Constitution.

2. For the purpose of constituting the association, the persons so selected shall sign a memorandum in the form set forth in the First Schedule hereto, and such memorandum, when approved in writing by the Commissioner of Crown Lands, shall be retained by him.

Areas that may be held.

3. The land for each association will be divided into sections of from 10 acres to 200 acres each, as the Commissioner of Crown Lands may determine, and one section, but no more, shall be allotted to each member of the association:

Provided that in any case where the holder of a section has fulfilled the conditions relating thereto to the satisfaction of the Land Board, the Board may in its discretion allot to him one or more sections contiguous thereto, but so, nevertheless, that the total area of all the sections allotted to or held by him shall in no case exceed 200 acres.

Method of allotment of sections.

4. The sections may be allotted to members by ballot, under the supervision of an officer of the Department of Lands or the Commissioner of Crown Lands, or by agreement amongst the members without ballot, but in either case with the approval of the Commissioner of Crown Lands; or the Commissioner of Crown Lands himself may allot the sections without any ballot, and no member shall have any ground of objection by reason of any such allotment.

Transfers.

5. Pending the grant of a lease or license under Part III of "The Land Act, 1908," to the holder of a section, no transfer of such section will be permitted without the sanction of the Land Board in terms of section 84 of the Land Act, and before sanctioning the same the Board must be satisfied that there is a good and substantial reason for the transfer, and that no profit is made out of the transaction by the transferor.

Forfeitures.

6. In the event of any person to whom a section has been allotted throwing up such section, or neglecting or refusing to reside thereon and to improve the same, or to pay rent therefor, or to comply with these regulations to the satisfaction of the Commissioner of Crown Lands, such person shall be deemed to have forfeited his interest, and thereupon the section may be allotted afresh as if it had not been previously allotted, and he shall cease to be a member of the association.

Time of allotment of sections.

7. The sections may be allotted before any bush is felled, or, at the option of the Commissioner of Crown Lands,

guided by the wishes of the members, on the completion of the burn, or of the grass-sowing, or otherwise as may be deemed expedient; but members actually employed on any particular portion of the land to be allotted, or on the road-works in connection therewith, shall have priority of claim for consideration in the allotment of such portions, subject to Regulation 1.

Bushfelling and clearing.

8. (1.) The Commissioner of Crown Lands, guided by the wishes of the members, may from time to time either (a) employ them or any of them in parties to fell bush in blocks, irrespective of sections; or (b) allow individual members to fell the bush on their respective sections, or such portions thereof as he may determine.

(2.) When the sections comprise scrub, fern, open country, or swamp, the Commissioner of Crown Lands may employ the settlers by contract on clearing the scrub and fern, as also on drainage-works and fencing.

Clearings must be contiguous.

9. In cases where the bush is to be felled on separate sections by the holders of those sections, the felling must, so far as the ground permits, be done on contiguous portions of those sections, so that the clearing on one section may join the clearing on the next section, and thus secure a good burn.

Bushfelling contracts.

10. (1.) In case of any land being dealt with as provided for in clause 8 (a) of these regulations, each party shall consist of not less than five nor more than ten members, and a co-operative contract shall be let in the manner usual for such contracts, but so that each member shall not fell more than 50 acres in any one season.

(2.) If it is decided that each member shall fell the bush on his own section, separate contracts shall be let, so that each member shall fell a reasonable quantity of bush on his own section, but not less than 5 acres nor more than 50 acres in any one season.

Chief Surveyor to lay out contracts.

11. The contracts shall in either case be laid out by the Chief Surveyor before the work commences, by marking the trees and running through traverse lines.

Payments for bushfelling and other works.

12. (1.) The rates for felling, according to usual specifications, shall be fixed by the Commissioner of Crown Lands, according to the nature of the bush, the locality, and ruling prices in the district: Provided that the cost per acre shall in no case exceed in bush land £1 10s. an acre for felling and 10s. an acre for grassing.

(2.) In open and fern land payments shall not exceed £2 an acre for clearing, ploughing, grassing, drainage-works, and fencing.

(3.) The expenditure shall not exceed on any one section more than £75 in any one season, and the total expenditure on any one holding must not in any case exceed £150, exclusive of the advance made for the house.

(4.) The Government does not bind itself to provide for continuous work for any person, nor will more than 100 acres of clearing be paid for in any one case.

(5.) Members must find their own tools, tents, and provisions, or, if provided by the Government, the cost shall be repaid out of the moneys payable for work done.

Monthly payments.

13. Payments will be made monthly on the value of the work done as estimated by the Commissioner of Crown Lands, less 10 per cent., which shall be deducted and retained until completion of the work to the satisfaction of the Commissioner of Crown Lands.

Roads.

14. Service roads will be laid out by direction of the Chief Surveyor, and, as far as possible, trees must be felled so as not to cover or cross the roads. Bush on roads is not to be felled until a contract is let for such formation as may be decided upon.

Burning and sowing felled area.

15. The area felled shall be burned in the early part of the year following the felling thereof, and shall be sown with grass-seed at the proper time thereafter. Each member is to burn his own bush without further payment, excepting in case of co-operative contracts under clause 8 (a). The mixture and quality of all grass-seed must be approved by the Commissioner of Crown Lands, and the seed sown to his satisfaction; the Government will advance grass-seed if required.