Land Purchase Regulations




SEPT. 24.] THE NEW ZEALAND GAZETTE. 3619

  1. The applicant shall lodge with the application a plan showing the position and the approximate area and boundaries of the land so proposed to be purchased.

  2. If the Land Board consents to such purchase the lessee shall within three calendar months after such consent deliver to the Commissioner of Crown Lands a notice of his desire to purchase the land in the form No. 7 in the Schedule hereto.

  3. Every such notice shall be accompanied by a statutory declaration made by the lessee in the form No. 8 in the Schedule hereto.

  4. Every such notice shall be accompanied by a plan of a survey of the land proposed to be purchased, made and certified by a licensed surveyor at the cost of the lessee.

  5. Every such notice shall, on the delivery thereof at the office of the Commissioner of Crown Lands, be stamped with the date of such delivery.

  6. On the receipt of such notice the Commissioner of Crown Lands shall thereupon make application to the Valuer-General to determine, in accordance with section 59 of the said Act, as modified by these regulations, the price of the land included in the plan.

  7. For the purpose of such determination the provisions of section 59 of the said Act are hereby, under the authority of section 61 of the Land Laws Amendment Act, 1913, modified in manner following :—

(a.) Every reference in section 59 of the said Act to the capital value of the land comprised in the lease shall be construed as a reference to the capital value of that part of the land comprised in the lease which is included in the said plan.

(b.) Every reference in section 59 of the said Act to improvements shall be construed as a reference to improvements effected on the land included in the said plan.

(c.) Every reference in section 59 of the said Act to the original capital value of the land included in the lease shall be construed as a reference to the original capital value of the land included in the said plan, computed in manner hereinafter provided.

(d.) For the purpose of determining the original capital value of the land included in the said plan the Valuer-General shall apportion the original capital value of the whole of the land included in the lease, as defined by section 59 of the said Act, between the land included in the said plan and the residue of the land included in the said lease in proportion to the relative values of those several areas at the date of the delivery of the notice to purchase. The sum so apportioned to the land included in the said plan shall be deemed to be the original capital value thereof for the purpose of determining the price thereof.

  1. The Valuer-General shall thereupon certify to the Commissioner of Crown Lands the price so determined by him, and the Commissioner shall thereupon, in the form No. 9 or in the form No. 10 in the Schedule hereto, deliver to the lessee a notice acknowledging the receipt of the notice and setting out the terms upon which the purchase is to be completed.

  2. Every license to occupy issued in pursuance of any such notice to purchase on deferred payment shall be under the hand of the Commissioner of Crown Lands, and shall be in the form No. 11 in the Schedule hereto.

  3. Every such license shall be registered under the Land Transfer Act, 1908, in manner provided by section 90 of the Land Act, 1908.

  4. Upon completion of a purchase for cash, or on the payment of the deposit payable in respect of a purchase on deferred payments, the lessee shall deliver his lease to the Commissioner of Crown Lands.

  5. The annual rental payable by the lessee under his renewable lease for the land not included in his purchase shall, as from the date of the delivery of the notice to purchase, be reduced to a sum equal to 4½ per cent. of the original capital value of the whole land originally included in the lease after deducting therefrom the original capital value, calculated in accordance with these regulations, of the land purchased by the lessee.

  6. On completion of a purchase for cash, or on the payment of the deposit payable in respect of a purchase on deferred payments, the Commissioner of Crown Lands shall deliver to the District Land Registrar, together with the lease, a certificate under his hand in the form No. 12 in the Schedule hereto, indicating the reduced area and rental of the lease.

  7. The District Land Registrar shall thereupon enter upon the register and upon every instrument of title a memorial of the reduced area and rental, in accordance with the said certificate of the Commissioner of Crown Lands.

C

SCHEDULE.
Form No. 1.

NOTICE OF INTENTION TO PURCHASE THE FEE-SIMPLE OF LAND COMPRISED IN RENEWABLE LEASE OF SETTLEMENT LAND.

(Under Part IV of the Land Laws Amendment Act, 1912.)
I, [Name in full, address, and occupation], being the owner of lease No. , under the renewable-lease tenure, of Section , Block , Survey District, Settlement, comprising acres roods perches, do hereby give notice, in pursuance of the above-mentioned Act, of my intention to purchase the fee-simple of the land comprised in the said lease, and I do hereby elect to purchase for cash [or on deferred payments].

I enclose herewith a statutory declaration that I am not debarred from exercising my right of purchase by reason of the provisions of section 60 of the Land Laws Amendment Act, 1912.

Dated at , this day of , 19 .
[Signature of Lessee.]

Form No. 2.

DECLARATION BY OWNER OF RENEWABLE LEASE OF SETTLEMENT LAND ON NOTIFYING INTENTION TO PURCHASE THE FEE-SIMPLE OF THE LAND COMPRISED IN HIS LEASE.

(Under Part IV of the Land Laws Amendment Act, 1912.)
I, [Name in full, address, and occupation], do solemnly and sincerely declare :—

  1. That I am the owner of lease No. , under the renewable-lease tenure, of Section , Block , situated in the Survey District, Settlement, comprising acres roods perches.

  2. That, in pursuance of the provisions of Part IV of the Land Laws Amendment Act, 1912, I have given notice, dated the day of , 19 , to the Commissioner of Crown Lands for the Land District, of my intention to purchase the fee-simple of the land comprised in the said lease.

  3. That the said land, together with all other land owned, held, or occupied by me under any tenure, whether severally or jointly with any other person, does not exceed a total of 3,000 acres, 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 believing the same to be true, and by virtue of the Justices of the Peace Act, 1908. ]

Declared at , this day of , 19 , before me.

A.B.,
Justice of the Peace [or Solicitor of the Supreme Court, or Notary Public].

Form No. 3.

NOTICE BY COMMISSIONER OF CROWN LANDS OF RECEIPT OF NOTICE BY LESSEE OF INTENTION TO PURCHASE FOR CASH THE FEE-SIMPLE OF THE LAND COMPRISED IN A RENEWABLE LEASE OF SETTLEMENT LAND.

(Under Part IV of the Land Laws Amendment Act, 1912.)
Section , Block , Survey District, Settlement : Acres Roods Perches.

I HAVE to acknowledge receipt of your notice of intention to purchase for cash the fee-simple of the above-mentioned land, received by me on the day of , 19 .

I have to give you notice that the price of the land, as determined in accordance with section 59 of the Land Laws Amendment Act, 1912, is £ .

The freehold title will issue on payment of the undermentioned amounts to the Receiver of Land Revenue not later than the day of , 19 [Three months after receipt of notice to purchase].

Crown grant fee .. .. .. £ .
Price.. .. .. .. £ .
Rent due up to the day of 19 [Date of receipt of notice to purchase] £ .

To this amount must be added interest on the price at the rate of 5 per cent. per annum from the day of , 19 [Date of receipt of notice to purchase], to the date of payment of the price—namely, per day.

Your renewable lease must be delivered up to the Commissioner before the issue of the freehold title.

If the above amount is not paid on or before the day of , 19 [Three months after receipt of notice to purchase], the contract of purchase may be cancelled by



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1914, No 103


NZLII PDF NZ Gazette 1914, No 103





✨ LLM interpretation of page content

🗺️ Regulations regarding the Purchase of the Fee-simple of the Land comprised in Renewable Leases of Settlement Land under Part IV of the Land Laws Amendment Act, 1912 (continued from previous page)

🗺️ Lands, Settlement & Survey
21 September 1914
Land Laws Amendment Act, Fee-simple Purchase, Renewable Leases, Settlement Land