Land Purchase Regulations




Oct. 15.] THE NEW ZEALAND GAZETTE. 3775

  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 licensee 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 licensee 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 licensee.

  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 28 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 28 of the said Act are hereby under the authority of Part II of the Land Laws Amendment Act, 1912, as amended by section 40 of the said Act, modified in the manner following:—

(a.) Every reference in section 28 of the said Act to the capital value of the land comprised in the license shall be construed as a reference to the capital value of that part of the land comprised in the license which is included in the said plan.

(b.) Every reference in section 28 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 28 of the said Act to the original capital value of the land included in the license 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 license, as defined by section 28 of the said Act, between the land included in the said plan and the residue of the land included in the said license, 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 licensee 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 licensee shall deliver his license to the Commissioner of Crown Lands.

  5. The annual rental payable by the licensee under his license to occupy pastoral lands within the Hauraki Mining District for the land not included in his purchase, shall, as from the date of the delivery of the notice to purchase, be abated so as to bear the same proportion to that rental as the original capital value of the land not purchased by the licensee (as apportioned under paragraph (d) of Regulation 13 hereof) bears to the original capital value of the whole of the land included in the license.

  6. On the completion of a purchase for cash, or on the payment of the deposit payable in respect of a purchase on deferred payments, if the original license is registered under the Land Transfer Act, 1908, the Commissioner of Crown Lands shall deliver to the District Land Registrar, together with the license, a certificate under his hand, in the form No. 12 in the Schedule hereto, indicating the reduced area and rental of the license.

  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.

  8. If the original license is not registered under the Land Transfer Act, 1908, the Commissioner of Crown Lands shall note on that license the reduced area and rental of the land not purchased by the licensee.

SCHEDULE.

Form No. 1.

NOTICE OF INTENTION TO PURCHASE THE FEE-SIMPLE OF LANDS COMPRISED IN LICENSE TO OCCUPY PASTORAL LANDS WITHIN THE HAURAKI MINING DISTRICT.

(Under Section 28 of the Land Laws Amendment Act, 1913.)

I, [Name in full, address, and occupation], being the owner of License No. , issued under the regulations for the occupation of pastoral lands within the Hauraki Mining District, of Section , Block , Survey District, comprising acres roods perches, do hereby give notice, in pursuance of the above-mentioned section 28, of my intention to purchase the fee-simple of the land comprised in the said license; 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 97 of the Land Act, 1908.

Dated at this day of , 19 .

[Signature of Licensee.]

Form No. 2.

DECLARATION BY OWNER OF LICENSE TO OCCUPY PASTORAL LANDS WITHIN THE HAURAKI MINING DISTRICT ON NOTIFYING INTENTION TO PURCHASE THE FEE-SIMPLE OF THE LAND COMPRISED IN HIS LICENSE.

(Under Section 28 of the Land Laws Amendment Act, 1913.)

I, [Name in full, address, and occupation], do solemnly and sincerely declare—

  1. That I am the owner of License No. , issued under the regulations for the occupation of pastoral lands within the Hauraki Mining District, of Section , Block , situated in the Survey District, comprising acres roods perches.

  2. That I have complied with all the conditions of such license.

  3. That, in pursuance of the provisions of section 28 of the Land Laws Amendment Act, 1913, 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 license.

  4. 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 5,000 acres, computed as follows:—

(a.) Every acres 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 LICENSEE OF INTENTION TO PURCHASE FOR CASH THE FEE-SIMPLE OF THE LAND COMPRISED IN A LICENSE TO OCCUPY PASTORAL LANDS WITHIN THE HAURAKI MINING DISTRICT.

(Under Section 28 of the Land Laws Amendment Act, 1913.)

Section , Block , Survey District:

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 28 of the Land Laws Amendment Act, 1913, is £ .

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

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



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1914, No 111


NZLII PDF NZ Gazette 1914, No 111





✨ LLM interpretation of page content

🗺️ Regulations for Purchase of Fee-simple of Pastoral Lands in Hauraki Mining District (continued from previous page)

🗺️ Lands, Settlement & Survey
12 October 1914
Land, Purchase, Fee-simple, Pastoral Lands, Hauraki Mining District, Land Laws Amendment Act