New Zealand Gazette – 1915 – No. 93

Page 2704

✨ Mining Regulations

2704 THE NEW ZEALAND GAZETTE. [No. 93

form numbered 26 in the First Schedule hereto, and
with respect thereto the following provisions shall
apply :—
(1.) The application need not be publicly noti-
fied by advertisement.
(2.) Subject as last aforesaid, the application
shall be made and disposed of under
Regulation 33.
(3.) The certificate of easement may be in the
form numbered 47 in the First Schedule
hereto.
(4.) The certificate of easement shall be deemed
to be appurtenant to the mining privi-
lege for facilitating whose mining opera-
tions the certificate is granted, and ac-
cordingly the certificate shall not be
transferable apart from such privilege,
and upon the expiry or other determina-
tion of the term of such privilege the
certificate shall, ipso facto, become void.
(5.) The Warden may, by certificate of easement,
grant to any person, being the holder of a
claim, the right to connect with and use
any shaft, tunnel, or drive on any other
person’s mining privilege :
Provided that if such shaft, tunnel, or
drive existed on such mining privilege
when it was taken up no compensation
shall be payable by the grantee for or on
account of the cost of construction.

REGISTRATION OF MINING PRIVILEGES AND OF
INSTRUMENTS AFFECTING THE SAME.

Register, and Registration Office.

(1.) The register shall be in the form numbered
48 in the First Schedule hereto.
(2.) The register may be divided into parts as
follows :—Part I: Claims. Part II: Water-rights.
Part III: Business-site licenses. Part IV: Resi-
dence-site licenses. Part V: Special-site licenses.
Part VI: Mineral licenses. Part VII: Mis cel-
laneous. And registrations may be effected accord-
ingly, nevertheless without affecting the numerical
sequence of the instruments registered.
Every register existing at the time of the
coming into operation of the Mining Act shall so
continue, and in every case where, in any new regis-
ter opened under the Mining Act, any registration
relates to any mining privilege, or interest therein,
al ready registered in such existing register, the
Registrar shall, by note on the allotted folium of
the new register, give such reference to the registra-
tion in the said existing register as will afford reason-
able facilities for search.
(1.) The office of registration of a mining
privilege granted under the Mining Act shall be the
office of the Registrar to whom the same is trans-
mitted by the Warden for registration and issue, as
provided by section 173 of the Mining Act.
(2.) The office of the Registrar shall in every case
be the office of the Warden’s Court.
(3.) In the case of mining privileges granted by
the Warden prior to the coming into operation of
the Mining Act, but not then registered, the office of
registration shall be the office of the Registrar at the
Courthouse where the same was granted.
(4.) The office of registration of every ordinary
claim held otherwise than under license shall be the
office fixed by the Warden for the registration of
such claims in the locality in which the claim is
situate.
(5.) The office of registration of every transfer or
other instrument affecting any mining privilege shall
be the office where the mining privilege itself is
registered.
The registration of an instrument shall not
be deemed to be invalid by reason merely of being
effected in the wrong office, unless the Warden is
satisfied that it has resulted in deceiving any person
and thereby actually prejudicing his rights.

Mode of Registration of Instruments.

In the case of each register all instruments
shall be registered in the order in which they are
deposited with the Registrar for registration, and
shall be numbered consecutively in the register, com-
encing with the number 1.
For the purpose of the last preceding clause
hereof, an application under clauses 77 or 78 of these
regulations shall be deemed to be an instrument.
In every case the instrument registered, or a
duplicate original or certified copy thereof, shall be
retained and filed as a record by the Registrar, and
for that purpose the instrument deposited for regis-
tration. shall be accompanied by such duplicate
original or certified copy.
(1.) The registration of an instrument shall be
effected by entering in the register on an allotted
folium thereof the particulars specified in the afore-
said form numbered 48, or such of them as are appli-
cable, and also by indorsing on the instrument and
on the filed duplicate or copy a memorial under the
hand of the Registrar setting forth the registered
number of the instrument, the office of registration,
and the precise time of registration (being the date
and hour at which the instrument was deposited
with the Registrar for registration).
(2.) Such memorial shall, without proof of the
Registrar’s signature, be received in all Courts as
evidence that such instrument has been duly regis-
tered.
If the instrument deposited for registration
is a transfer of a mining privilege, or of any interest
therein, then in the former case the license (if any),
and in the latter case the document of title to such
interest, shall be produced to the Registrar, who
when registering such instrument shall, provided all
arrears of rent have been paid, indorse on such
license or document a memorial under his hand
setting forth the registered number of such instru-
ment, its nature (e.g., “ Transfer by way of sale,”
“ Mortgage,” or as the case may be), the office of
registration, the names of the parties, and the pre-
cise time of registration.