✨ Land Regulations and Declarations
26
THE NEW ZEALAND GAZETTE.
[No. 2
by section two hundred and nineteen of the Land Transfer Act, 1915, it is enacted that the Governor may from time to time, by Order in Council gazetted, make regulations for regulating the practice and conduct of business under that 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 Acts, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the following regulation for the purposes of the said Acts; and doth hereby declare that such regulation shall come into force on the day of the publication thereof in the New Zealand Gazette.
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REGULATION.
In any case where the yearly rent payable in respect of a lease or license issued under the Land Act, 1908, and registered under the provisions of the Land Transfer Act, 1915, has, in terms of section 5 of the Land Laws Amendment Act, 1915, been increased the following provisions shall apply:—
(a.) The Commissioner of Crown Lands shall forward to the District Land Registrar a certificate under his hand in the form in the Schedule hereto, setting forth the increased capital value and the increased yearly rent of the land comprised in the lease (or license) as determined under section 5 of the Land Laws Amendment Act, 1915.
(b.) The District Land Registrar shall deposit such certificate in his office, and shall note on the registered instrument of lease or license, and on the duplicate thereof, when forwarded to him for that purpose, a memorandum to the following effect: “Capital value of land comprised in this lease [or license] as per deposited certificate, dated 19 , is increased to £ and the yearly rent is increased to £ .
SCHEDULE.
In the matter of the lease [or license] from His Majesty the King to [Name of lessee or licensee] dated the day of , 19 , and registered as Vol. , folio .
This is to certify that, in accordance with the provisions of section 5 of the Land Laws Amendment Act, 1915, the capital value of the land comprised in above-mentioned lease [or license] is £ , and the yearly rent thereof is £ . Such alteration takes effect from the day of 19 , and shall be deemed to have been in force as from that date.
Dated at this day of , 19 .
…………
Commissioner of Crown Lands.
J. F. ANDREWS,
Clerk of the Executive Council.
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Regulations prescribing Declarations to be made by Applicants for Land under the Land Act, 1908.
LIVERPOOL, Governor.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this fourth day of January, 1916.
Present:
THE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING IN COUNCIL.
WHEREAS by section sixty-two of the Land Act, 1908 (hereinafter referred to as “the said Act”), it is enacted that statutory declarations in such forms as may be prescribed by regulations shall be annexed or appended to applications under Parts III, IV, V, or VI of the said Act, to the effect that the applicant in each case is legally qualified to acquire the land applied for by him:
And whereas by Order in Council dated the twelfth day of April, one thousand nine hundred and fifteen, and published in the Gazette of the twenty-second day of April, one thousand nine hundred and fifteen, certain regulations were made by the Governor prescribing the forms of declarations to be made by applicants for land under the said Act, which said regulations are still in force, and it is expedient to revoke the said regulations and to make others in lieu thereof:
Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the power and authority 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 said regulations, and in lieu thereof doth hereby make the following regulations; and doth hereby declare that such revocation and the regulations hereby made shall take effect on the day of the publication thereof in the New Zealand Gazette.
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REGULATIONS.
- THE declaration to be made by an applicant for land under Parts III, IV, V, or VI of the Land Act, 1908, shall be made in such one of the forms set forth in Schedules A, B, and C hereto, or to the effect thereof, as may be most applicable to the tenure under which the applicant is applying for land.
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SCHEDULE A.
DECLARATION TO BE MADE ON APPLYING FOR LAND FOR CASH, ON OCCUPATION WITH RIGHT OF PURCHASE, OR ON RENEWABLE LEASE UNDER PART III OF THE LAND ACT, 1908.
I, A. B., of , do solemnly and sincerely declare—
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That I am of the age of seventeen years and upwards.
-
That I am, subject to the provisions of the Land Act, 1908, applying for [or desirous of becoming the transferee of] the land described in the accompanying application solely for my own use and benefit, and not directly or indirectly for the use or benefit of any other person or persons whomsoever.
-
That, including the area of the largest allotment now applied for, I am not the owner, holder, or occupier under any tenure of more than one year’s duration, either severally or jointly or in common with any other person or persons, of any land anywhere in New Zealand exceeding in the whole 5,000 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.
- That my answers to the questions accompanying the attached application are true and correct in every particular.
And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Justices of the Peace Act, 1908.
A. B.
Declared at this day of , 191 , before me— , a Justice of the Peace for New Zealand [or Solicitor, or Notary Public].
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SCHEDULE B.
DECLARATION TO BE MADE ON APPLYING FOR A LEASE OF A SMALL GRAZING-RUN UNDER PART V OF THE LAND ACT, 1908.
I, A. B., of , do solemnly and sincerely declare—
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That I am of the age of seventeen years and upwards.
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That I am, subject to the provisions of the Land Act, 1908, applying for [or desirous of becoming the transferee of] a lease of the pastoral lands described in the accompanying application.
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That I am acquiring such lease solely for my own use and benefit, and not directly or indirectly for the use or benefit of any other person or persons whomsoever.
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That I am legally qualified to acquire the land applied for, as—
(a.) I am not already the holder of any such lease in any part of New Zealand, nor have I any interest in any such lease;
(b.) I am not the holder of any run under Part VI of the Land Act, 1908, nor have I any interest in any such run;
(c.) I do not own any freehold land, or land held by lease or license of any kind whatever, anywhere in New Zealand, either by myself or jointly with any other person, which, exclusive of the land I am now purchasing the lease of, will exceed in area 1,000 acres.
[Or 4. That I am the holder of a lease of Run No. , District, containing acres (or have an interest in a lease of Run No. , District), (or that I am the holder of or possess an interest in a run under Part VI of the Land Act, 1908), (or that I am the owner by myself [or jointly with other persons] of land which exceeds in area 1,000 acres), but have applied for the recommendation of the Land Board and the approval of the Minister of Lands to enable me to acquire the land now applied for.]
- That my answers to the questions accompanying the attached application are true and correct in every particular.
And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Justices of the Peace Act, 1908.
A. B.
Declared at this day of , 191 , before me— , a Justice of the Peace for New Zealand [or Solicitor, or Notary Public].
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Regulation under the Land Act, 1908, and the Land Transfer Act, 1915
(continued from previous page)
🗺️ Lands, Settlement & Survey4 January 1916
Land Regulations, Land Transfer, Rent Increase, Certificate
- J. F. Andrews, Clerk of the Executive Council
🗺️ Regulations prescribing Declarations to be made by Applicants for Land under the Land Act, 1908
🗺️ Lands, Settlement & Survey4 January 1916
Land Applications, Declarations, Statutory Forms
- The Right Honourable W. F. Massey, P.C., Presiding in Council
NZ Gazette 1916, No 2