Regulations under the Discharged Soldiers Settlement Act, 1915




3022
THE NEW ZEALAND GAZETTE.
[No. 112

General.

  1. The following provisions of the statutes mentioned shall, so far as applicable, and except as may be otherwise provided in the said Act or in these regulations, apply to lands disposed of under these regulations, namely:—
    The Land Act, 1908—Sections 63 (1) (a), 66, 82, 84, 86, 88, 90, 92, 93, 94, 99, 101, 102, 107, 108, 110, 111, 112, 113, 114, 115, 116, 125, 127, 145, 146, 147, 148, 149, 150, 151.
    The Land Laws Amendment Act, 1912—Sections 9 and 13.
    The Land Laws Amendment Act, 1913—Sections 7, 11, 19, 20, 29, 30, and 33.
    The Land Laws Amendment Act, 1914—Sections 15, 25, and 29.
    The Land Laws Amendment Act, 1915—Sections 4, 5, 21, and 22.
    The Land Laws Amendment Act, 1917—Section 3.
    The Land for Settlements Act, 1908—Section 57 (except paragraph (d) thereof).
    The Reserves and other Lands Disposal and Public Bodies Empowering Act, 1911—Section 25.

  2. (1.) All titles in fee-simple issued under these regulations in respect of any Crown land shall be subject to the provisions of Part XIII of the Land Act, 1908.
    (2.) All titles in fee-simple issued under these regulations in respect of any land which is or was at any time settlement land shall be subject to section 60 of the Land Laws Amendment Act, 1912.

  3. On the transfer of any lease or license issued pursuant to section 4 of the said Act the transferee, if not a discharged soldier, shall be required to make a declaration in such one of the forms (with the necessary modifications) prescribed under the Land Act, 1908, or the Land for Settlements Act, 1908, as the case may be, as the Land Board may determine.

  4. Two or more applicants may make an application to hold any land set apart under section 4 of the said Act as tenants in common, and in any such case the provisions of section 196 of the Land Act, 1908, shall, so far as applicable, extend and apply.

  5. Clauses 23, 24, and 25 of, and the Second Schedule to, the regulations under the Land for Settlements Act, 1908, made on the 16th day of March, 1909, shall, so far as applicable, and with the necessary modifications, apply to lands with buildings thereon disposed of under the Discharged Soldiers Settlement Act in the same manner as they apply to lands with buildings thereon disposed of under the Land for Settlements Act.

  6. The provisions of section 41 of the Land Act, 1908, and of the regulations relating to Land Board elections made on the 7th day of February, 1913, and published in the New Zealand Gazette of the 13th day of February, 1913, shall, so far as they relate to the election of elective members of Land Boards, apply to every discharged soldier who is the owner of a lease issued pursuant to section 4 of the said Act, and accordingly every such discharged soldier shall be eligible to vote for the election of any elective member of the Land Board for the land district in which such discharged soldier’s land is situated.

PART II.
FINANCIAL.

  1. With respect to advances under section 6 of the said Act (as extended by section 4 of the Discharged Soldiers Settlement Amendment Act, 1916), and under paragraphs (c) and (e) of section 2 of the Discharged Soldiers Settlement Amendment Act, 1917, the following provisions shall apply:—
    (a.) The amount of advance that may be made to any one person, including all other advances made to the same person and still remaining unpaid, shall not exceed £500: Provided that the Minister may, if in his opinion special circumstances render such amount inadequate, authorize an additional advance not exceeding £250.
    (b.) The amount of any loan made for the purpose of clearing, draining, fencing, erection of buildings, and general improvement may, in the discretion of the Minister, be advanced by progress-payments corresponding to 75 per cent. of the value of the improvements from time to time effected by the mortgagor. In such case the value of the improvements so effected shall from time to time be ascertained and certified to by some person authorized by the Minister in that behalf, and any certificate given by such person shall be final: the balance of the advance may be paid on receipt of a final certificate that the improvements in respect of which the advance is made have been satisfactorily completed.
    (c.) In no case shall the amount advanced for buildings exceed £250.
    (d.) All moneys advanced shall be secured by way of first mortgage over the land or the applicant’s interest therein in the Form No. 6 in the First Schedule hereto.
    (e.) Where money is advanced for the purpose of purchasing stock and implements, such money shall be further secured by a collateral bill of sale in the Form No. 7 in the First Schedule hereto.
    (f.) In cases where further advances are made for purposes other than the purchase of stock or implements, and the applicant has on the land stock or implements not already encumbered by bill of sale, the Minister may require, before granting such further advance, collateral security over such stock or implements by way of bill of sale in the Form No. 7 in the First Schedule hereto.
    (g.) For the purpose of the administration of these regulations, the Minister may authorize the Commissioner of Crown Lands or any other officer of the Lands and Survey Department, to pay advances, and any such authority to make an advance issued by the Minister shall be deemed to be an authority to advance and readvance moneys on current account so that the total indebtedness, exclusive of interest, of the person to whom such advance is made shall not at any time exceed the amount so authorized.

  2. For the purpose of assisting settlers with respect to any of the matters for which advances may be made as aforesaid, the Minister may purchase such materials or articles as may be required, and may dispose of the same to settlers on such terms as he thinks proper. Where any such materials or articles are not paid for by the settler, their value as determined by the Minister shall be deemed to be an advance within the meaning of these regulations.

  3. With respect to advances under paragraph (a), (b), or (d) of section 2 of the Discharged Soldiers Settlement Amendment Act, 1917, the following provisions shall apply:—
    (a.) Every application for such an advance shall be made, in the Form No. 8 in the First Schedule hereto or to the like effect, to the Land Board for the land district within which the land affected is situated, and shall be accompanied by the prescribed valuation fee. The Land Board shall, before making its recommendation, require the applicant to appear personally before it, or before such person or persons as it may appoint.
    (b.) Valuation fees shall be payable in accordance with the following scale:—
    On an application for a loan not exceeding £100 £ s. d.
    Exceeding £100 but not exceeding £250 0 10 6
    Exceeding £250 but not exceeding £500 1 1 0
    Exceeding £500 but not exceeding £2,500 1 11 6
    Exceeding £500 but not exceeding £2,500 2 2 0
    (c.) An application for an advance for any of the purposes mentioned in paragraphs (a) or (b) of the said section 2 shall not be considered unless it is accompanied by an option to purchase the fee-simple or to acquire the lease or license, as the case may be, given by the owner or the lessee to the applicant. Such option shall be in the Form No. 9 in the First Schedule hereto or to the like effect.
    (d.) The amount of advance to any person for the purchase of a dwelling and appurtenances on other than rural land shall not exceed the sum of £1,000, and for any other purpose shall not exceed the sum of £2,500.
    (e.) Except as provided in paragraph (g) hereof all advances shall be secured by first mortgage over the land or the applicant’s interest in the lease or license in the Form No. 10 in the First Schedule hereto or to the like effect; and the Minister may as collateral security require that a bill of sale be given over such stock and other chattels belonging to the applicant as he may decide.
    (f.) Except as provided in paragraph (g) or paragraph (h) hereof, all moneys advanced under this clause, together with interest thereon at the rate of 5 per cent. per annum, shall be repayable by half-yearly instalments over a period of 36½ years. Every half-yearly instalment shall consist partly of interest and partly of principal, and shall be calculated and apportioned according to Table A of the Second Schedule to the State Advances Act, 1913.
    (g.) In such cases as the Minister may approve, advances under this clause may be made on flat mortgage for any period not exceeding ten years. Advances made on flat mortgage shall bear interest at the rate of 5 per centum per annum, and shall be secured by first mortgage in the Form No. 6 in the First Schedule hereto, with the necessary modifications.



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🗺️ Regulations under the Discharged Soldiers Settlement Act, 1915 (continued from previous page)

🗺️ Lands, Settlement & Survey
20 August 1918
Regulations, Discharged Soldiers Settlement Act, Land Board, Land Acquisition, Leases, Purchases