✨ Discharged Soldiers Housing Regulations
May 2.] THE NEW ZEALAND GAZETTE. 1703
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No discharged soldier to whom a dwelling has been disposed of pursuant to these regulations, and who makes any disposition of such dwelling whether by way of assignment or otherwise, or whose agreement to purchase is cancelled by reason of default in compliance with the conditions thereof, shall be eligible to acquire any other dwelling under these regulations: Provided that the Minister on the recommendation of the Land Board may, in any case where he is of opinion that exceptional circumstances render such a course desirable, direct that this regulation shall not apply.
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The purchaser of a dwelling under these regulations shall reside continuously therein, and if he fails to do so the Land Board may, with the approval of the Minister, cancel his agreement to purchase, and the dwelling shall thereupon revert to the Crown: Provided that the Land Board may (subject to such conditions as it thinks fit) grant exemption from the requirement of continuous residence for any period not exceeding twelve months at any one time on sufficient and satisfactory grounds being shown for non-residence.
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(1.) The purchaser shall pay all rates and taxes levied on or payable in respect of his dwelling.
(2.) The non-payment of rates shall be deemed to be a breach of conditions of agreement, and shall render the agreement liable to cancellation.
- (1.) Irrespective of the prescribed monthly instalments the purchaser may at any time pay to the Receiver of Land Revenue the amount, in no case less than £10, of principal included, according to the table in the Second Schedule hereto, in the instalments corresponding to any number of consecutive six-monthly periods next succeeding the six-monthly period then current.
(2.) The payment of any such amount shall not affect the periodical continuity of monthly instalments, but the amount of principal and interest included in the succeeding instalments shall be calculated according to the table in the Second Schedule hereto as if the appropriate number of six-monthly periods corresponding to the instalments of principal so paid had expired, and the period of 25½ years during which the monthly instalments would otherwise have been required to be paid shall be reduced accordingly.
- (1.) If the purchaser fails at any time to comply with any of the provisions of these regulations, or makes default for thirty days in the due payment of any moneys payable pursuant to an agreement to purchase, the Land Board may, with the consent of the Minister, cancel the agreement, and the purchaser shall thereupon deliver up to the Commissioner possession of the dwelling in good order and repair.
(2.) No cancellation or termination shall affect any right or remedy on the part of the Crown as to the recovery of instalments or other moneys due, or shall otherwise release the purchaser from any penalty in respect to anything done or omitted to be done by him.
- (1.) Any dwelling with respect to which an agreement to purchase has been cancelled pursuant to any of the provisions of these regulations may be again disposed of under these regulations at such capital value as the Minister may determine.
(2.) The amount (if any) by which the capital value of the dwelling when again disposed of exceeds the amount of principal unpaid by the outgoing purchaser may at the discretion of the Minister be paid in whole or in part to the outgoing purchaser, after deducting therefrom all costs connected with the cancellation and disposal together with any sums, other than principal-moneys, that may be due and unpaid in respect of the agreement that has been cancelled.
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If an applicant who has entered into a provisional undertaking to purchase any dwelling pursuant to these regulations withdraws his application he shall not be entitled to a refund of his deposit in respect of his purchase-money; but the Land Board may, if it thinks fit, refund the balance of such deposit after deducting an amount not less than £1 in respect of expenses.
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The purchaser shall insure in the name of the King, to the full insurable value against loss by fire, any dwelling in respect of which the whole of the purchase-money has not been paid, and shall lodge the insurance policy with the Commissioner.
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If a dwelling in respect to which an agreement to purchase has been entered into is destroyed or damaged by fire and the purchase-money has not been paid, the Minister may expend such insurance-money as may be available for the purpose in the re-erection or restoration of the dwelling; and if the occupancy of the dwelling has ceased on account of the fire the payments due under the agreement to purchase may be suspended by the Minister until the dwelling has been re-erected or restored, and the currency of the agreement to purchase shall be extended accordingly. In lieu of re-erecting or restoring the dwelling the Minister may, by agreement with the purchaser, cancel the agreement to purchase, refunding to him such sum as is agreed upon from the amount paid on account of principal.
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If the purchaser permits any nuisance to exist on or about his dwelling, and fails to remove the same on receiving notice from or on behalf of the Land Board so to do, the Land Board, with the consent of the Minister, may thereupon terminate the agreement on such terms as it thinks fit; or may itself have the nuisance removed, and may recover the sum thus expended from the purchaser by such monthly instalments of principal and interest (computed at 5 per cent. per annum) as the Land Board may determine. The amount of such instalments shall be added to the instalments payable under the agreement to purchase the dwelling, and the agreement shall, until the additional instalments aforesaid are paid, be deemed to be amended accordingly.
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The purchaser of a dwelling shall, until the total purchase-money has been paid, keep his dwelling in good order and repair to the satisfaction of the Land Board. Without limiting the foregoing provision, the purchaser of a dwelling shall have all exterior woodwork of his dwelling painted with two coats of paint at least once in every five years, and all exterior metal-work shall be painted with one coat of paint at least once in every five years. If any purchaser fails or is unable to the satisfaction of the Minister to comply with this regulation the Minister may, in his discretion, carry out such work as he deems necessary, and may recover the sum thus expended from the purchaser either immediately or, at the option of the Minister, by such monthly instalments of principal and interest (computed at 5 per cent. per annum) as he thinks fit. The amount of such instalment shall be added to the instalments payable under the agreement to purchase the dwelling, and the agreement shall, until the additional instalments aforesaid are paid, be deemed to be amended accordingly.
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No alterations to a dwelling shall be made except with the consent of the Land Board.
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The Commissioner or other officer or officers appointed by him for the purpose shall have power at all reasonable times to enter and inspect any dwelling.
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None of the provisions of the Workers’ Dwellings Act, 1910, shall, except in so far as they are incorporated herein, be applicable to lands disposed of under these regulations.
FIRST SCHEDULE.
Form 1.
APPLICATION FOR DWELLING UNDER SECTION 4 OF THE DISCHARGED SOLDIERS SETTLEMENT AMENDMENT ACT, 1917.
To the Land Board for the Land District.
I, , hereby apply under section 4 of the Discharged Soldiers Settlement Amendment Act, 1917, and the regulations thereunder, to purchase the undermentioned land together with the residence (a) erected thereon, or (b) to be erected thereon, in accordance with (1) standard design No. , (2) plans and specifications attached.
NOTE.—Standard plans and specifications, which may be inspected at any District Lands and Survey Office, are available for use by applicants. Applicants who require other designs must attach plans and specifications prepared at their own cost by a qualified architect.
| Section. | Block. | Survey District. | Area. |
|---|---|---|---|
For the purposes of this application I make the following replies to the questions hereinafter set forth:—
| Question. | Answer. |
|---|---|
| 1. What is your full name? | .. .. .. |
| 2. Of what Naval or Expeditionary Force were you a member? Give regimental number | |
| 3. What was— | |
| (a.) Your length of service in such Force? | .. |
| (b.) The date of your discharge? | .. |
| (c.) The reason of your discharge? | .. |
| 4. What physical disabilities (if any) do you suffer from by reason of wounds or disease resulting from your naval or military service? State particulars as to loss of limb or faculty or as to condition of health | |
| 5. (1.) Have you applied for a pension under the War Pensions Act, 1915? | |
| (2.) If so, has your application been (a) granted, or (b) refused, or (c) not finally dealt with? |
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1918, No 64
NZLII —
NZ Gazette 1918, No 64
✨ LLM interpretation of page content
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Regulations regarding Dwellings for Discharged Soldiers under Section 4 of the Discharged Soldiers Settlement Amendment Act, 1917
(continued from previous page)
🗺️ Lands, Settlement & Survey30 April 1918
Discharged Soldiers, Housing, Land Allotments, Regulations, Land Board, Capital Value