Mining Leases and Crown Lands




  1. That the lease shall contain clauses in the usual form introduced into the mining leases:— 1. For securing payment of the royalty or rent; 2. For enabling some person on the part of the lessor from time to time to enter and examine the mine; 3. For securing the regular, proper, and efficient working and working of the minerals; 4. For making void the lease on breach of the stipulations on the part of the lessee, thereby contained; 5. For delivering up the property at the termination of the lease in good tenantable repair; 6. For enabling the lessee to abandon the working of the minerals, wherever he shall find the same unprofitable to work, and surrender the lease.

  2. All applications for leases shall be sent in by the applicant, and dealt with by the Waste Land Board as hereinafter provided (No. 36); and in the event of an auction taking place, the upset price for any period not exceeding twenty-one years' lease shall be a royalty, or rent (coal excepted) of one-twentieth of the minerals to be raised.

  3. The land comprised in any mineral lease shall, at the request of the lessee, at any time be put up to auction at an upset price to be fixed by the Waste Land Board, with concurrence of the Superintendent and his Executive Council, and notice of the time fixed for the auction shall be given by the Waste Land Board to the “Provincial Government Gazette,” and at least newspaper not more than three months before such auction shall take place.

  4. No land shall be included in any such notice unless the same shall have been previously surveyed, and have been distinguished by an approved mark upon a map to be exhibited in the Waste Land Office for public inspection during usual business hours.

  5. The land or lease shall be offered at auction with a Member of the Waste Land Board. No auction fee to be exacted.

  6. For timber leases, payment of one-tenth part of the purchaser's money shall be a condition of every title by auction, and the remaining nine-tenths of the purchase money shall be paid by the purchaser within one calendar month next after the time of such sale or forfeiture, or the deposit will be forfeited, and the contract for the sale of the land will thenceforth be null and void.

  7. In the case of lands thus forfeited by non-completion of the contract for their purchase, it shall be competent for any person within the next three years after the auction at which the bidding for such land was made, to purchase such land for the amount that was then bid for them, after deducting the amount of any deposit that shall have been paid thereon.

  8. It shall also be competent for any person within three years next after any auction, to become, without any further auction, the purchaser of any land so put up for sale as aforesaid, and not then sold, by offering and paying for the same the upset price at which the same may have been put up for sale.

  9. Notwithstanding anything herein contained, it shall be competent for the Waste Land Board, instead of permitting any land taken purchased as authorized by the foregoing sections and without causing any land which shall not have been already applied for under the said clauses, to be put up again to auction, giving such notice thereof as is hereinbefore provided in respect of land to be offered at auction.

Occupation of Crown Lands

  1. The right of purchasing or the Waste Land of the Crown within the Hundreds may be granted exclusively by occupants of land held under grant from the Crown (squatters or freehold), or persons of the native or half-caste race, occupying land within the Hundreds by permission of the Government.

  2. The right of purchasing Waste Land of the Crown parish not occupied or applied for and within Hundreds is provided for by the Waste Land Regulations made under the “Crown Lands Ordinance No. 1 of Session X,” and the Crown Lands Amendment Ordinance No. 10 of Session XL.

  3. The provisions of said Ordinances, and such of the said rules and regulations made in pursuance thereof, as are named, to those regulations, are for the present hereby extended and provided always that the sale of the leaseholdings of Crown Lands applied for under their said Ordinance No. 1 of Session X, shall be subject to revision by the Waste Land Board (except such duties as are prescribed by clause 26 of the said Ordinance) in the same manner as the sale of the Chief Commissioner of the Waste Land Board are subject to revision of said Board.

  4. No person shall be allowed to purchase any portion of the land occupied by another timber license holder, without the “nominal” shall have been erected, or improvements made, until the offer of purchasing said land shall have been made to such license holder at the price of 10s. an acre, or in such land shall have been proclaimed, as provided in No. 5.

  5. The license holder in such case will be allowed to exercise the right of purchasing at such fixed price, his homestead or improved land, together with such land adjoining thereof as he may desire, not being, or the whole, less than 10 acres, or more than 50 acres, and subject to the regulation that may be allowed six calendar months for the payment of his purchase-money if purchased otherwise than such license holder shall not be allowed to select land set apart or required for public purposes.

  6. Whenever any portion of land comprised in any pasture or timber license shall be proclaimed by other than the holder of such license, it shall be competent for the license holder, within three calendar months...



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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1855, No 20





✨ LLM interpretation of page content

🌾 Mineral Land Leases (continued from previous page)

🌾 Primary Industries & Resources
Mineral Leases, Land, Mining, Coal, Waste Land Board

🗺️ Occupation of Crown Lands

🗺️ Lands, Settlement & Survey
Crown Lands, Waste Land, Squatters, Freehold, Native Race, Half-caste Race