Agricultural Leases Regulations and Appointments




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Possession where no objection.

  1. If, upon the hearing of any application, it shall appear that no objection thereto has been lodged with the Warden, and there shall be no cause known to the Warden why such application should not be granted, the Warden shall upon application therefor issue a certificate of the same to the applicant, and such applicant may thereupon take possession of the land so applied for, and such land shall thereafter be surveyed as nearly as possible in the form in which it has been taken up, and in conformity with the 6th regulation as hereinbefore prescribed, but to the extent of fifty (50) acres only.

Exemptions.

  1. Agricultural Leases will not, except in special cases, be granted for lands within the boundaries of proclaimed townships or public reserves, nor for any area including a permanent water course, or which may present auriferous indications, and in all cases a public roadway, one chain in width, will be reserved along the margins of navigable streams and rivers.

Non-execution of lease.

  1. If any applicant fails or neglects to execute his lease within one (1) month after service of notice from the Warden that such lease is ready for execution, the Superintendent will (unless special cause for delay is shown to him) proceed to cancel such lease, and a fee of £1, in addition to the charges hereinbefore mentioned, shall thereupon be deducted from the deposit.

Cancellation of leases.

  1. Leases will be forfeited and may be cancelled if the land is sublet or transferred without the sanction and authority of His Honor the Superintendent; or, if planting, cultivation, or other permanent improvement is not commenced within three months after the issue of a certificate of lease; or if one-third in acreage of the land is not planted, cultivated, or otherwise improved within twelve months from the date of any such certificate or lease; or if at any time during the currency of the lease the land shall be neglected for a period of six months.

Transfer.

  1. Agricultural Leases will not be transferable without the special sanction and authority of His Honor the Superintendent, and for every such transfer a fee of one pound (£1) will be charged; and no such transfer will be sanctioned in any case unless and until the conditions with respect to improvements shall have been duly complied with by the original applicant, and all rents due shall have been fully paid.

Rent.

  1. The rent charged shall be at the rate of two shillings and sixpence (2s. 6d.) per acre, payable half yearly in advance from the date of the certificate or lease as the case may be, and every fractional part of an acre will be considered as an acre and charged accordingly.

Survey Fees.

  1. The fees charged for survey shall be as follows:
    For an ordinary survey, when the area does not exceed twenty (20) acres, one pound (£1).
    For any larger area, at the rate of one shilling per acre, or any portion of an acre.

Land may be taken for roads.

  1. The Superintendent reserves the right to survey through any land held under an agricultural lease, such roads as may be deemed essential for public convenience, and to throw them open to public traffic, subject to the allowance of valuation for improvements, and for any standing and growing crops which may be in or upon such line of road only at the period when possession thereof is taken by the Government.

Conditions of entry to search for gold, &c.

  1. The Superintendent reserves the right of free entry to any land so leased as aforesaid for the purpose of searching for gold, or for any other metal or mineral, and of determining any lease when such gold, metals, or minerals, shall have been discovered therein; and also of granting permission to prospect, without compensation, upon any unimproved land, subject to such regulations as he, the said Superintendent, may hereafter think fit to make, upon any applications for such permission being made to him.

Compensation how to be paid when lease determines.

  1. In the event of the determination of any Agricultural Lease, on account of the discovery of gold, or of any other metal or mineral, in the land thereby demised, the amount of compensation adjudged to be paid to the holder thereof shall (except in special cases) be contributed by the persons desirous of mining thereon, subject to such terms and conditions as the Superintendent may hereafter deem expedient; but no compensation will be granted or adjudged for land which has not been planted, cultivated, or otherwise improved.

SCHEDULES.

First Schedule.

Notice.

To Warden,
I hereby apply for a lease of land for agricultural purposes situate at (here state the locality) and comprising ... acres or thereabouts; and I deposit herewith the sum of ten pounds (£10) and agree to pay any further costs and expenses which may be incurred in accordance with "The Agricultural Leases Regulations, 1866."

Signature (name in full and address).

Second Schedule.

Agricultural Lease Deposit.

District of ...
Date,
No. of application,
Received from ... the deposit of ten pounds (£10) pursuant to "The Agricultural Leases Regulations, 1866."

Warden.

Given under the hand of His Excellency Sir George Grey, Knight Commander of the Most Honorable Order of the Bath, Governor and Commander-in-Chief in and over Her Majesty’s Colony of New Zealand and its Dependencies, at the Government House at Wellington, and issued under the Seal of the said Colony, this tenth day of January, in the year of our Lord one thousand eight hundred and sixty-seven.

J. RICHARDSON,
(For the Colonial Secretary.)

GOD SAVE THE QUEEN!

APPOINTMENTS TO BE MADE.

An Apprentice Draughtsman—Survey Department.
An Apprentice Draughtsman—Engineers’ Department.
Applications to be made by Noon on Thursday, 24th January, to the Provincial Secretary.

Printed under the authority of the Provincial Government of Otago, by Mills, Dick & Co., of Dunedin, Otago, New Zealand, Printers to the said Provincial Government for the time being.




Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1867, No 463A





✨ LLM interpretation of page content

🗺️ Regulations for Agricultural Leases under the Gold Fields Act, 1866 (continued from previous page)

🗺️ Lands, Settlement & Survey
29 January 1867
Agricultural Leases, Gold Fields Act, Regulations, Land Application, Deposit, Survey, Objections
  • J. Richardson, For the Colonial Secretary

🏛️ Appointments to be Made in Survey and Engineers' Departments

🏛️ Governance & Central Administration
Apprentice Draughtsman, Survey Department, Engineers' Department