Agricultural Leases Regulations




  1. Deposit.

In every case in which permission shall be granted to any holder of a miner’s right to enter upon any such land for the purpose of searching for gold, he shall deposit with the Receiver such sum of money as the Warden may consider sufficient as security for the due performance of any conditions of such permission and it shall be lawful for the Warden in case of failure to comply with such conditions or any of them to order payment of the whole or any part of such money to the lessee or occupier of the land or to make such other order in relation to the same as to him shall seem just, and the decision of the Warden shall be final and conclusive as regards all parties concerned.

  1. Areas must be fenced by lessee or holder.

Every certificate and lease granted under these Regulations shall be subject to a condition that the holder of the certificate or the lessee (as the case may be) shall at his own expense and charges erect and at all times maintain during the currency of the lease a good and substantial fence around the land held by virtue of such certificate or lease respectively sufficient to keep in both sheep and cattle and that no runholder upon whose run the area comprised in such certificate or lease is situate or which shall adjoin thereto shall be liable to pay to the holder of such certificate or to the lessee (as the case may be) any portion of the cost of fencing such area any law or Ordinance to the contrary notwithstanding and a covenant to the effect of this Regulation may be inserted in any such certificate or lease and if not so inserted shall be implied therein.

(For scale of Survey Fees see page 28 of this Gazette.)

SCHEDULES.

First Schedule.

Notice.

(Place and date.)

To the Warden at

I hereby apply for a lease of land for agricultural purposes, situate at (here state the locality) and comprising acres or thereabouts, in accordance with the Agricultural Leases Regulations of the day 18 made under "The Gold Fields Act 1866," and the Gold Fields Act Amendment Acts of 1867, 1868, and 1869.

Signature (name in full and address.)

The above application will be heard before me at on the day of 18 A.P. Warden.

Second Schedule.

Province of Otago.

(Date of issue.)

Whereas the application of Crown Land, situated at was heard before me on 18 , and whereas I have decided that a lease of acres roods perches should be granted to the said applicant: This is to certify that the said is hereby authorised to take possession of the said land and the same to hold, use, and enjoy, subject to the terms and conditions specified in the Agricultural Leases Regulations in force at the date of the issue hereof.

N.B.—This certificate is to be exchanged for a lease when the said is notified that such lease is ready for his acceptance, and will become void if the said lease is not so accepted.

Not Transferable.

Application to enter upon Private Lands.

To the Warden at and to

I hereby apply for permission to enter upon the land hereinafter described (or certificate, as the case may be), by (here insert the name of the holder of the land here referred to), situate at for the purpose of searching for gold.

(Signature of the Applicant.)

This application will be heard before me at on the day of 18 Warden.

All parties interested in the matter of the above application are requested to give their attendance on the day and date and at the place last above mentioned.

Warden.

Notice.

To Mr.

Take notice that unless you attend personally or by agency at my office of within three days from the service of this notice and execute Lease No. issued in your favor under the Agricultural Leases Regulations the said Lease will be returned to the Government for cancellation.

Warden’s Office, 18 Warden.

Under the Agricultural Leases Regulations.

To Mr.

Take notice that you are hereby required within days from the service of this notice to fence the area of land held by you under Lease No. issued to you under the Agricultural Leases Regulations.

Warden’s Office, 18 Warden.

James Macandrew,

Superintendent of the Province of Otago.

ORDER IN COUNCIL.

At the Provincial Government Buildings, Dunedin, the eighth day of December one thousand eight hundred and seventy-one.

Present:

His Honor the Superintendent,

Donald Reid,

James Benn Brashaw, and

John Bathgate, Esquires,

Members of the Executive Council of the Province of Otago, being also Members of the Provincial Council thereof.

Whereas Thomas Dick Esquire then Superintendent of the Province of Otago by virtue and in exercise of the powers delegated to and vested in him in that behalf did by proclamation in the Government Gazette of the said Province bearing date the 29th day of January 1867 constitute and appoint all the territory therein described to be a Gold Field under the provisions of the “Gold Fields Act 1866” to be called the “Otago Gold Field:”

And whereas the limits of the said Gold Field as proclaimed as aforesaid have from time to time been altered: And whereas by the forty-second section of the “Gold Fields Act 1866” it is provided that the Governor may by proclamation in the New Zealand Gazette or in the Gazette of the Province in which any Gold Field is situate proclaim and declare the exceptions to be made from leases and licenses granted under the said Act and also the covenants clauses provisos conditions and agreements applicable to such leases and licenses respectively as he may in like manner from time to time rescind alter or vary the same: And whereas by the “Gold Fields Act Amendment Act 1867” it is enacted that within any Province in which by any Act or Ordinance it is provided that the Superintendent shall in the administration of the government thereof act by and with the advice and consent of an Executive Council it shall be lawful for the Governor in Council under his hand and under the Public Seal of the Colony from time to time to exercise as occasion may require to delegate to the Executive Government for the time being of such Province subject or not to any restrictions or limitations as he shall think fit all or any of such powers vested in the Governor or the Governor in Council by the “Gold Fields Act 1866”



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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1872, No 772





✨ LLM interpretation of page content

🗺️ Agricultural Leases Regulations (continued from previous page)

🗺️ Lands, Settlement & Survey
8 December 1871
Agricultural Leases, Regulations, Otago, Gold Fields Act
  • James Macandrew, Superintendent of the Province of Otago

🏛️ Order in Council

🏛️ Governance & Central Administration
8 December 1871
Order in Council, Gold Fields Act, Otago
  • Thomas Dick (Esquire), Former Superintendent of the Province of Otago

  • His Honor the Superintendent
  • Donald Reid
  • James Benn Brashaw
  • John Bathgate, Esquires