Legislative Act




BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

Short Title.

  1. The Short Title of this Act shall be “The Southland Waste Lands Act Amendment Act, 1873.”

Classification of land into agricultural land and pastoral land.

  1. It shall be lawful for the Superintendent to cause all the waste lands of the Crown within the district formerly known as the Province of Southland, and not included within any hundreds now existing, to be classified as agricultural land and pastoral land respectively; and such classification shall be made by not more than three Commissioners appointed for that purpose by the Superintendent, with the advice of the Executive Council, and of such Commissioners the Chief Surveyor of the said district shall be one; and such Commissioners shall, within six months from the date of their appointment, furnish to the Superintendent a description of the boundaries of the land so classified by them as agricultural land and as pastoral land respectively, which description shall be published in the Otago Provincial Government Gazette, and after such publication the land therein described shall for the purposes of this Act be deemed to be agricultural land or pastoral land in accordance with such description.

Price of agricultural land to be forty shillings; pastoral land to be twenty shillings; land in hundreds to be twenty shillings per acre. Governor, on recommendation of Provincial Council, may raise price.

  1. The price of agricultural land shall be forty shillings per acre, and the price of pastoral land shall be twenty shillings per acre. Governor, on recommendation of Provincial Council, may raise price.

  2. From and after the date of the publication of the aforesaid description of agricultural land and pastoral land in the Otago Provincial Government Gazette, the prices of agricultural land within the aforesaid district shall be forty shillings per acre, and the price of pastoral land within the aforesaid district shall be twenty shillings per acre, and the price of land within the hundreds now existing within the said district shall be, except as hereinafter provided, twenty shillings per acre: Provided always that at any time the Superintendent and the Provincial Council of Otago shall recommend the Governor to raise such price, then it shall be lawful for the Governor in Council, if he shall see fit, to raise such price over the whole or any part of the said district in accordance with such recommendation.

Superintendent may make temporary reserves pending meeting of Provincial Council.

  1. It shall be lawful for the Superintendent of Otago, temporarily and pending the meeting next ensuing of the Provincial Council, to set aside and reserve from sale such blocks of land within the said district as he shall see fit: Provided that such temporary reservation shall be null and void after the termination of the session next ensuing of the Provincial Council.

Superintendent and Provincial Council may set aside lands within existing hundreds for sale on deferred payments in terms of “The Otago Waste Lands Act, 1872.”

  1. It shall be lawful for the Superintendent, with the advice and consent of the Provincial Council, to set aside lands for sale on deferred payments, such lands to be sold and dealt with in terms of and subject to the conditions and provisions embodied in sections forty-seven to sixty-four inclusive of “The Otago Waste Lands Act 1872.” Provided that whenever in the said sections of “The Otago Waste Lands Act 1872” the following words are used, they shall bear the meanings hereinafter severally assigned to them, that is to say—the words “District Officer” shall mean the Commissioner of Crown Lands for that part of the Province formerly included in the boundaries of the late Province of Southland; and the words “Waste Lands Board” shall mean the Waste Lands Board for the part of the Province of Otago formerly included in the boundaries of the Province of Southland, being the Waste Lands Board appointed under the provisions of “The Southland Waste Lands Act, 1865.”

Laws in force at passing of “The Otago and Southland Reunion Act 1870” to remain in force unless repugnant to this Act.

  1. The laws regulating the sale letting and occupation of the waste lands of the Crown within the district aforesaid in force at the time of the passing of “The Otago and Southland Reunion Act 1870” shall continue to be in force, in so far as they are not repugnant to the provisions of this Act.

NEW ZEALAND.

Tarcesio Settimo Vicoriae Regina.

No. LXV.

Title.

An Act to amend the Law relating to the Sale Letting and Occupation of the Waste Lands of the Crown within that part of the Province of Otago formerly included in the Province of Southland.

[23rd October, 1873.]

Preamble.

WHEREAS it is expedient to reduce the price of land, and to provide for the sale of portions thereof upon deferred payments, in that part of the Province of Otago which was formerly included within the boundaries of the late Province of Southland:

If land unoccupied and uncultivated after two years, right of occupation to cease. Provision in case of death of immigrant.

  1. If at any time during the period of two years ensuing one month after the date of purchase the land has been unoccupied, or if at the expiration of such period one-fifth of the said land is not under cultivation as aforesaid, the right of occupation of such registered immigrant shall cease and determine; and his right to such land, and all buildings thereon, shall be forfeited to Her Majesty: Provided, however, that in case of the death of the registered immigrant during the said period of two years, any devise of such land made by him to any of the members of the family who emigrated with him shall be valid and take effect as if such immigrant had received a Crown grant thereof before his death.

Sale of forfeited lands.

  1. When any land has been forfeited to Her Majesty under this Act, the Minister shall sell the same, and the improvements thereon by public auction for cash, at such time and place as he shall appoint; and the purchaser of any such forfeited land shall be entitled to receive a grant thereof from the Crown, which shall be issued to him accordingly on payment of the purchase money thereof.

Interest of purchase not assignable except under provisions of Act.

  1. The interest of a registered immigrant in land under this Act, who has not received a Crown grant thereof, shall not be assignable at law or in equity, nor be capable of being devised, except under the provisions of this Act, and shall not be capable of being charged, encumbered as ended or taken in execution in any manner whatsoever.

Regulations may be made for purchase of land for persons introducing immigrants at their own cost.

  1. The Governor in Council may from time to time, and subject to the conditions hereinafter provided, make regulations providing for the purchase of land for any person or persons, or association of persons, introducing at his or their own cost immigrants into New Zealand not being within the meaning of this Act members of the families of the person or persons introducing them, and for the free grant of such land to such person or persons, or association, or to the immigrants introduced, or partly to the immigrants introduced and partly to the person or persons or association introducing them.

Cost not to exceed for each immigrant cost of land authorized in case of heads of families.

The amount to be expended in the purchase of land to be granted free under such regulations shall not exceed in respect of each immigrant such amount as under this Act may be expended in the purchase of land for the head of a family in respect of the members of his family.

Such regulations shall prescribe conditions similar to those provided by this Act in the case of heads and members of families, so far as applicable.

Such regulations shall provide that no Crown grant shall be made of the land, or any title thereto arise, unless and until the provisions of such regulations as to cultivation and occupancy shall have been complied with.

Lands to be purchased out of moneys applicable to immigration.

  1. Out of any moneys for the time being appropriated by the General Assembly to immigration, there may from time to time be issued and applied in the purchase of land under this Act, or the regulations made hereunder, such sum or sums as shall from time to time be authorised by the Governor in Council.


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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1873, No 879





✨ LLM interpretation of page content

🗺️ Southland Waste Lands Act Amendment Act, 1873

🗺️ Lands, Settlement & Survey
Land Classification, Agricultural Land, Pastoral Land, Southland, Otago

🗺️ An Act to amend the Law relating to the Sale Letting and Occupation of the Waste Lands of the Crown within that part of the Province of Otago formerly included in the Province of Southland

🗺️ Lands, Settlement & Survey
23 October 1873
Land Sale, Occupation, Southland, Otago, Immigrants