Cancellation of Leases




PROCLAMATION.

Cancellation of Leases to Depasture Stock on certain Crown Lands in the Province of Otago.

By His Honor James Macandrew, Superintendent of the Province of Otago, in Council.

WHEREAS by the sixteenth section of the "Gold Fields Act 1866," it is enacted that when any Gold Mine or Gold Field shall be discovered and proclaimed upon any Crown Lands, which at the date of the passing of the said Act shall have been held under license or lease for depasturing purposes, it should be lawful for the Governor, at his discretion, to cancel the license or lease under which such lands shall have been held in occupation, as regards the whole or any part of the lands so held under such license or lease, or with the concurrence of the licensee, or lessee, to suspend such lease or license as regards the whole or any part of such lands: And whereas Thomas Dick, Esquire, then Superintendent of the Province of Otago, by virtue and in exercise of the power delegated to and vested in him in that behalf, did, by Proclamation in the Government Gazette of the said Province, bearing date the twenty-ninth day of January, one thousand eight hundred and sixty-seven, constitute and appoint all the territory therein described, including amongst other lands the lands hereinafter described to be a Gold Field under the provisions of the "Gold Fields Act 1866," to be called "Otago Gold Field:" 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 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 may think fit, all or any of such powers vested in the Governor, or the Governor in Council, by the "Gold Fields Act 1866," as under, or by virtue of the one hundred and ninth section of the said Act may be delegated by the Governor in Council, and in like manner to revoke any such delegation: And whereas by an Ordinance of the Superintendent and Provincial Council of the Province of Otago intituled the "Executive Council Ordinance 1851," it is provided that the Superintendent of the said Province shall, in the administration of the Government thereof, act by and with the advice and consent of an Executive Council: And whereas the Governor hath, with the advice and consent of the Executive Council of New Zealand, and in pursuance of the power and authority for that purpose vested in him by the "Gold Fields Act, 1866," and subject to its provisions, delegated unto the Executive Government for the time being of the Province of Otago, all such powers vested in the Governor, or the Governor in Council, by the said last-mentioned Act, as under or by virtue of the one hundred and ninth section of the said last-mentioned Act, may be delegated by the Governor in Council, to have, hold, and exercise the said powers within the said Province of Otago: and whereas the lands respectively hereinafter described are Crown Lands, subject to be dealt with under the provisions of the said sixteenth section of the "Gold Fields Act, 1866," and the said lands respectively are now, or lately were, held in occupation under leases for Depasturing purposes. And whereas the Executive Government of the Province of Otago have determined to cancel the several depasturing leases under which the said lands respectively are or were so held in occupation as to so much and such part of the lands held under the same as are comprised in the respective areas hereinafter described:

Now therefore I, James Macandrew, Superintendent of the Province of Otago, by and with the advice and consent of the Executive Council of the said Province, and by virtue and in exercise of the powers delegated to the Executive Government of the said Province in this behalf by His Excellency the Governor of New Zealand in Council, under the authority of the "Gold Fields Act Amendment Act, 1867," and of any and every other power in anywise enabling me in this behalf, do hereby cancel the said several depasturing leases, in so far as the lands comprised within the respective areas hereinafter described are affected by the said several leases, but not respectively further or otherwise (that is to say)—

  1. All that parcel of land in the Province of Otago and Colony of New Zealand containing by estimation 13,000 acres more or less situate in the South-eastern Pastoral District being part of Run numbered 170 on the map of the said District bounded towards the North-west by Run 200 towards the East by other part of Run 170 towards the South-east by the Beaumont Burn towards the South-west by the Clutha River.

  2. All that Parcel of Land in the Province of Otago Colony of New Zealand containing by estimation 3,000 acres more or less situate in the Waipori District being part of Run numbered 48 bounded as follows:—Commencing at a point on the Lee Stream due North from Trigonometrical Station O Waipori District thence along the said Lee Stream to its junction with a creek known as the South Rock Creek thence along the said South Rock Creek to a point due South from Trigonometrical Station O Waipori District aforesaid thence in a line due North through said Trigonometrical Station O to the starting point.

  3. All that Parcel of Land in the Province of Otago Colony of New Zealand containing by estimation Fifteen Thousand (15,000) acres more or less situate in the South-eastern Pastoral District being part of Run numbered 199 on the map of the said District. Bounded as follows commencing at the most Northerly peg of Section 1 Block VI Teviot District and proceeding in a line bearing 242 degrees 51 minutes 41 seconds nine thousand three hundred and sixty (9360) links to the intersection of a line bearing 332° 51' 41" through Geodesical Station Teviot District thence by the said line through Geodesical Station bearing 332° 51' 41" one hundred and forty (140) chains thence in a line bearing 62° 51' 41" two hundred and seventy-two chains and sixty (27260) links thence by a line bearing 152° 51' 41" seven hundred and sixty-five (765) chains to the most easterly peg of Section 1 Block V Benger District thence along the north-east boundaries of Sections 1 Block V Benger District and 1 Block VI Teviot District in a line bearing 332° 51' 41" six hundred and twenty-four chains and eighty-four (62484) links to the starting point.

  4. All that Parcel of Land in the Province of Otago Colony of New Zealand containing by estimation ten thousand (10,000) acres more or less situate in the South-eastern Pastoral District being part of Run numbered 369 on the map of the said Pastoral District. Bounded as follows:—Commencing at a point on the Watershed of the Umbrella Mountains due West from Trigonometrical Station J Teviot District thence in a line due East through the said Trigonometrical Station J to a point due North from Trigonometrical Station M Teviot District thence in a line due South two hundred (200) chains thence in a line due East a point distant ten (10) chains from the West bank of the Clutha River thence by a line parallel with the western bank of the Clutha River but distant therefrom ten chains to a point due East from South boundary of P. R. Run 369 (See. 33 Block V Teviot District) thence in a line due West along the south boundary of said P. R. to a point due South from Trig. Station M aforesaid thence in a line due South fifty (50) chains thence in a line due West to the western boundary of Run 369 being the Watershed of the Umbrella Mountains thence in a Northerly direction by the said Watershed to the starting point.

Given under my hand, and issued under the Public Seal of the Province of Otago in presence of Donald Reid and John Davie, Esquires, Members of the Executive Council of the said Province, being also Members of the Provincial Council thereof, this eleventh day of April, one thousand eight hundred and seventy-six.

(L.S.)

J. MACANDREW,
Superintendent of Otago.

D. REID,
JOHN DAVIE.
Members of the Executive Council of the Province of Otago, and of the Provincial Council thereof.



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1876, No 1017





✨ LLM interpretation of page content

🗺️ Cancellation of Leases to Depasture Stock on certain Crown Lands in the Province of Otago (continued from previous page)

🗺️ Lands, Settlement & Survey
11 April 1876
Lease cancellation, Crown lands, Gold Fields Act, Otago, Depasturing
  • Thomas Dick (Esquire), Former Superintendent of the Province of Otago

  • James Macandrew, Superintendent of the Province of Otago
  • Donald Reid, Member of the Executive Council of the Province of Otago
  • John Davie, Member of the Executive Council of the Province of Otago