Depasturing Regulations




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b. The terms and conditions contained in sections 16 and 17 of the "Gold Fields Act, 1866," and section 5 of the "Gold Fields Act Amendment Act, 1875 (No. 2)," in so far as the same relate to the depasturing of stock upon any lands within proclaimed Gold Fields, for which a lease or license for depasturing purposes has not been granted, or has been cancelled or suspended, and to regulate the number of horses or cattle which may be run upon such lands by the holders of miners' right and business licenses, or of mining, mineral, and agricultural leases, and to issue depasturing licenses, and to regulate the fees that shall be paid therefor: And 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 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 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 1861," it is provided that the Superintendent of the said Province shall, in the administration thereof, act by and with the advice and consent of an Executive Council: And whereas His Excellency the Governor did, by a Proclamation issued under his hand and the seal of the Colony of New Zealand, bearing date the ninth day of July, one thousand eight hundred and seventy-three, delegate unto the Executive Government of the Province of Otago his powers under the said fourteenth section of the said "Gold Fields Act, 1866": And whereas by a Proclamation bearing date the eighteenth day of April, one thousand eight hundred and seventy-six, and published in the Otago Provincial Government Gazette, No. 1077, on the nineteenth day of April, 1876, the several depasturing leases under which the lands respectively described in the first Schedule hereto were cancelled: And whereas the said lands respectively described in the said first Schedule hereto are lands subject to be dealt with under the provisions of the said section fourteen of the "Gold Fields Act, 1866," and it is expedient to make regulations for the depasturing of stock upon the said lands: 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, and of every other power in any wise enabling me in this behalf do hereby make the Regulations following for the depasturing of stock upon the said lands described in the said first Schedule hereto (that is to say)—

REGULATIONS.

  1. The Superintendent may from time to time by a license under his hand authorise any person or persons to occupy any or all of the four several parcels of land described in the said first Schedule hereto for the purpose of depasturing stock thereon for any period not exceeding ten years as he may think fit subject to the terms and conditions hereinafter contained.

  2. Every such License shall be in the form in the second Schedule hereto, and shall be subject to the following terms and conditions which shall be implied therein (that is to say)—

    a. The terms and conditions contained in sections 96 to 103 both inclusive, and sections 135 to 159 both inclusive, of "The Otago Waste Lands Act, 1872," and all other the provisions of the said Act relating to Pastoral Leases.

    b. The terms and conditions contained in sections 16 and 17 of the "Gold Fields Act, 1866," and section 5 of the "Gold Fields Act Amendment Act, 1875 (No. 2)."

  3. In construing the provisions of the said sections herein incorporated, the words and expressions following shall have the meanings hereinafter assigned to them, unless such meanings be repugnant to, or inconsistent with the context (that is to say)—

    The words "Superintendent," "Board," shall mean respectively the Superintendent and the Waste Lands Board, of, and for the Province of Otago.

    The words "Receiver of Land Revenue" shall mean the Receiver of Land Revenue appointed for the Province of Otago.

    The word "lessee" shall mean licensee under these Regulations.

    The word "Hundred," and the words "great cattle" and "cattle," shall respectively have the same meanings as are assigned to the same words respectively in and by section three of "The Otago Waste Lands Act, 1872."

  4. The interest of the Licensee in any License issued under these Regulations may be sold with the consent of the Superintendent, and a new license for the residue of the term of the original License may thereupon be issued to the purchaser on payment of the fee for the same.

  5. Any person committing a breach of these Regulations shall be liable to the penalties provided by the Gold Fields Act, 1866.

The First Schedule above referred to:

  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 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.

  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 I 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 (272) chains and sixty (60) links thence by a line bearing 152° 51' 41" seven hundred and sixty-five (765) chains to a line bearing 242° 51' 41" one hundred and seventy-nine (179) chains to the most Easterly peg of Section I Block V Benger District thence along the North-east boundaries of Sections I Block V Benger District and I Block VI Teviot District in a line bearing 332° 51' 41" six hundred and twenty-four (624) chains and eighty-four (84) 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 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 West to the starting point.



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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1876, No 1019





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🗺️ Regulations for Depasturing Stock on Waste Lands in Otago Gold Field (continued from previous page)

🗺️ Lands, Settlement & Survey
2 May 1876
Depasturing Regulations, Waste Lands, Otago Gold Field, Proclamation, Leases
  • James Macandrew, Superintendent of the Province of Otago