✨ Provincial Government and Gold Field Regulations
it would be no breach of faith next year to repeal any Act which may be passed this year to localise the land revenue. I feel that in placing faith in Acts of the Colonial Parliament the people have been heretofore too confiding, and I for one am determined not again to err in that direction.
And now, in conclusion, let me say that if even by an ejaculatory remark I have said anything distasteful I trust you will forgive me, as my duty to this Province has constrained me most reluctantly to obtrude this correspondence. I yet hope to see the Colonial Parliament granting to Otago that which she has a right to demand—namely, that the Province shall be governed as its people desire. Should, however, this be denied I am not singular in believing that the progress of the Colony will receive a heavy blow, and great discouragement, which will be most injurious. The uncertainty even now which exists as to what the next scheme of the Central Government may be is creating an uneasy feeling throughout the community, which you need not be told is highly detrimental to the progress of the Colony. I have the honour to be, Sir, your obedient servant,
JAMES MACANDREW,
Superintendent of Otago.
J. MACANDREW,
Superintendent
of the Province of Otago.
ORDER IN COUNCIL
At the Provincial Government Buildings, Dunedin, the sixth day of June, one thousand eight hundred and seventy-six.
Present:
His Honor the Superintendent,
JOHN DAVIE,
and
JAMES GREEN, Esquires,
Members of the Executive Council of the Province of Otago.
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 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 have from time to time been altered: 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 shall 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 an Ordinance of the Superintendent and Provincial Council of the Province of Otago entitled the “Executive Council Ordinance, 1861,” 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 by section XI. of the said “Gold Fields Act, 1866” it is enacted that it shall be lawful for the Governor in Council, subject to the provisions of the said Act, from time to time to make Regulations for any Gold Field and to alter amend or revoke the same: And whereas by an Order in Council dated the eighth day of December one thousand eight hundred and seventy-one and published in the Provincial Government Gazette of the Province of Otago aforesaid (number 772) of the ninth day of January one thousand eight hundred and seventy-two certain regulations were made under the said section XI of the said Act for the said Otago Gold Field: And whereas it is desirable to add to the said regulations:
Now therefore His Honor James Macandrew, Superintendent of the Province of Otago, by and with the advice 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 of Otago in this behalf doth hereby make the regulations following for the “Otago Gold Field” in addition to those now in force.
ALEX. WILLIS,
Clerk to the Executive Council
of the Province of Otago.
ADDITIONAL REGULATIONS FOR THE
“OTAGO GOLD FIELD.”
The Warden may require any applicant for a lease to appear personally before him at the hearing or adjourned hearing of his application and to give evidence upon oath, and if the Warden is satisfied that the applicant is in respect of the land applied for an agent or a servant of or a trustee for any other person or that the land is not applied for bona fide for the use and occupation and benefit of the applicant in his own proper person or that the applicant has entered into any agreement or understanding to permit any other person to acquire by purchase or otherwise the land in respect of which such application is made or any part thereof or the applicants interest therein or the usufruct thereof or if the applicant shall fail to appear after notice served upon him or upon any agent who may have lodged his application the Warden shall refuse the application and shall deal with any other application for the same land as though the application so refused had never been made.
Objections that the land is not applied for bona fide for the use, occupation and benefit of the applicant must be made in writing and lodged within the time and in the manner provided for other objections, but the Warden may on cause shown receive such objections at any time and the Warden may award to the objector and his witnesses or the applicant and his witnesses as the case may be reasonable costs and expenses in supporting or rebutting the objection as in the case of other objections, and payment thereof shall be enforced in the same manner.
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✨ LLM interpretation of page content
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Correspondence regarding Provincial Government and Land Sales
(continued from previous page)
🏛️ Governance & Central AdministrationProvincial Government, Land Sales, Railways, Engineering, Delegated Authority
- James Macandrew (Superintendent of Otago), Author of the correspondence
🗺️ Order in Council for Otago Gold Field Regulations
🗺️ Lands, Settlement & Survey6 June 1876
Gold Field, Regulations, Otago, Executive Council
- James Macandrew, Superintendent of Otago
- John Davie, Member of the Executive Council of the Province of Otago
- James Green, Esquire, Member of the Executive Council of the Province of Otago
- Alex. Willis, Clerk to the Executive Council of the Province of Otago
🗺️ Additional Regulations for the Otago Gold Field
🗺️ Lands, Settlement & SurveyGold Field, Regulations, Lease Applications, Warden
Otago Provincial Gazette 1876, No 1025