Land Regulations




123

on land, over which the Native title has not been
extinguished, shall at any time within three months
after such title shall be extinguished, be entitled to
select an allotment of land of such form as the
Public Lands Board for the district within which such
land is situate shall prescribe, containing any
number of acres not exceeding three hundred, in-
cluding and adjacent to the site on which such person
shall have resided.

  1. Such allotment shall be sold to the person so
    selecting the same as aforesaid upon the same terms
    and conditions as are hereinafter prescribed in
    respect of Credit Land, and any improvements at
    any time made on the land so selected before the
    selection thereof, shall be deemed and taken as part
    of the improvements required to be made in respect
    of Credit Land under this Act.

  2. Before any Credit Land shall be sold, the
    Superintendent shall declare by notification in the
    Provincial Government Gazette, and in such news-
    papers in the Colony of New Zealand and elsewhere
    as he may think fit, that the same will be open for
    sale at a place, and on and after a day, to be fixed
    in the notification.

  3. All Credit Land shall be open for sale at the
    price of 10s. an acre, and shall be disposed of only
    to persons willing to purchase the same, subject to
    the conditions hereinafter contained, for the oc-
    cupation and improvement thereof.

  4. Any person upwards of sixteen years of age
    desirous of making a selection of Credit Land shall
    on application to the Public Lands Board for any
    District in the Province of Wellington, or to such
    other person in the colony of New Zealand as shall
    be appointed by the Superintendent to receive the
    same, be entitled upon payment of a sum after the
    rate of one shilling an acre by way of deposit, to
    receive a land order in a form to be, from time to
    time, prescribed by the Superintendent; Provided
    always that no person shall be entitled to any such
    land order for more than eighty or less than forty
    acres of land.

  5. Every such land order shall authorise the
    person entitled to the same, or his agent, consti-
    tuted in writing, to make a selection out of any
    Credit Land, which shall be open for selection at
    the time such person shall desire to make the same;
    Provided always that the land so selected shall be
    either in one allotment or in contiguous allotments:

  6. Every right of selection must be exercised
    within two calendar months from the date of the
    land order, if such land order has been issued in the
    Province of Wellington, but if such order has been
    issued elsewhere, within six months from the date
    hereof; and the selection under such land order
    shall be deemed to be complete whenever the person
    making the same shall have delivered such order
    during office hours at the Land Office of the District
    in which such land may be situate, together with a
    description in writing (under a sealed cover, with
    the words “Description of Credit Land” legibly
    written thereon), sufficient for the purpose of iden-
    tifying the land selected.

  7. All such sealed covers shall be opened at
    noon on the next Monday (not being a holiday), by
    the Public Lands Board of the district, and in the
    presence of any applicants, if they shall attend, and
    if there shall be more than one application for the
    same allotment, the said Public Lands Board shall
    at once decide by lot the priority of choice.

  8. Provided always that when the person so re-
    ceiving a land order does not make a selection
    within two months, or six months respectively after
    the date thereof, it shall be lawful for such person
    to return to the Land Office such land order and to
    receive back the amount paid for the same: Provided
    also that if any such order be not returned within
    seven days from the time within which the selection
    in respect of the same should have been made, such
    order shall be held to have lapsed, and the amount
    paid for the same forfeited.

  9. Any person whose application shall be granted
    shall be entitled to have immediate occupation of the
    land selected, and shall be entitled to a lease of the
    same for five years, in a form to be, from time to
    time, prescribed by the Superintendent, at a yearly
    rent, after the rate of sixpence an acre, payable
    quarterly; and the payment hereof before required by
    the way of deposit, shall be deemed to be in pay-
    ment of the first two years’ rent.

  10. After five years’ bona fide occupation, and the
    payment of the rent reserved by the lease, the lessee
    shall be entitled to a grant from the Crown in fee
    simple of the land contained in such lease on pay-
    ment of the price thereof, as aforesaid: Provided
    always that if the purchase money and all the rent
    due be not paid within six calendar months after
    the expiration of the lease, the land therein com-
    prised, together with all improvements thereon, shall
    be sold by auction, by order of the Superintendent,
    after two months’ notice, given in the Provincial
    Government Gazette, and in two of the newspapers
    published in the Province of Wellington; and the
    proceeds, after deducting all sums due in respect of
    the said land, and all expenses incident on the sale
    thereof, shall be paid over to the lessee forfeiting
    the claim, or to his appointee or representative:
    Provided that in default of such sale by direction of
    the Superintendent within twelve (12) calendar
    months after the expiration of the lease, the Gov-
    ernor may direct the sale of such land upon not less
    than two months’ notice given in such wise as he
    may think fit.

  11. Every person shall be deemed to have bona
    fide occupied any Credit Land under lease as afore-
    said, who shall have erected a habitable dwelling-
    house thereon during the first year, and made im-
    provements thereon, or any part thereof, after the
    rate of one acre in ten of open land, and one acre in
    twenty of forest land for every year, after the first
    year during such occupation. Such improvements
    to consist of tillage, or clearing of forest, or laying
    down to grass; and a residence during the whole
    term of five years by the lessee on any such land
    shall be deemed and taken to be equivalent to such
    improvements.

  12. Any lessee of Credit Land who shall at any
    time during the term of his lease have completed all
    the improvements which he is by these Regulations
    required to make during the whole term of five
    years, and who shall pay the sum of 10s. an acre,
    and also all rent accrued due, shall be forthwith
    entitled to a grant of the land included in such lease.

  13. If any lessee or any other person shall con-
    tinue in possession of land which shall have be-
    come forfeited under the provisions of these Regu-
    lations (unless an appeal as hereinafter provided be
    pending) he shall be deemed to be in the unlawful
    occupation of Waste Lands of the Crown, and shall
    forfeit and pay for every day during which he shall so
    continue in possession, the sum of 40s., to be re-
    covered before any Justice of the Peace in a sum-
    mary way.

  14. Every lessee of Credit Land shall forward
    to the Public Lands Board of the District in which
    such land is situate, on the last day of the second
    year, and on the last day of every subsequent year
    of the term of his lease, or within fifteen days after
    such days respectively, a return in writing of the
    improvements effected by him during the preceding
    year, and the nature of such improvements, which
    return shall be certified by two householders, and
    all such returns shall forthwith be published in
    the Provincial Government Gazette for general in-
    formation.

  15. Any lessee or his assign will be permitted to
    assign and transfer any Credit Land, subject to the
    terms and conditions prescribed in the original lease.



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Online Sources for this page:

VUW Te Waharoa PDF Wellington Provincial Gazette 1858, No 15





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🗺️ Additional Land Regulations for Wellington Province (continued from previous page)

🗺️ Lands, Settlement & Survey
Land Regulations, Public Lands Board, Land Office, Wellington Province