✨ Land Regulations
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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.
-
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. -
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. -
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. -
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. -
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: -
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. -
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. -
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. -
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. -
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. -
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. -
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. -
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. -
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. -
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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Additional Land Regulations for Wellington Province
(continued from previous page)
🗺️ Lands, Settlement & SurveyLand Regulations, Public Lands Board, Land Office, Wellington Province
Wellington Provincial Gazette 1858, No 15