Otago and Southland Education Reserves Leasing Act 1878

Otago and Southland Education Reserves Leasing Act 1878

Local Act1878 No 47
Date of assent1 November 1878

An Act to regulate the Lease and Settlement of certain Education Reserves within the Provincial District of Otago.

  • Preamble

    WHEREAS the lands described in the Schedule hereto were set apart as educational endowments under the authority of The Otago Reserves Act 1874 [Repealed], and it was a special condition that, notwithstanding such reservation, the said lands should be available for settlement: And whereas the said lands are now vested in certain corporate bodies hereinafter mentioned, and it is expedient to make provision whereby a part of the said lands may be declared open for lease and settlement upon special conditions:

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title
  • The Short Title of this Act shall be The Otago and Southland Education Reserves Leasing Act 1878.

2 Interpretation
  • The term Commissioners in this Act means the School Commissioners of the Provincial District of Otago appointed under The Education Reserves Act 1877, and includes the corporations known as the Boys' and Girls' High Schools Boards of Otago and Southland respectively, in one or other of which Commissioners or corporations the lands described in the Schedule hereto are vested, and also shall include any other corporation in or to which any of the aforesaid lands may hereafter be vested or granted.

3 Land set aside for settlement
  • The Governor may, by warrant under his hand, from time to time, direct any of the Commissioners or Corporations in whom any of the said lands are vested, to set aside so much of the said lands for settlement and lease under this Act as he shall think fit, until the end of the next session of the General Assembly, but not exceeding in the whole twenty thousand acres, and may direct the lands so set aside to be subdivided for leasing into allotments not exceeding three hundred and twenty acres each, and may thereupon, by Proclamation, declare that such lands are open for leasing under this Act.

4 Governor in Council may determine conditions of leases
  • The Governor in Council may determine the terms and conditions on which the leases of the said lands shall be sold: Provided that—

    • (1) No person by himself or agent shall be permitted to lease more than one allotment:

    • (2) The term of each lease shall not exceed twenty-one years:

    • (3) The lands shall be put up at the upset price as rental, per acre per annum, of twenty cents:

    • (4) The land-tax shall in every case be paid by the lessee of the lands:

    • (5) The conditions, covenants, and stipulations of such leases shall be regulated by the Governor in Council:

    • (6) No fine, premium, or foregift shall be taken on such leases.

    The expression twenty cents was substituted, as from 10 July 1967, for the expression two shillings pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

5 Existing pastoral leases to be determined
  • When the Governor, by any such Proclamation, shall have declared that any of the said lands are open for settlement and lease under this Act, the pastoral license or lease in respect of the land specified in any such Proclamation shall determine and be void; and the lessee shall be entitled to all the rights for compensation in respect of the determination of such lease or license as he would have had under The Land Act 1877, in case such lands had never been reserved.


Schedule

EDUCATION RESERVES IN OTAGO.
Locality.Area.
Reserves in Otago Runs.ARP
Runs 193, 194, 202, 254B, 326, 327, and portion of 175B....................................................................
208,00000
Run 88...................................................................
6,67500
Run 301B...................................................................
78,50000
Runs 74, 161, and 162...................................................................
51,82500
Runs 205 and 213A...................................................................
40,00000