Waste Lands Administration Act 1876
Waste Lands Administration Act 1876
Waste Lands Administration Act 1876
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Waste Lands Administration Act 1876
Public Act |
1876 No 51 |
|
Date of assent |
31 October 1876 |
|
Contents
An Act to make provision for the Administration of the Waste Lands of the Crown throughout the Colony.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title and commencement of Act.
The Short Title of this Act shall be “The Waste Lands Administration Act, 1876.”
It shall come into operation on the same day as “The Abolition of Provinces Act, 1875.”
IMMIGRANTS’ LAND
2 Immigrants Land Acts repealed.
“The Immigrants Land Act, 1873,”
and “The Immigrants Land Act Amendment Act, 1875,”
are hereby repealed. But this repeal shall in no way affect any rights or interests acquired or obligations entered into under the repealed Acts or either of them previously to the coming into operation of this Act, and then existing or unfulfilled.
Immigrants’ certificates available as cash.
Any Immigration Officer’s certificate of registration, showing the amount in value of land to which any immigrant is entitled, shall be received by every Receiver of Land Revenue, on his being satisfied of the identity of the party presenting the same, as cash to the amount expressed in such certificate, in payment of any land selected on deferred payments.
REMISSION CERTIFICATES TO VOLUNTEERS
3 Volunteers’ remission repealed, except for three years’ service already completed.
“The Volunteers Land Act, 1865,”
“The Volunteers Land Act Amendment Act, 1867,”
“The Volunteers Land Act 1865 Amendment Act, 1873,”
and every Act, Ordinance, or Resolution of any Provincial Council passed under the authority of the same, shall he and the same are hereby repealed.
No certificate entitling Volunteers to remission of money in the purchase of land shall hereafter be made except at the expiration of their respective full term of the service in respect of which remission certificates have heretofore been authorized to be granted, to such Volunteers who, at the time of the coming into operation of this Act, shall have completed three or more years of such service, and who would be entitled to remission certificates if this Act had not been passed.
(1.)
All claims for remission to which the applicants are now entitled, and all claims for exercise of scrip already issued, shall be barred unless made within twelve months of the time of the coming into operation of this Act.
(2.)
All claims for remission or for exercise of scrip to which applicants shall become entitled after the coming into operation of this Act shall be barred unless made within six months of the time of completion of the service in respect of which such claim shall arise, or of the issue of scrip in satisfaction of such claim respectively, as the case may be.
Part I GENERAL PROVISIONS
4 Interpretation.
The following words and expressions shall, unless there is something in the context repugnant or inconsistent therewith, have the meanings hereby attached to them:—
The term “Land District”
means the territory which, immediately before the coming into operation of this Act, was comprised in the Provinces of Auckland, Taranaki, Hawke’s Bay, Wellington, Nelson, Marlborough, Canterbury, Westland; and with respect to Otago, means the territories comprised within the Provinces of Otago and Southland, as the same were respectively constituted immediately before the passing of “The Otago and Southland Union Act, 1870.”
The term “confiscated lands”
means lands taken or acquired under the authority of “The New Zealand Settlements Act, 1863,”
and any Acts amending the same, “The Confiscated Lands Act, 1867,”
and any lands which, by “The East Coast Act, 1868,”
it is provided shall be deemed to be Crown lands.
The term “Waste Lands Act”
shall include “The Immigrants Land Act, 1873,”
“The Immigrants Land Act Amendment Acts, 1875,”
and any Act, Regulations, Proclamations, or Orders providing for or refitting to the sale or other disposal of waste lands of the Crown in force within a Land District.
The term “Waste Lands Board”
or “Board”
means any Waste Lands Board continued in office, or constituted or exercising any authority under this Act.
The word “license”
shall include “lease.”
The term “public notification”
or “public notice”
shall mean a notice published in one or more newspapers circulating in the county to which the act matter or thing required to be publicly notified shall relate or refer, or in matters relating to land, where such land is situated; and also a further publication of such matter, in addition, in the New Zealand Gazette, where the Board shall think it necessary.
5 Former Acts in force. Saving of rights.
All Proclamations, Orders in Council, and Regulations relating to confiscated lands, and every Waste Lands Act at present in force within any Land District, shall, except so far as the same are expressly or impliedly altered or repealed by this Act, continue in force as heretofore. And no such repeal or amendment, whether express or implied, shall affect any contract promise or agreement made by or on behalf of Her Majesty thereunder, previously to the coming into operation of this Act, and then incomplete or unfulfilled: And this Act shall not render invalid or in any way affect any act, matter or thing that may have been lawfully done, or any penalty incurred, previous to the coming into operation of this Act; but all actions suits appeals or other proceedings heretofore commenced and in progress may be continued and perfected, enforced and recovered, as if this Act had not been passed.
Former Regulations under Gold Fields delegations declared to have been valid.
(1.)
All regulations heretofore made by any Superintendent relating to the occupation of waste lands for pastoral, agricultural or mining purposes under or by virtue of the powers conferred upon him by “The Gold Fields Act, 1866,”
or under any power or authority delegated to him and his Executive Council under the said Act, shall be and be deemed to have been valid from their publication in the Provincial Government Gazette of the province within which such regulations are to apply.
Leases and licenses thereunder validated.
(2.)
All licenses or leases of any lands or mining claims issued under any such regulations shall be and are hereby declared to have been valid from the date of their execution.
Proceedings for rent in arrear or breach of conditions.
(3.)
In the event of any rent under any such leases or licenses being in arrear or unpaid, or in case any covenants or conditions in such leases or licenses have not been fulfilled on the part of the lessee or licensee, the Chief Commissioner of the Waste Lands Board of the land district wherein the land affected by such lease or license is situated, shall, by suit in any Court of competent jurisdiction, recover the said rent and damages for the breach of such covenants or conditions.
6 Waste Lands Board sole judges of fulfilment of conditions of occupation licenses.
In any case where at any time heretofore a lease or license has been granted to hold land on any system subject to the fulfilment of certain terms or conditions, the Waste Lands Board shall be the sole judges whether the conditions of any such license have been complied with, and shall have all the powers and authorities conferred upon any body or person by the Act under which any such license was granted, and shall proceed in the manner indicated in that behalf by such Act, notwithstanding its repeal, to enforce the fulfilment of the conditions of any such license, or to obtain possession of any land, improvements or money forfeited for breach of such conditions.
7 After auction, lands not necessarily sold by private contract.
Notwithstanding anything to the contrary contained in any Waste Lands Act, after land has been offered for sale by auction and not sold, it shall be only open for sale after thirty days’ public notice thereof shall have been given. It may then be—
(1.)
Either offered again from time to time, in one or more lots, for sale by public auction; or
(2.)
Declared open for sale on application in such lots, at such price per acre, as the Board shall determine, being a price not less in any case than the minimum price payable for land of the same quality that is open for selection for cash.
8 Notification by Board equivalent to proclamation.
Whenever any act matter or thing which heretofore was required to be done by any Superintendent by proclamation, shall be required to be done by any Waste Lands Board, such act matter or thing may be done by such Board by public notification.
TRESPASS UPON WASTE LANDS AND GOLD FIELDS, ETC.
9 Crown lands include lands in gold fields, &c.
The expression “Crown lands”
in “The Crown Lands Act, 1862,”
shall include, and shall be deemed to have always included, all Crown lands in the possession or occupation of the Crown, all waste lands of the Crown within the colony, all lands within any proclaimed gold fields, and all Native lands held on lease by the Crown during the subsistence of such lease.’
10 Trespassers on any Crown lands may be proceeded against.
The powers and duties of any Commissioner of Crown Lands for and on behalf the Crown, as enumerated in the following subsections of the seventh section of “The Crown Lands Act, 1862,”
that is to say,—
(c.)
To prevent unlawful trespassing or intrusion upon or occupation of Crown lands;
(d.)
To remove and expel all trespassers and intruders on and persons unlawfully occupying Crown lands, and to remove or cause to be removed therefrom all cattle stock goods chattels and effects whatsoever of such persons; and such cattle stock goods chattels and effects to impound in some public pound, and sell by public auction if the same be not replevied or redeemed within twenty-one days after being so impounded by payment of all expenses incurred by the removal and impounding thereof and incidental thereto, and also of all penalties which may have been incurred in consequence of the trespass or intrusion by such cattle stock goods chattels and effects; and the proceeds of any sale, after payment of the costs thereof, of the removal and impounding of such cattle and incidental thereto, and of all penalties aforesaid, shall be paid to the party entitled thereto on application to the Commissioner;
(h.)
To distrain, sue for and recover money due to the Crown for rent, or for use and occupation in respect of any Crown lands,
By authorized persons.
may be exercised and performed by any person duly authorized in writing in that behalf by such Commissioner. And all actions suits and proceedings respecting the observance or non-observance of the provisions of the above subsections, which a Commissioner of Crown Lands is empowered to institute and prosecute under the eighth and twelfth sections of the last-named Act, may be instituted and prosecuted by any person so authorized as aforesaid.
PREPAYMENT OF CROWN GRANT FEES
11 Crown grant fees and acreage fees to be prepaid.
From and after the coming into operation of this Act, there shall be paid by the purchaser of any lands, at the time when he shall complete the payment of the purchase money for the said land, or when he shall pay the last instalment of the purchase money if sold on deferred payments, over and above the price of the land, the amount of any fees that shall be payable for the grant under any Crown Grants Act for the time being in force: Provided that if on the issue of a Crown grant it shall appear that the amount of the fees paid on account of land included in such grant is more than would be payable for such grant, the balance shall be returned to the purchaser.
RESERVES
12 Governor may make provisional reserves for education, and as endowments for same.
It shall be lawful for the Governor, from time to time as he shall think fit, to make out of any waste lands of the Crown provisional reserves for educational purposes of a public character, and for the endowment of educational institutions of a like character, in manner following:—
Description to be gazetted.
(1.)
A full and complete description of every provisional reserve, and the purpose for which it shall have been dedicated, shall be published in the New Zealand Gazette.
Plans to be submitted to Assembly.
(2.)
Copies of every such Proclamation, with plans and description of each provisional reserve, shall be laid upon the Table of each House of the General Assembly within fourteen days after the publication thereof, or if the Assembly shall not then be in session, then within ten days after the commencement of the next Session thereof.
Assembly may vary or nullify.
(3.)
The two Houses may, by resolution jointly agreed to, alter vary or modify the area of any provisional reserve as they shall think fit, or they may nullify the same by a resolution disapproving thereof.
Resolution to be gazetted.
(4.)
A copy of every such joint resolution shall forthwith, after the passing thereof, be transmitted by the Clerk of each House to the Colonial Secretary, who shall, without delay, publish the same in the New Zealand Gazette.
In absence of resolution, reserve confirmed.
(5.)
In the absence of any resolution of both Houses with respect to any such provisional reserve, the said reserve shall forthwith after the termination of the Session be proclaimed by the Governor as not having been disapproved;
Reserve may be proclaimed as amended.
(6.)
In the event of a resolution of both Houses, altering varying or modifying the area of any provisional reserve, the Governor may, if he shall think fit, proclaim the same in its amended form.
Land in reserve nullified, to revert as waste lands.
(7.)
The land or any part thereof comprised in any provisional reserve shall cease to be a reserve in the event of a resolution of both Houses disapproving the same, and such land may then be dealt with as it might have been if it had never been proclaimed as a reserve.
Reserve to date from final gazetting.
(8.)
Prom and after the date of any Proclamation issued under either of subsections five or six hereof, the land comprised therein shall be deemed to be and shall be reserved for the purposes in such Proclamation mentioned.
Endowments to be sold, proceeds to be paid to institutions.
(9.)
All lands reserved under the provisions of this section for the endowment of educational institutions shall be subject to the provisions of the Waste Lands Act in force within the land district wherein such reserve is situated, with the exception that all the proceeds of any such reserve or any part thereof, as sold, shall be accounted for and paid by the Receiver of Land Revenue to the governing body, or to the trustees of any body having the care custody or control of the institutions respectively for which any such reserve was made.
LANDS DISCHARGED FROM RESERVATION
13 Cancelled reserves, &c., not to be sold without three months’ notice.
Whenever any land which, under or by virtue of any Act of the General Assembly or other law, or any power or authority given by any such Act or law, has been reserved or excluded in any manner from sale, shall become released or withdrawn from any such reservation or exclusion, and shall be in any manner opened for sale, public notification thereof shall be made forthwith, and such notification shall be repeated at least once at an interval of not less than a fortnight after the first publication thereof; and no sale whatever of any of such land or of any portion thereof shall be valid if made at any time before the expiration of three months at least after the day of the first publication of such notification.
CONFISCATED LANDS
14 Confiscated lands to be waste lands, subject to the ordinary Land Regulations. Minimum price one pound per acre.
The Governor may from time to time, by Proclamation in the New Zealand Gazette, proclaim the confiscated lands within any land district to be waste lands of the Crown; and from and after the coming into operation of this Act, no confiscated lands or any interest therein shall be sold leased or otherwise disposed of, except in accordance with the provisions of the laws relating to the sale, letting, disposal, and occupation of waste lands in force within the land district in which such confiscated lands are situated: All lands that have been purchased by or on behalf of the Crown with the proceeds of sale of any confiscated lands shall be deemed to be and to have been from the date of the purchase thereof confiscated lands: Provided that nothing herein contained shall authorize the sale of such lands at a less price than one pound per acre.
15 Reserves out of confiscated lands granted
All reserves of confiscated lands heretofore made or purporting to be made by the Governor in Council under any laws and regulations for the time being in force, may be granted by the Governor to such local governing body as he thinks fit, in trust for the specific purpose for which they were reserved.
16 To local governing bodies.
The term “local governing body”
in the foregoing section means and includes the Council of any city or borough constituted under “The Municipal Corporations Act, 1867,”
or under any other Act or Ordinance constituting such body, and also the Board of Commissioners, Board of Wardens, trustees, or the persons or body having the control or management of the local affairs of any town city district or place, and also the trustees of any body, whether incorporated or not, having the care custody or control of any schools, hospitals, museums, athenaeums, or institutions of a similar character, cemeteries, or charitable institutions.
LANDS PURCHASED IN NORTH ISLAND
17 Native lands purchased in North Island to be waste lands.
Whenever the Governor is satisfied that any lands purchased out of the sums authorized, under “The Immigration and Public Works Act, 1870,”
and any Act amending the same, to be issued and expended in the purchase of lands in the North Island of New Zealand, are free from Native claims and all difficulties in connection therewith, he shall by Proclamation declare such lands to be waste lands of the Crown, subject, except as hereafter provided, to be sold and dealt with according to the provisions of the laws regulating the sale and disposal of waste lands of the Crown for the time being in force in the land district in which such land is situated, and thereupon such lands so proclaimed shall become subject to such provisions.
INCOMPLETE LAND PURCHASES IN NORTH ISLAND
18 Incomplete purchases protected where money has been paid on account.
For the purpose of completing the negotiations now pending for the purchase of certain Native lands in the Native Land District of the Thames, it is hereby enacted that a certain notice by the Governor dated the fifteenth day of October, one thousand eight hundred and seventy-four, and published in the New Zealand Gazette under the provisions of the forty-second section of “The Immigration and Public Works Act Amendment Act, 1871,”
shall continue in full operation and effect as to all lands affected by the said notice, in respect of the purchase of which money has been paid on behalf of Her Majesty, until the completion of the said purchase, and whether such lands or any of them were or were not passed through the Native Land Court previous to the publication of the aforesaid notice.
NATIVE LANDS HELD ON LEASE BY CROWN
19 Crown leaseholds
With regard to any Native lands which are now held or that may hereafter he held on lease by the Queen,
The following provisions shall have effect:—
to be sold at auction according to Waste Lands Regulations.
(1.)
The Governor, on behalf of the Queen, may transfer the said lands to the Waste Lands Board of the land district wherein they are situated, who may sub-let the same, in accordance with the provisions of any Waste Lands Act in force in such district: Provided that no lands shall be dealt with until they have been brought under the control of the Waste Lands Board of the district in which they are situated.
Or let on lease.
(2.)
If there shall be no such provision in that behalf, such lands may be let on conditions to be from time to time made by the Waste Lands Board and approved by the Governor in Council.
Leases to be disposed of at auction.
(3.)
Every lease of such lands shall be disposed of by public auction at such time and place as the Board shall determine, but in no case until after ninety days’ public notice of such auction shall have been given, as well as of the terms and conditions of every such lease, and such notice shall also be published not less than four times in the Gazette.
SURVEYS OF NATIVE LANDS
20 Native Surveys may be brought under general administration.
In order to secure a general uniformity of surveys it shall be lawful for the Governor, by Order in Council, whenever he shall think it fit to do so, to order and direct that all surveys of Native lands for the purposes of “The Native Lands Act, 1873,”
or other Acts relating to Native land, at present conducted under the direction of the Inspector of Surveys, shall, from a day to be fixed in such order, be brought under the control and supervision of the Surveyor-General; and to prescribe regulations under which surveys of Native lands shall thereafter be conducted, and any such regulations at any time to alter amend or rescind, anything in “The Native Land Act, 1873,”
to the contrary notwithstanding.
WASTE LANDS BOARDS Temporary Boards
21 Auckland and Hawke’s Bay Boards established.
There shall be established within the Land Districts of Auckland and Hawke’s Bay respectively a Board of Commissioners, to be called respectively “The Waste Lands Board of Auckland”
and “The Waste Lands Board of Hawke’s Bay,”
to consist of the Commssioner of Crown Lands as ex officio member and chairman of the Board, and of five other Commissioners, all of whom shall be appointed and be removable by warrant under the hand of the Governor. And the said Boards shall come into office on the day of the coming into operation of this Act.
22 Existing Boards, duration of office.
The several persons who at the coming into operation of this Act constitute the Waste Lands Boards of the Land Districts of Taranaki, Wellington, Nelson, Marlborough, Canterbury, Otago, Southland, and Westland, shall continue to be the Waste Lands Boards of such land districts respectively, and, together with the Waste Lands Boards hereby constituted for Auckland and Hawke’s Bay, shall remain in office until the first day of December, one thousand eight hundred and seventy-seven, and no longer.
Members removable by Governor.
The Governor, by warrant under his hand, may remove any Commissioner of the said Boards, and all vacancies occurring in any of the said Boards shall be supplied by new appointments by the Governor.
23 Resignation of Commissioners.
If any Commissioner shall, by writing addressed to the Chief Commissioner, resign his office, or die, or become of unsound mind, or be adjudicated a bankrupt or insolvent, or take the benefit of or be brought under the operation of any Act relating to bankrupt or insolvent debtors, or be convicted of felony or any infamous crime, or be absent from three successive ordinary sittings of the Board without the leave of the Board, or otherwise become incapacitated to act as Commissioner, his seat at the Board shall be thereby vacated.
24 Commissioner not personally liable.
No Chief Commissioner or Commissioner of any Waste Lands Board shall be personally liable except for his own act and deed, nor for anything done by him in the execution of his office, except in cases where he shall be guilty of wilful neglect or default.
25 Payment of Commissioners.
Out of any moneys that may, from time to time, be appropriated to that purpose by the General Assembly, there shall be paid to every Commissioner of any Waste Lands Board (other than the Chief Commissioner), for his attendance at the meetings of the Board a sum not exceeding one pound sterling for every such attendance, and also a sum for travelling expenses actually incurred.
Unpaid Commissioners not disqualified for Assembly.
Provided that any Commissioner who shall not receive any payment or travelling expenses shall not be disqualified from a seat in the General Assembly, or become liable to any penalty under any Disqualification Act for the time being in force.
26 Conduct of business.
In the conduct of business by each Waste Lands Board the following provisions shall have effect:—
Meetings of Board. Adjournments.
(1.)
The Board shall sit at the Land Office in the principal town of the land district (hereinafter called “the Principal Land Office”
) at certain times to be determined by the Board, and approved of by the Governor, and published in the New Zealand Gazette. And the Board may adjourn from time to-time.
Special meetings.
Special meetings of the Board may be held, of which not less than twenty-four hours’ notice shall have been given to each member of the Board.
Chairman of Board ex officio.
(2.)
The Commissioner of Crown Lands, (hereinafter called the “Chief Commissioner,”
) when present, shall preside at every meeting of the Board as Chairman of Board ex officio, and shall have an original as well as a casting vote in all questions coming before the Board.
Absence of Chairman.
In the absence of the Chief Commissioner, then some member selected by those present at any meeting shall preside thereat, and such person so presiding shall have all the powers of the Chief Commissioner.
Decisions by majority.
(3.)
All questions coming before the Board shall be decided by a majority of the Commissioners present thereat.
Quorum.
(4.)
At all meetings of the Board three Commissioners shall form a quorum; and such meetings shall be open to the public, except the Board deems it necessary for the purpose of deliberation to require strangers to withdraw.
Land business by Board.
(5.)
All business connected with the sale letting disposal and occupation of waste lands shall be transacted by the Board.
Ordinary business by Chief Commissioner.
(6.)
All the routine business relating to the sale letting disposal and occupation of waste lands shall be transacted by the Chief Commissioner, subject to such instructions as may be given by the Board.
Disputes settled by Board.
(7.)
Every dispute and difference relating or incident to the sale letting disposal and occupation of waste lands, or to anything done under this Act, or to the interpretation or meaning hereof, shall be heard and determined by the Board.
Appeals.
(8.)
The decision of the Board on all matters to be by it heard and determined shall, subject to the provisions of “The Waste Lands Board Appeal Act, 1867,”
be final and conclusive.
Minutes to be kept.
(9.)
The Board shall keep a record of all its proceedings, in which shall be entered a full and particular account of all business transacted by it, and a minute of the opinion of the members of the said Board in cases where they differ and in which any member wishes his opinion to be recorded, which record shall be open to the inspection of any person at all reasonable hours, on payment of a fee of two shillings and sixpence for each inspection.
And other records.
(10.)
There shall be kept in the Principal Land Office, in a convenient form for reference, every letter application report and communication received at the office, and copies of those written therefrom, also every order made by the Board and by the Chief Commissioner, and a convenient index shall be made thereto, all of which shall be open to inspection by any person at all reasonable times, on payment of a fee of two shillings and sixpence for each inspection.
Rents &c. paid to the Receiver of Land Revenue.
(11.)
All rents fees assessments purchase moneys and other sums of money payable under the provisions of this Act shall be paid to the Receiver of Land Revenue for the time being, unless herein otherwise provided.
Board may charge fees for decision of disputed questions.
(12.)
It shall be lawful for every Board at its discretion to charge and receive for the decision of any disputed question which it is authorized to determine a fee not exceeding five pounds, to be paid by the party against whom its decision shall be made, to be recovered in a summary way, and the Board may require such fee to be deposited by each party before entering on the question; and the fee deposited by the party in whose favour the decision shall be made shall be forthwith returned to him.
Leases &c. signed by Chief Commissioner to be of same effect as if signed by the Board.
(13.)
Whenever the Waste Lands Board is authorized to grant a license or lease under any Waste Lands Act, the same shall, after approval by the Board, be signed by the Commissioner of Crown Lands by and on behalf of the Board, and shall be as valid and effectual if so signed as if signed by all the members of the Board.
27 No application receivable outside of Land Office.
No application whatsoever for the sale letting disposal or other occupation of waste lands shall be a valid and legal application unless such application shall have been made at the office of the Board, or at a duly established Land Office, during the hours when such office is open to the public for the transaction of business, anything in any Waste Lands Act to the contrary notwithstanding.
LEASE OR SALE OF LANDS OF SPECIAL VALUE
28 Board may sell lands of special value.
It shall at any time be lawful for any Waste Lands Board to offer for sale by auction, or to dispose of by lease in manner prescribed by the Waste Lands Acts in force in the district, and at such price as the Board may think fit, not being less than the price at present authorized by law within the land district, any land which may be deemed to possess special value owing to its superior quality for agricultural purposes, or owing to proximity of constructed or projected lines of railways, or on account of minerals or timber, or from improvements or otherwise or in respect whereof compensation shall have been paid to any person under any Act: Provided that the ground on which the Board shall deem such land to possess special value shall in every case be recorded on the minutes of the proceedings of the Board.
BROOMHALL SPECIAL SETTLEMENT
29 Governor may make special contract of sale to J. Broomhall.
It shall be lawful for the Governor to sell by private contract to John Broomhall, Esquire, now in the Colony of New Zealand, any block of land which he may select in any part of the colony, at such price and upon such terms and conditions as may be fixed by the Waste Lands Board of the district in which the land selected is situate, but subject to approval by the Governor of the price terms and conditions so fixed: Provided always that the price at which such land shall be sold shall not be less than that at which waste lands of the Crown are sold in the land district in which such lands may be situate.
Part II THE LAND DISTRICT OF AUCKLAND The existing law.
“The Auckland Waste Lands Act, 1874.”
“The Auckland Waste Lands Act 1874 Amendment Act, 1875.”
30 Act of 1874 amended.
“The Auckland Waste Lands Act, 1874,”
is hereby amended as follows:—
Sections repealed.
Sections five, seven, nine to fourteen inclusive, sixteen, twenty, sixty-six, seventy, seventy-five, and seventy-eight to eighty-three inclusive, are hereby repealed.
Amendments.
Section nineteen is hereby repealed, and in lieu thereof it is enacted that reserves for public purposes of a specific character may, upon the recommendation of the Board, be made by the Governor; and a full and complete description of such reserves, and of the purposes for which they shall have been reserved, shall forthwith be published in the New Zealand Gazette.
In the following sections there shall be substituted—
(1.)
“Governor on the recommendation of the Board”
for “Superintendent in his discretion”
in section fifteen, line 1; and “Governor”
for “Superintendent”
in line 4 of the same section.
(2.)
“Board”
for “Superintendent”
in sections seventeen, twenty-one, twenty-three, twenty-five, twenty-six, twenty-nine, thirty, thirty-two, thirty-five, thirty-eight, thirty-nine, fifty-one, fifty-four, sixty-one, sixty-two, sixty-four, sixty-five; sixty-seven, subsections 1, 2, and 3; and in section sixty-eight.
(3.)
“Board”
for “Commissioner”
in sections twenty-one, forty-one, forty-two, forty-three, forty-six, forty-seven, fifty, fifty-one.
(4.)
“Board with the assent of the Governor”
for “Superintendent with the advice and consent of his Executive Council”
in section twenty-four.
(5.)
“It”
for “he”
in section twenty-five, line 3; and “its”
for “his”
in section twenty-nine, line 6.
(6.)
All the words of section thirty after the word “sale”
in the second line are hereby repealed.
(7.)
“Board shall”
for “Commissioner shall with the approval of the Superintendent”
in section thirty-three.
(8.)
“Governor on the recommendation of the Board”
for “Superintendent,”
in sections fifty-six, fifty-seven, and fifty-eight.
(9.)
“General Assembly”
for “Provincial Legislature”
in section sixty-four, subsection 1.
(10.)
“The Waste Lands Board”
for “any Act of the Provincial Legislature”
in section sixty-four, subsection 2.
(11.)
“Board subject to the approval of the Governor”
for “Superintendent”
in section sixty-seven, line 1.
(12.)
“Board”
for “Commissioner, with the consent of the Superintendent,”
in section seventy-two.
(13.)
“Board”
for “Superintendent and Commissioner”
in section seventy-three.
(14.)
“Heard by the Board”
for “referred by the Superintendent to the Commissioner and two Justices of the Peace;”
and in lines 6 and 7 “Board”
for “Commissioner and Justices”
in section seventy-four.
“The Auckland Waste Lands Act 1874 Amendment Act, 1875”
31 Act of 1875 amended.
“The Auckland Waste Lands Act 1874 Amendment Act, 1875,”
is hereby amended as follows:—
Section six is hereby repealed; and the said Act is hereby amended by the substitution of “in the case of”
for “in respect of”
in section five, and by the substitution of the word “Board”
for the words “Superintendent,”
“Commissioner,”
and “Chief Surveyor,”
wherever the same occur except in lines 2 and 3 of section ten.
VALIDATION OF CERTAIN LAND ORDERS
32 Land orders issued by H. W. Farnall validated.
Notwithstanding anything in the provisions of this Act contained, it shall be lawful for the bona fide holders of any land orders or land scrip issued by Harry Warner Farnall in the United Kingdom during the time he held the appointment of Emigration Agent in the said Kingdom for the Province of Auckland, to tender any such land orders or land scrip in payment for waste lands in the said province purchased under the provisions of this Act, and such land orders or land scrip shall be accepted at the rate of ten shillings for each acre which they purport to entitle the holders thereof to select.
Part III THE LAND DISTRICT OF TARANAKI The existing law.
“The Taranaki Waste Lands Act, 1874.”
“The Taranaki Waste Lands Act 1874 Amendment Act, 1875.”
33 Act of 1874 amended.
“The Taranaki Waste Lands Act, 1874,”
is hereby amended as follows:—
Sections repealed.
The sections numbered six, seven to thirteen inclusive, fifteen to twenty-three inclusive, thirty-three, sixty-seven, and sixty-eight, are hereby repealed.
Amendments.
(1.)
In section fourteen, the words “Governor, on the recommendation of the Board,”
are substituted for “Board, with the consent of the Superintendent,”
in lines 1 and 2; the word “Governor”
for “Board”
in line 4; and all the words of the section after “this Act”
in line 9 are hereby repealed.
(2.)
In section twenty-eight, omit “Superintendent”
where it occurs, substitute “Board;”
lines 6 and 7, omit “by the Superintendent revoked, by a Proclamation,”
substitute “revoked by the Board by a subsequent notice.”
(3.)
In section twenty-nine, line 3, omit “Superintendent and the Provincial Council,”
substitute “Board.”
(4.)
In section thirty-two, line 3, omit “Provincial Council”
and “Superintendent,”
substitute respectively “Board”
and “Governor;”
the words “the uses of the Provincial Government and for other”
in lines 1 and 2, and all the words of the section after “Land Office”
in line 10, are hereby repealed.
(5.)
In section thirty-five, last line, omit “Superintendent and Provincial Council,”
substitute “Governor in Council.”
(6.)
In section thirty-six, line 4, omit “Superintendent,”
substitute “Governor.”
(7.)
In sections forty-two and forty-nine, omit “Superintendent,”
substitute “Board.”
(8.)
“Governor on the recommendation of the Board,”
for “Superintendent”
in section sixty-three.
(9.)
“Governor”
for “Superintendent”
in sections sixty-four, sixty-five, sixty-six, and sixty-seven.
MANAGEMENT OF TARANAKI PUBLIC RESERVES
34 Public reserves to be under control of Board.
The Taranaki Provincial Ordinance, intituled “The Public Reserves Trust Ordinance, 1861,”
is hereby repealed: Provided that nothing in such repeal shall affect or invalidate any contract or agreement with respect to the leasing of any lands which the Board of Trustees thereby constituted were authorized to make under such Ordinance.
All reserves, except educational reserves, of which, but for the repeal of such last-mentioned Ordinance, the Board of Trustees would have had the management, shall be under the management and control of the Waste Lands Board of the Province of Taranaki, subject to any laws or regulation for the time being in force affecting public reserves.
Part IV THE LAND DISTRICT OF HAWKE’S BAY The existing law.
“The Land Regulations Extension (Hawke’s Bay) Act, 1866.”
“The Hawke’s Bay Land Regulations Extension Act Amendment Act, 1868.”
“The Hawke’s Bay Renewal of Licenses Act, 1870.”
“The Hawke’s Bay Waste Lands Regulations Amendment Act, 1874.”
“The Hawke’s Bay Special Settlements Act, 1872.”
35 Act of 1872 amended
“The Hawke’s Bay Special Settlements Act, 1872,”
is hereby amended as follows:—
In the following sections there shall be substituted—
“Waste Lands Board, with the approval of the Governor,” for “Superintendent for the time being of the Province of Hawke’s Bay, with the consent of the Provincial Council,”
in section two, and in subsection 1 of section four.
“Board” for “Superintendent,”
“Commissioner of Crown Lands,”
and “Commissioner”
where they respectively occur in sections four and its subsections, and in sections six, seven, eight, nine, thirteen, fifteen, sixteen, and Schedule.
“Governor on the recommendation of the Board,” for “Superintendent of the Province of Hawke’s Bay, with the consent of the Provincial Council,”
in section seventeen.
“Governor” for “Superintendent,”
in section nineteen.
“The Hawke’s Bay Waste Lands Regulations Amendment Act, 1874.”
36 Act of 1874 amended.
“The Hawke’s Bay Waste Lands Regulations Amendment Act, 1874,”
is hereby amended as follows:—
Section twenty-four is hereby repealed.
In the following sections there shall be substituted—
(1.)
“Fifty-five”
for “sixty-five”
in sections four, ten, and nineteen.
(2.)
“Board”
for “Commissioner of Crown Lands,”
“Crown Lands Commissioner,”
in sections eleven and thirteen.
(3.)
“Board”
for “Commissioner”
in sections fourteen, lines 7 and 10, and twenty-six, subsection 4.
(4.)
“Board with the assent of the Governor”
for “Superintendent of the Province”
in sections nineteen and twenty-two; and for “Superintendent”
in sections twenty-one, line 1; twenty-five, line 5; and twenty-six, line 6.
(5.)
“Board”
for “Superintendent”
in sections twenty, twenty-one, line 4, and twenty-six, line 10.
(6.)
“Receiver of Land Revenue”
for “Crown Lands Commissioner”
in section twenty-six, subsections 2 and 3.
(7.)
“Public notice”
for “Proclamation under his hand, and,”
in sections nineteen, twenty, and twenty-one.
(8.)
“Prepared”
for “rendered”
in section eighteen.
(9.)
The words “to the Superintendent”
in section eighteen, and the words “by the Superintendent”
in sections nineteen and twenty-six, subsection 1, also the words “by him”
in section nineteen, last line but one, are hereby repealed.
(10.)
In section eight, lines 3, 4, 5, omit “Superintendent, by writing under his hand, to direct the Commissioner of Crown Lands to put up again for sale by auction,”
substitute “Board to direct that;”
and add to the section, “shall be again offered for sale by auction in manner hereinbefore provided.”
(11.)
In section twenty-one, the words “and small-farm settlements”
in line 2 are hereby repealed.
(12.)
In section twenty-two, lines 1 and 2, omit “or for small-farm settlements,”
substitute “and all suburban lands.”
In lines 2 and 3, the words “by Proclamation”
are hereby repealed. Lines 6 and 7, omit “dealt with from time to time by an Act or Acts of the Provincial Council of the province under,”
and substitute “deemed to be public reserves within the meaning of.”
(13.)
In section twenty-three, line 1, omit “It shall he the duty of the Superintendent to,”
substitute “The Governor, on the recommendation of the Board, shall.”
Line 4, omit all the words of the section after “and such,”
substitute “reserves, when so made, shall be deemed to be public reserves within the meaning of.”
Part V THE LAND DISTRICT OF WELLINGTON The existing law.
“The New Zealand Land Regulations, 4th March, 1853.”
“The Additional Land Regulations, 16th June, 1855.”
“The Pastoral Regulations, 16th June, 1855.”
“The Wellington Waste Lands Amendment Act, 1865.”
“The Wellington Waste Lands Act, 1870.”
“The Wellington Waste Land Regulations Amendment Act, 1871.”
“The Wellington Special Settlements Act, 1871.”
“The Wellington Special Settlements Act Amendment Act, 1874.”
“The Wellington Land Payments Act, 1874.”
37 Repeal of Act.
“The Wellington Land Payments Act, 1874,”
is hereby repealed.
TOWNSHIP LANDS
38 Township lands not to be deemed town lands; may be re-classified.
Notwithstanding that any lands shall have been proclaimed as sites for townships, such lands shall not be deemed to be town lands unless they shall have been actually set apart as sites for towns; and it shall be lawful for the Board to re-classify such township lands, and sell the same for such price as they shall think fit.
REGULATIONS AND ACTS AMENDED
39 Regulations amended.
The several Regulations above enumerated are hereby amended as follows:—
“The New Zealand Land Regulations, 4th March, 1853.”
In regulation seven, omit “Commissioner of Crown Lands (or other officer appointed in that behalf),”
substitute “Receiver of Land Revenue.”
In regulations fifteen and seventeen, omit “Commissioner of Crown Lands,”
substitute “Board.”
“The Additional Land Regulations, 16th June, 1855.”
Regulations numbered three to five inclusive are hereby repealed.
In regulations two, six, and nine, the words “for the sites of agricultural and small-farm settlements,”
“or agricultural or small-farm settlements,”
“and agricultural settlements (except always the small-farm reserves),”
are hereby repealed.
In regulations one, two, seven, and eight, omit “Superintendent,”
substitute “Board.”
In regulation fourteen, omit “Proclamation of the Superintendent,”
substitute “the Board.”
Pastoral Regulations.
Regulations numbered five to eight inclusive are hereby repealed.
In regulations one, three, ten to thirteen, and in sixteen, and in all subsections (except in the fifth subsection to regulation eleven), omit. “Land Commissioner”
and “Commissioner”
where they occur, substitute “Board.”
In regulation seven, omit “his duty,”
substitute “the duty of the Board.”
In regulations two and eleven, subsection 5, omit “Commissioner”
and “Land Commissioner,”
substitute “Receiver of Land Revenue.”
Schedule B, omit “lodged with me,”
substitute “lodged with the Board.”
“The Wellington Waste Lands Amendment Act, 1865.”
40 of 1865 amended.
“The Wellington Waste Lands Amendment Act, 1865,”
is hereby amended as follows:—
Sections two to six inclusive are hereby repealed.
In section ten, line 2, omit “Land Commissioner,”
substitute “Board.”
“The Wellington Waste Lands Act, 1870.”
41 Act of 1870 amended.
“The Wellington Waste Lands Act, 1870,”
is hereby amended as follows:—
In section three, lines 2 and 3, omit “Commissioner of Crown Lands of the Province of Wellington,”
substitute “Board.”
Lines 10 and 11, omit “Provincial Council of the said Province,”
substitute “Governor.”
“The Wellington Waste Lands Regulations Amendment Act, 1871.”
42 Act of 1871 amended.
“’The Wellington Waste Lands Regulations Amendment Act, 1871,”
is hereby amended as follows:—
Sections two to seven, inclusive, are hereby repealed. In sections eight, and nine, omit “Superintendent”
and “said Superintendent”
where they occur, substitute “Board.”
In section eight, lines 7 and 8, omit “by the Superintendent revoked,”
substitute “revoked by the Board.”
In sections eight and nine, the words “by such Superintendent”
are hereby repealed.
“The Wellington Special Settlements Act, 1871.”
43 “Special Settlements Act, 1871,”
amended.
“The Wellington Special Settlements Act, 1871,”
is hereby amended as follows:—
In the following sections there shall be substituted—
“Board, with the approval of the Governor,” for “Superintendent for the time being of the Province of Wellington, with the advice of his Executive Council,”
in section two, and in subsection 1 of section four.
“Board” for “Superintendent,”
“Commissioner of Crown Lands,”
and “Commissioner,”
where they respectively occur in section four and its subsections, and in sections six, seven, eight, nine, thirteen, fifteen, sixteen, and Schedule.
“Governor, on the recommendation of the Board,” for “Superintendent of the Province of Wellington with the advice of his Executive Council,”
in section eighteen.
“Governor” for “Superintendent”
in section nineteen.
“Governor” for “Superintendent with such advice as aforesaid,”
in section twenty.
Sections twenty-one and twenty-two are hereby repealed.
“The Wellington Special Settlements Act Amendment Act, 1874.”
44 Act of 1874 amended.
“The Wellington Special Settlements Act Amendment Act, 1874,”
is hereby amended as follows:—
Substitute “the Board”
for “he”
in line 5 of section two, and for “him”
in lines 2 and 3 of section three.
Substitute “Waste Lands Board”
for “Superintendent”
in sections two and three.
Omit “with the advice of his Executive Council,”
in lines 3 and 5 of section two, and substitute “with the approval of the Governor.”
Part VI THE LAND DISTRICT OF NELSON The existing law.
“The Nelson Special Settlements Act, 1872.”
“The Nelson Waste Lands Act, 1874.”
45 Act of 1872 amended.
“The Nelson Special Settlements Act, 1872,”
is hereby amended as follows:—
In section two, substitute “Board with the approval of the Governor”
for “Superintendent of the Province of Nelson with the advice of his Executive Council.”
In section seven, substitute “Board”
for “Superintendent,”
and “it”
for “he”
in the last line of the section.
46 Act of 1874 amended.
“The Nelson Waste Lands Act, 1874,”
is hereby amended as follows:—
Sections five, six, seven, forty-three, forty-four to forty-nine inclusive, seventy-seven, and seventy-eight, are hereby repealed.
In the following sections there shall be substituted—
(1.)
“Board”
for “Commissioner”
in sections thirty-one, thirty-two, thirty-five, forty, forty-one, forty-two, sixty-seven, sixty-eight, eighty-one, and in the second line of section fifty-one.
(2.)
“Receiver of Land Revenue”
for “Commissioner”
at its second occurrence in section fifty-one.
(3.)
“Payment”
for “receipt”
in section eighty-nine.
In sections forty and forty-two respectively, the words “or other person duly authorized to receive the same,”
and “if he shall think fit,”
are hereby repealed.
In section forty-two, line 2, after “withhold from sale”
insert “or reserve for any or either of the purposes mentioned in this Act.”
In section sixty-two, line 4, after “written notice”
insert “to the Board.”
Part VII THE LAND DISTRICT OF MARLBOROUGH The existing law.
“The Marlborough Waste Lands Act, 1867.”
“The Marlborough Waste Lands Act 1867 Amendment Act, 1874.”
47 Act of 1867 amended.
“The Marlborough Waste Lands Act, 1867,”
is hereby amended as follows:—
Sections two to six inclusive, fifty to fifty-nine inclusive, and sixty-one, are hereby repealed.
In the following sections there shall be substituted—
(1.)
“Board”
for “Commissioner,”
“Land Commissioner,”
“Commissioner of Crown Lands,”
wherever they occur in sections eighteen, thirty-six, sixty-four, sixty-five, sixty-six, sixty-seven subsections 1 and 6 only, sixty-nine, seventy-four, seventy-eight, eighty-three, eighty-four, eighty-five, ninety, and ninety-one,
(2.)
“Board”
for “Commissioner or other person duly authorized to receive the same”
in section thirty-five.
(3.)
“Receiver of Land Revenue”
for “Commissioner”
in section sixty, line 5, and in section sixty-seven, subsection 5.
(4.)
“Board”
for “Commissioner of Crown Lands”
in the third line of section sixty.
In section sixty-five, line 2, omit “his duty,”
substitute “the duty of the Board.”
In section seventy-five, line 2, after “deposit,”
insert “with the Receiver of Land Revenue.”
In section eighty-eight, lines 4 and 5, omit “Commissioner,”
and “Commissioner of Crown Lands”
in line 11 only, and substitute respectively “Board.”
The words “by the Commissioner”
in sections sixty-eight and seventy-seven, and “with the approval of the Superintendent”
in section eighty-three, are hereby repealed.
Schedule C, line 2, omit “with me,”
substitute “with the Waste Lands Board.”
Line 5, after “Now therefore I”
insert “on behalf of the said Board.”
“The Marlborough Waste Lands Act 1867 Amendment Act, 1874.”
48 Act of 1871 amended.
“The Marlborough Waste Lands Act 1867 Amendment Act, 1874,”
is hereby amended as follows:—
Sections eighteen to twenty inclusive are hereby repealed.
In section four, lines 1 and 2, omit “with the consent of the Superintendent,”
substitute “with the assent of the Governor.”
In section eight, lines 2 and 7, omit “receipt,”
substitute “payment.”
Part VIII THE LAND DISTRICT OF CANTERBURY The existing law.
“The Waste Lands Regulations, 9th February, 1856.”
“The Amended Regulations, 11th August, 1856.”
“The Waste Lands Regulations Amendment Ordinance, 1857.”
“The Waste Lands Regulations Amendment Ordinance, 1858.”
“The Canterbury Waste Lands Act, 1864.”
“The Canterbury Waste Lands Act, 1865.”
“The Canterbury Waste Lands Act, 1866.”
“The Canterbury Waste Lands Act, 1867.”
“The Canterbury Waste Lands Act, 1869.”
“The Canterbury Waste Lands Act, 1873.”
“The Canterbury Temporary Mining Reserves Act, 1869.”
49 Interpretation.
The words “the Regulations”
in this Part of this Act shall mean all Regulations, Acts, and Ordinances now in force in the Land District of Canterbury relating to the sale letting disposal or occupation of the waste lands of the Crown therein. The clauses hereinafter mentioned and denoted by their numbers shall refer to the clauses or that part of the Regulations which was brought into operation and enacted under and by the various Acts Ordinances Bills and Regulations mentioned in the Schedule to “The Waste Lands Act, 1858,”
as relating to the Province of Canterbury, and which the said Act declared should have the force and effect of law, and which part of the Regulations is contained in eighty-two clauses numbered consecutively in the reprint copy of the said Regulations published by order of the Provincial Government of Canterbury.
The Land Regulations
50 Regulations amended.
The Waste Lands Regulations, as defined in section forty-nine hereof, are hereby amended as follows:—
Regulations three to twelve inclusive, fourteen to seventeen inclusive, twenty, forty-three, and seventy-one are hereby repealed.
In the following regulations there shall be substituted—
(1.)
“Governor”
for “Superintendent”
in nineteen and twenty-three.
(2.)
“Board”
for “Superintendent”
in twenty-one, twenty-two, twenty-five, twenty-seven, and seventy-five.
(3.)
“Board”
for “Provincial Council”
and “Superintendent and Provincial Council”
where they occur in nineteen, twenty-three, and seventy-four.
(4.)
“Receiver of Land Revenue”
for “Treasurer of the Waste Lands Board”
and “Treasurer”
where they occur in twenty-seven, thirty-one, thirty-two, forty, fifty-one, fifty-seven, fifty-eight, sixty-five, sixty-six, seventy, and in Schedules A and B.
Regulation thirteen, line 20, the words “Superintendent on the recommendation of the”
are hereby repealed.
Regulation nineteen, the words “the uses of the Provincial Government and for other”
in lines 1 and 2, and all the remainder of the clause after the word “office”
in line 13, are hereby repealed.
Regulation twenty-one, all the words of the clause after “thereon,”
in line 3, are hereby repealed.
Regulation twenty-two, the words “upon the recommendation of the Provincial Council,”
in lines 2 and 3, are hereby repealed.
Regulation twenty-four, lines 3 and 4, omit “Superintendent and the Provincial Council,”
substitute “Board with the assent of the Governor.”
Regulation fifty-one, lines 4 and 5, omit “on any sitting day of the Board,”
substitute “on any day.”
Regulation fifty-six, all the words after “original license,”
in line 7, are hereby repealed.
“The Canterbury Waste Lands Act, 1865.”
51 Act of 1865 amended.
“The Canterbury Waste Lands Act, 1865,”
is hereby amended as follows:—
Section two, omit “Superintendent and Provincial Council,”
substitute “Board.”
Section four, omit “Superintendent,”
substitute “Board.”
Section nine is hereby repealed.
“The Canterbury Waste Lands Act, 1866.”
52 Act of 1866 amended.
“The Canterbury Waste Lands Act, 1866,”
is hereby amended as follows:—
Section seven, line 3, omit “Treasurer of the Board,”
substitute “Receiver of Land Revenue.”
Section ten, lines 4 and 5, omit “Superintendent”
and “Provincial Council,”
substitute respectively “Governor”
and “Board;”
and in last line omit “Superintendent and Provincial Council,”
substitute “Board with the assent of the Governor.”
“The Canterbury Waste Lands Act, 1867.”
53 Act of 1867 amended.
“The Canterbury Waste Lands Act, 1867,”
is hereby amended as follows:—
Section eleven, omit “Superintendent, with the advice and consent of the Executive Council, by writing under his hand,”
substitute “Board.”
“The Canterbury Waste Lands Act, 1869.”
54 Act of 1869 amended.
“The Canterbury Waste Lands Act, 1869,”
is hereby amended as follows:—
Section nine, omit “Superintendent and Provincial Council of the said province by Ordinance to be passed by it in that behalf to enact,”
substitute “Governor on the recommendation of the Board to declare.”
Section ten, lines 20 and 21, omit “Treasurer of the Waste Lands Board,”
substitute “Receiver of Land Revenue.”
Section eleven, line 1, omit “Superintendent of the said province,”
substitute “Board.”
Line 4, omit “which it shall not be lawful for the Waste Lands Board to include,”
substitute “which shall not be included.”
Lines 10 and 11, omit “said Superintendent,”
substitute “Board.”
Omit all the remainder of the section after “altered except,”
in line 15, substitute “with the assent of the Governor.”
“The Canterbury Waste Lands Act, 1873.”
55 Act of 1873 amended.
“The Canterbury Waste Lands Act, 1873,”
is hereby amended as follows:—
Section three, the words “Superintendent on the recommendation of the,”
in line 17, are hereby repealed.
Section five, the words “the uses of the Provincial Government, and for other,”
in lines 2 and 3, are hereby repealed. Lines 4 and 5, omit the words “Provincial Council”
and “Superintendent,”
substitute respectively “Board”
and “Governor.”
The whole of the proviso to the section is hereby repealed.
Section six is hereby repealed.
Section seven, lines 4 and 5, omit “Superintendent or the Board, or by the Chief Surveyor under the authority of the Superintendent,”
substitute “Board.”
All the remainder of the section after “Land Office,”
in line 6, is hereby repealed.
Section eight, line 2, omit “Superintendent,”
substitute “Board.”
After section nine add the following clauses:—
(1.)
The notification by the Superintendent of Canterbury, bearing date the fifth day of April, one thousand eight hundred and seventy-three, and contained in the Gazette of the Province of Canterbury of the seventh day of April, one thousand eight hundred and seventy-three, “That all tracks as laid down on the authenticated maps in the Land Office shall be deemed to be roads; and further, that all roads and tracks shall constitute frontages for the purpose of selection, in terms of the thirty-sixth clause of the Land Regulations of the Province of Canterbury,”
is hereby cancelled, and shall henceforth have no effect.
(2.)
In any case where land for which application is made abuts upon two frontages, it shall be in the discretion of the Board to determine which frontage shall be taken for the purpose of selection.
“The Canterbury Temporary Mining Reserves Act, 1869.”
56 Temporary Mining Reserves Act amended.
“The Canterbury Temporary Mining Reserves Act, 1869,”
is hereby amended as follows:—
Section two, line 1, omit “Superintendent,”
substitute “Waste Lands Board.”
Line 2, omit “he,”
substitute “it.”
Lines 4, 5, and 6, omit “the Session of the Provincial Council next after the issue of such Proclamation,”
substitute “six months.”
Section three, line 1, omit “Superintendent after he,”
substitute “Board after it.”
PRE-EMPTIVE RIGHTS IN CANTERBURY
57 Pre-emptive rights to cease on 1st May, 1880.
All rights of pre-emption heretofore granted in the Land p District of Canterbury shall, on and after the first day of May, one thousand eight hundred and eighty, absolutely cease and determine.
Part IX THE LAND DISTRICT OF OTAGO The existing law.
“The Otago Waste Lands Act, 1872.”
“The Otago Hundreds Proclamations Validation Act, 1873.”
“The Otago Waste Lands Administration Act, 1874.”
“The Otago Waste Lands Act 1872 Amendment Act, 1875.”
“The Otago Settlements Act, 1869.”
“The Otago Settlements Act, 1871.”
58 Repeal of Acts.
“The Otago Settlements Act, 1869,”
and “The Otago Settlements Act, 1871,”
are hereby repealed.
“The Otago Waste Lands Act, 1872.”
59 Act of 1872 amended.
“The Otago Waste Lands Act, 1872,”
is hereby amended as follows:—
Sections six to thirteen inclusive, fifteen to twenty-five inclusive, and forty-six are hereby repealed.
In the following sections there shall be substituted—
(1.)
“Governor, on the recommendation of the Board,”
for “Board, with the consent of the Superintendent,”
in lines 1 and 2; “Governor”
for “Board”
in line 4 of section fourteen.
(2.)
“Governor”
for “Superintendent”
in sections twenty-eight, thirty-four, thirty-six, seventy-seven, one hundred and thirty-three, one hundred and forty-two, one hundred and forty-four, one hundred and forty-five, one hundred and fifty-one, one hundred and sixty, one hundred and sixty-three, and one hundred and sixty-nine.
(3.)
“Assent of the Governor”
for “consent of the Superintendent”
in sections forty-five, eighty-five, eighty-six, one hundred and fifty, and one hundred and fifty-one.
(4.)
“Governor in Council”
for “Superintendent and Provincial Council”
in sections twenty-seven, twenty-nine, and thirty-six.
(5.)
“Board, with the approval of the Governor,”
for “Superintendent, with the advice and consent of the Provincial Council,”
in section forty-seven.
(6.)
“Board”
for “Superintendent”
and “Superintendent and the Provincial Council”
in sections thirty-seven; fifty-four, subsection 6; and sections ninety-six, ninety-seven, and ninety-nine A.
(7.)
“Board”
for “Provincial Council”
in section one hundred and sixty.
(8.)
“Subject to the approval of the Governor”
for “with the concurrence of the Superintendent”
in section eighty-nine, and for “upon recommendation of the Superintendent and Provincial Council”
in section one hundred and fifty.
The following words shall be repealed:—
(1.)
Section fourteen, all the words of the section after the Words “this Act”
in line 9.
(2.)
Section thirty-five, the words “with the consent of the Superintendent.”
(3.)
Section forty-seven, all the words of the proviso to the section.
(4.)
Section fifty-one, the words “subject to the approval of the Superintendent.”
(5.)
Section seventy-four, the words “by the Superintendent.”
(6.) Section one hundred and forty-two, all the words of the proviso to the section.
(7.)
Section one hundred and sixty, the words “the uses of the Provincial Government and for other,”
in lines 1 and 2, and all the words of the proviso to the section.
60 Where selectors intermarry, occupation of one allotment sufficient.
Whenever any two persons who have obtained licenses to occupy waste lands set apart for settlement on deferred payments in accordance with the provisions of “The Otago Waste Lands Act, 1872,”
shall have lawfully intermarried at some period not sooner than twelve months from the issue of the last of such licenses, it shall be lawful for the Waste Lands Board to authorize such persons to reside on such one of the allotments so selected as the Board thinks fit.
Occupation of such one allotment in accordance with the permission of the said Board shall be deemed a compliance with the conditions of the fifth subsection of the fifty-fourth section of the said Act, in respect of the several allotments selected by such two persons.
“The Otago Waste Lands Administration Act, 1874.”
61 Act of 1874 amended.
“The Otago Waste Lands Administration Act, 1874,”
is hereby amended as follows:—
Section two, lines 6 and 7, omit “Superintendent,”
substitute “Board.”
Section three, lines 1 and 2, the words “with the consent of the Superintendent”
are hereby repealed.
Section seven, substitute “Board”
for “Superintendent.”
Part X THE LAND DISTRICT OF SOUTHLAND, INCLUDING STEWART’S ISLAND The existing law.
“The Southland Waste Lands Act, 1865.”
“The Southland Waste Lands Amendment Act, 1867.”
“The Southland Waste Lands Act Amendment Act, 1872.”
“The Southland Waste Lands Act Amendment Act, 1873.”
“The Southland Waste Lands Act Amendment Act, 1875.”
62 Act of 1865 amended.
“The Southland Waste Lands Act, 1865,”
is hereby amended as follows:—
Sections five to eleven inclusive, thirteen to fifteen inclusive, seventeen, and thirty-six are hereby repealed.
In the following sections there shall be substituted “Board”
for “Superintendent”
: in sections eighteen, twenty-one, and twenty-three.
Section sixteen, lines 1 and 2, the words “the uses of the Provincial Government and for other”
are hereby repealed. Lines 2 and 3, omit “Provincial Council”
and “Superintendent,”
substitute respectively “Board”
and “Governor.”
The whole of the proviso to the section is hereby repealed.
Section eighteen, omit at the end of the section “resolution of the Provincial Council assented to by the Superintendent,”
substitute “Proclamation of the Governor.”
Section nineteen, lines 1 and 2, omit “Superintendent”
and “Provincial Council,”
substitute respectively “Governor”
and “Board.”
Section thirty-four, line 11, omit “Waste Lands Board,”
substitute “Receiver of Land Revenue.”
Section fifty-eight, lines 4 and 5, omit “on any sitting day of the Board,”
substitute “on any day.”
Section seventy-three, line 2, the words “Superintendent and”
are hereby repealed. Line 4, omit “warrant of the Superintendent,”
substitute “order of the Board.”
Section seventy-five, line 4, omit “Superintendent and Provincial Council,”
substitute “Board.”
“The Southland Waste Lands Amendment Act, 1867.”
63 Act of 1867 amended.
“The Southland Waste Lands Amendment Act, 1867,”
is hereby amended as follows:—
Sections numbered four, five, six, and eight are hereby repealed.
Section seven, lines 1 and 2, omit “consent of the Superintendent and., Executive Council of the Province,”
substitute “assent of the Governor in Council.”
Section seventeen, lines 1 and 2, omit “consent of the Superintendent,”
substitute “assent of the Governor.”
Section nineteen, at the end, omit “with the concurrence of the Superintendent,”
substitute.“subject to the approval of the Governor.”
“The Southland Waste Lands Act Amendment Act, 1872.”
64 Act of 1872 amended.
“The Southland Waste Lands Act Amendment Act, 1872,”
is hereby amended as follows:—
Section two, lines 2 and 3, omit “Superintendent and Provincial Council of Otago,”
substitute “Board with the assent of the Governor.”
Lines 3 and 4, omit “Superintendent and Provincial Council,”
substitute “Board with such assent.”
“The Southland Waste Lands Act Amendment Act, 1873.”
65 Act of 1873 amended.
“The Southland Waste Lands Act Amendment Act, 1873,”
is hereby amended as follows:—
Section four is hereby repealed.
Section three, lines 7 and 8, omit “Superintendent and the Provincial Council of Otago,”
substitute “Board.”
Section five, substitute “Board with the approval of the Governor”
for “Superintendent,”
and “Board”
for “Commissioner of Crown Land;”
omit the words “with the advice and consent of the Provincial Council.”
“The Southland Waste Lands Act Amendment Act, 1875.”
66 Act of 1875 amended.
“The Southland Waste Lands Act Amendment Act, 1875,”
is hereby amended as follows:—
Section two, the words “with the approval of the Superintendent”
are hereby repealed.
Sections eleven and thirteen, omit “Superintendent”
where it occurs, substitute “Governor.”
Section twelve, omit “consent of the Superintendent,”
substitute “assent of the Governor.”
Part XI THE LAND DISTRICT OF WESTLAND The existing law.
“The Westland Waste Lands Act, 1870.”
“The Westland Waste Lands Act Amendment Act, 1873.”
“The Westland Waste Lands Act Amendment Act, 1874.”
67 Act of 1870 amended.
“The Westland Waste Lands Act, 1870,”
is hereby amended as follows:—
Sections numbered eight to fourteen inclusive, sixteen to nineteen inclusive, and eighty to eighty-two inclusive, are hereby repealed.
Sections thirty-two and thirty-three, omit “County Council,”
substitute “Board.”
Sections thirty-two and fifty-six, the words “County Council approved by the”
and “County Council and”
are hereby repealed.
“The Westland Waste Lands Act Amendment Act, 1873.”
68 Act of 1873 amended.
“The Westland Waste Lands Act Amendment Act, 1873,”
is hereby amended as follows:—
Section seven, line 5, the words “Provincial Council and”
are hereby repealed.
Section seventeen, lines 1 and 2, omit “consent of the Superintendent,”
substitute “assent of the Governor.”
Section twenty, at the end, omit “with the concurrence of the Superintendent,”
substitute “subject to the approval of the Governor.”
69 When more than one applicant.
When there is more than one applicant on the same day for any block of land, the same shall be put up to public auction.
HOKITIKA AND GREYMOUTH TRAMWAY COMPANY—COMPENSATION LAND
70 Grant of land in full satisfaction of all claims of Company.
It shall be lawful for the Hokitika and Greymouth Tramway Company (Limited), at any time within twelve months from the passing of this Act, to select sections of land from the rural lands which may for the time being be open for purchase within the Land District of Westland, in blocks of not less than three hundred and twenty acres each, but not exceeding three thousand six hundred acres in the whole; and such land shall be taken and accepted by the said Company as full compensation for all claims the said Company has or ever had for any act deed matter or thing done or committed by the County Council or Provincial Council of Westland, or by the General Government of New Zealand.
71 Selection to be made in same manner as by private persons.
When the said Company is desirous of selecting any land under the provisions hereof, application shall be made for the same to the Waste Lands Board of the district, in the same manner as persons desirous of purchasing rural land are required to make application; and the said Board shall hear and determine all such applications, and upon being satisfied of the right of such Company to receive such land, as against any other applicant, if any, the said Board shall issue to the said Company a license to occupy in the form in the Third Schedule to “The Westland Waste Lands Act, 1870,”
which license shall be given up when the Crown grant of the land therein referred to is issued.
72 Crown grant to issue.
The land referred to in any such license to occupy shall be surveyed as soon as conveniently may be, and a Crown grant shall be prepared and issued for the same in due course, in like manner and upon the like terms in all respects as a Crown grant would have been prepared for such land if the same had been purchased under “The Westland Waste Lands Act, 1870.”
Full power of sale.
The said Company is hereby empowered to sell and dispose of any land acquired hereunder as fully and effectually as a private person owning such land might or could do.
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Waste Lands Administration Act 1876
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