Land Act Amendment Act 1895
Land Act Amendment Act 1895
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Land Act Amendment Act 1895
Land Act Amendment Act 1895
Public Act |
1895 No 58 |
|
Date of assent |
1 November 1895 |
|
Contents
An Act to amend “The Land Act, 1892.”
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.
The Short Title of this Act is “The Land Act Amendment Act, 1895,”
and it shall be read with “The Land Act, 1892”
(hereinafter called “the principal Act”
).
2 Survey deposit may be dispensed with.
In any case where land is thrown open for selection before survey under Part III. of the principal Act, the Minister may, upon the recommendation of the Board, dispense with the survey deposit.
3 Receipt of applications and notice of successful applicant.
For the purposes of sections fifty-eight to sixty-three of the principal Act the following provisions shall apply:—
(1.)
The therein mentioned applications shall be deemed to be made at any Land Office in the district at the time when they are received at such office.
(2.)
In the case of applications which have been decided by ballot, it shall be sufficient notice if the name of the successful applicant is called out in the room or place in which the ballot is held.
4 Provisions for registration of leases extended.
The provisions of section eighty-six of the principal Act as to registration of the therein mentioned leases, and transfers thereof, and dealings with or transmissions of land comprised therein, shall apply mutatis mutandis to licenses under Part III. of “The Land Act, 1885,”
and also to occupation licenses and certificates of occupancy under the principal Act.
5 Lands held on deferred payment may be mortgaged under “The Government Advances to Settlers Act, 1894.”
(1.)
Notwithstanding anything to the contrary contained in section one hundred and nineteen of “The Land Act, 1885,”
lands held on deferred-payment license may be mortgaged under “The Government Advances to Settlers Act, 1894.”
(2.)
Neither the existence of any deferred payment in respect of any such license, nor of any advance made to occupiers of any village-settlement lands under section one hundred and seventy of the principal Act, shall be construed to be an encumbrance, lien, or interest within the meaning of “The Government Advances to Settlers Act, 1894.”
(3.)
All such deferred payments and advances may be paid out of moneys advanced on mortgages granted under the last-mentioned Act.
6 Regulations as to Government advances to settlers.
The Governor may make regulations under the principal Act for the purposes of facilitating the administration of “The Government Advances to Settlers Act, 1894,”
in so far as it affects mortgages of Crown land held under any lease or license, or certificate of occupancy, or other form of tenure.
7 Dealings with estate subject to encumbrance or lien.
With respect to any encumbrance, lien, or interest duly registered against the estate or interest of any person in any land held by him under any lease, or license, or certificate of occupancy, the following provisions shall apply:—
(1.)
Such encumbrance, lien, or interest shall not. in any way limit or affect the right of the Board to cancel such lease, license, or certificate for breach of conditions, and generally to exercise the powers conferred by the principal Act in like manner as if no such encumbrance, lien, or interest existed.
(2.)
In any case where such holder acquires an estate of freehold in such land, the District Land Registrar, before issuing the certificate of title in respect thereof, shall make all entries necessary in order to record on such certificate every then existing encumbrance, lien, and interest, in the order of their registered priority; and such freehold estate shall be subject thereto in like manner as if they had been created in respect of such freehold estate.
8 Board may modify conditions as to improvements.
Section one hundred and forty-four of the principal Act, in so far as concerns the condition as to improvements to be made on land by the selector, shall be read subject to the following modification, that is to say:—
In any special case where, having regard to the nature or situation of the land, or the extent to which it was already improved at the date of selection, the Board is of opinion that it would be unreasonable to require the selector to fully comply with such conditions, it may modify those conditions to such extent as, with the approval in writing of the Minister, it thinks fit: Provided that in no case shall the selector be relieved from the obligation to effect at least one-half of the improvements prescribed by that section.
9 Modification as to sale of land of deceased licensee.
The provisions of section one hundred and fifty-four of the principal Act are hereby modified as follows:—
(1.)
In lieu of selling the land of a deceased licensee, as provided by that section, the Commissioner may in his discretion transfer it to the widow or children of the deceased, in shares proportioned to their respective interest in his estate;
(2.)
Such transfer shall be effected in such manner and form, and subject to such provisions for the protection of the interests of children and otherwise, as the Governor by regulations prescribes;
(3.)
Such transfer may be registered under “The Land Transfer Act, 1885”
10 Amendments of principal Act.
The principal Act is hereby further amended as follows:—
(1.)
As to section eighteen thereof: By the addition of the following proviso: “Provided that no right-of-way in any subdivision of land for a town shall be of less width than sixty-six feet.”
(2.)
As to section one hundred and twenty-six thereof: By adding to the end of the section the words, “and after there has been deducted therefrom all sums credited to the selector under the provisions of section sixty-five of this Act.”
(3.)
As to section one hundred and sixty thereof: By the repeal of the words “if such land be portion of any lands notified under this Part of this Act.”
11 Minor deemed of full age.
For all the purposes of the principal Act, and also of “The Fencing Act, 1895,”
any minor who holds any land by virtue of any lease, license, certificate of occupancy, or other form of tenure under the principal Act shall be deemed to be of the full age of twenty-one years.
12 Subdivision and transfer of holding.
(1.)
Any lessee or licensee under the principal Act or any Act thereby repealed may, with the approval of the Board and consent of the Minister of Lands, subdivide his holding, and transfer any subdivision thereof to any person who makes the declaration required by the principal Act in the case of an original application.
Issue of new leases.
(2.)
For the purpose of giving effect to such transfer, the Board, on the production of a duly-approved survey of such subdivision, and on payment of the fees for the leases and the registration thereof, may cancel the original lease, and issue new leases for the residue of the term of the original lease, and subject to the same conditions.
13 Village settlement selector may obtain additional area without competition in certain cases.
(1.)
Any village-settlement selector who has taken up less than the maximum prescribed area of village allotment or village-homestead allotment, as the case may be, may, if the Board recommends and the Minister of Lands approves, obtain without competition an additional area of similar land contiguous to his holding, but not exceeding, with such holding, the maximum prescribed area
Additional area to be held on same tenure and terms as original holding.
(2.)
Such additional area shall be held on the same tenure and terms as the original holding, and at a price to be fixed by the Board, being not less than the minimum price of similar land.
14 Crown lands may be leased for establishment of industrial, rescue, and reformatory homes.
(1).
For the purpose of encouraging the establishment of industrial, rescue, and reformatory homes, it is hereby declared that, notwithstanding anything to the contrary contained in the principal Act or “The Land for Settlements Act, 1894,”
the following provisions shall apply:—
(a.)
On the application of any society of persons desirous of establishing any such home, and on being satisfied that such home is for the exclusive use and benefit of persons who have been resident in New Zealand for a period of not less than twelve months previous to such application being made, and of its intention and ability so to do, the Minister may grant it the exclusive right to select on lease, as a site and for the purposes of such home, an area not exceeding one hundred acres of Crown lands, whether acquired under “The Land for Settlements Act, 1894,”
or otherwise.
(b.)
Every such lease shall be for twenty-one years, with perpetual right of renewal for the like term, at an annual rental of five per centum of the capital value of the land, subject to such stipulations and conditions as in each case the Minister thinks fit to prescribe.
(c.)
Every such lease shall be determinable without notice or demand if default for six months is made in the punctual payment of rent or the faithful performance of any condition or stipulation subject to which the lease is granted, or if the land ceases to be used for the proper purposes of such home as aforesaid; and in case of the lease being determined as aforesaid the land shall revert to the Crown without any right or claim to compensation for improvements or otherwise.
(2.)
The Minister may make such regulations as he thinks necessary for the purpose of carrying out the provisions of this section.
15 The provisions of section 160 of principal Act to apply to leases in certain cases.
The provisions of section one hundred and sixty of the principal Act shall apply, and be deemed to have applied, to leases held under any special Act affecting leases of Crown lands, and in respect of any leases granted under Parts V. or VI. of the principal Act or of any prior Act, whether general or special, containing provisions of similar purport:
Provided that no area shall be leased in excess of the area authorised under Part III. of the principal Act.
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Versions
Land Act Amendment Act 1895
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