Land Laws Amendment Act 1928
Land Laws Amendment Act 1928
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Land Laws Amendment Act 1928
Land Laws Amendment Act 1928
Public Act |
1928 No 37 |
|
Date of assent |
9 October 1928 |
|
Contents
An Act to amend the Law relating to Crown and other Lands.
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.
This Act may be cited as the Land Laws Amendment Act, 1928.
Part I Cheviot Estate
2 Authorizing lessees of lands in Cheviot Estate to acquire fee-simple.
(1)
The provisions of section eighty-two of the Land for Settlements Act, 1925, with respect to the acquisition of the fee-simple of their holdings by owners of leases in perpetuity of settlement lands (including the limitation of time imposed by subsection two thereof), are hereby extended and applied to the owners of leases in perpetuity of rural lands in the Cheviot Estate.
(2)
The provisions of sections eighty-three and eighty-four of the Land for Settlements Act, 1925, with respect to the acquisition of the fee-simple of their holdings by owners of renewable leases of settlement lands, are hereby extended and applied to the owners of renewable leases of rural lands in the Cheviot Estate.
(3)
The provisions of sections two hundred and forty-three, two hundred and forty-four, and two hundred and forty-five of the Land Act, 1924, with respect to the acquisition of the fee-simple of their holdings by owners of leases of small grazing-runs, are hereby extended and applied to the owners of leases of grazing - farms in the Cheviot Estate:
Provided that the provisions of this subsection shall not apply with respect to any grazing-farm, unless in the opinion of the Board and of the Minister such grazing-farm is not suitable for subdivision. In determining whether or not any land is suitable for subdivision as aforesaid regard shall be had not only to the suitability for subdivision of the grazing-farm in itself but also to its suitability for subdivision in conjunction with any adjoining land.
(4)
All moneys derived from the sale of the fee-simple of any lands purchased hereunder shall be paid into the Cheviot Estate Account.
Repeal.
(5)
Section three hundred and twenty-two of the Land Act, 1924, is hereby repealed.
Part II Settlement Lands
3 This Part to be read with Land for Settlements Act.
This Part of this Act shall be read together with and deemed part of the Land for Settlements Act, 1925 (in this Part of this Act referred to as the principal Act).
4 Special provisions as to acquisition of settlement land.
(1)
Any two or more persons qualified to acquire land that is subject to the principal Act may make application to the Dominion Land Purchase Board with a view to the acquisition by the Crown on their behalf of any private rural land.
(2)
Every such application shall be accompanied by—
(a)
An offer in writing in the prescribed form for the sale of the land to the Crown, made by or on behalf of the owner or owners thereof:
(b)
A plan showing the proposed scheme of subdivision as between the applicants, and the existing or proposed roads affording or which will afford access thereto:
(c)
Such documentary evidence as may be required with respect to the means of the applicants in relation to the purchase of the respective subdivisions, the stocking thereof, and otherwise in respect of the profitable occupation of the land comprised therein.
(3)
If in the opinion of the Dominion Land Purchase Board the land to which the application relates is suitable for acquisition under the principal Act and for subdivision in accordance with this section, it shall cause the matter to be referred to the Land Board for consideration and report.
(4)
On receipt of the Land Board’s report the Dominion Land Purchase Board shall forthwith proceed to consider the application and offer, with reference to the settlement of the applicants on the land to which such offer relates, and shall as soon as practicable forward the application and offer to the Minister with such recommendations as it thinks proper.
(5)
The Minister may thereupon, if he thinks fit, direct the Dominion Land Purchase Board to negotiate with the owner for the acquisition of the land under the principal Act, at a price to be determined by that Board, not exceeding the price specified in the offer.
(6)
Before the acquisition by the Crown of any land under this section is completed, the several applicants shall be required to pay to the Receiver of Land Revenue such amount as the Minister may determine, being not less in any case than five per centum of the estimated price to be paid by the applicant for the subdivision proposed to be allotted to him.
(7)
Notwithstanding anything to the contrary in the principal Act, any land acquired under this section may be sold without competition to the several applicants, for cash or on deferred payments, at prices fixed in accordance with the provisions of subsection four of section fifty-four of the principal Act.
(8)
The amount deposited by the several applicants in accordance with subsection six hereof shall be dealt with by the Receiver of Land Revenue as follows:—
(a)
In the case of a purchase for cash it shall be credited to the purchaser on account of the whole sum due by him on the land.
(b)
In the case of a purchase on deferred payments it shall be credited to the purchaser on account of the whole sum due by him on the land, and the balance of the purchase-money shall be payable in the manner prescribed by section eighty-two of the principal Act with respect to the purchase on deferred payments of settlement land comprised in leases in perpetuity.
(c)
In the case of failure on the part of the applicant to complete the purchase, or to execute his license within thirty days after being required by written notice so to do, the Land Board may by resolution declare the amount so deposited to be forfeited to His Majesty, and the right of such person to complete the purchase shall thereupon cease and determine.
(9)
The provisions of section sixty-eight of the principal Act shall apply with respect to lands sold under this section on deferred payments in the same manner as they apply to lands leased under the principal Act.
Part III General
5 Occupier’s interest in Crown lands may be sold for non-payment of rates.
Notwithstanding anything contained in subsection two of section one hundred and one of the Land Act, 1924, the interest of any occupier of Crown lands may be sold pursuant to section seventy-nine of the Rating Act, 1925, for non-payment of any rates levied after the thirty-first day of March, nineteen hundred and twenty-nine, to any person qualified to acquire such interest and approved in that behalf by the Land Board of the land district in which the land is situated.
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Versions
Land Laws Amendment Act 1928
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