SUMMARY OF LAND REGULATIONS OF THE PROVINCE OF OTAGO.
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SUMMARY OF LAND REGULATIONS
OF
THE PROVINCE OF OTAGO.
1. All former regulations repealed.
2. Waste lands to be sold, &c., in terms of new regulations, proclaimed 1st of April 1856.
3 & 4. Divide land for settlement into two classes --Town and Rural.
The division of such lands may from time to time be altered.
5. Town land to be sold by auction at an upset price, to be fixed by the Waste Land Board, with consent of the Superintendent.
Note. --Town lands are sold in allotments or sections of one-quarter acre each, and the usual upset price is £12, 10s. per quarter section. By the Town Land Sales Ordinance, 1857, the Waste Land Board has power to deviate from rule No. 5, and to sell Town lands without putting them up to auction, but to sell to any person petitioning and showing cause, at a price to be fixed by the Board, with the consent of the Superintendent. In practice, this course is only resorted to where land
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which has been rural land, and remaining unsold, has been laid out as a town, and persons have houses or improvements erected upon such land; or where, for public convenience, permission is granted to erect buildings before a town can be surveyed. In such cases, the price fixed by the Board is the average price for which the adjoining sections have sold at auction. By the same law, the Board has power to sell to religious bodies one acre of town-land, for the site of a church or other building for religious purposes, at the upset price.
6. Rural land to be sold at £1 per acre, subject to conditions of improvement.
Prior to the 1st November 1860, the price of rural land was 10s. per acre. This alteration was made by proclamation of the Governor, in accordance with a resolution to that effect, passed by the Provincial Council Otago.
7. Certificate of occupation, granted for rural lands on payment of £1 per acre, and coming under an obligation to expend in money or labour for all improvements, including building and fencing, within four years, a sum equal to 40s per acre.
8. Holder of certificate entitled to demand and receive Crown grant as soon as the conditions (No. 7) of purchase are fulfilled.
9. Land cannot be assigned previous to a Crown grant being obtained, without consent of Waste Land Board. Assignee to receive Crown grant when conditions fulfilled.
10. Applications for rural land to be made to
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Waste Land Board. £1 an acre to be deposited on application being granted.
11. When more than two applicants apply on same day for rural lands--the same to be put up for sale by auction at the upset price of £1 per acre--the applicants alone allowed to bid.
12. Rural land to be sold in quantities of not less than 10 acres--to be of a rectangular form.
An exception is made to this rule (12) by which the Board may sell to proprietors of adjoining lands land in less quantity than 10 acres, and of irregular shape, to complete their properties.
13. Land to be surveyed by Government or by applicant.
14. When surveyed by applicant, he shall receive an allowance of 10 per cent, of land as compensation for survey.
15. Survey by applicant to be completed within six months.
Note. --These clauses, 13, 14, and 15, have fallen into disuse, the Provincial Council having resolved that it was not advisable to sell land previous to its being surveyed. All land is now surveyed by the Government prior to its being offered for sale, and the practice of the Waste Land Board is, to advertise that a particular block of land has been surveyed, laid off in sections, and will be open for application on a given day, stated in the advertisement, being between one and two months from the date of advertising; and that the maps may be seen at the Land Office. The object of this rule is, that the whole of the public may have
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an equal opportunity of making selections and of examining the land before applying; an advantage which would otherwise be only possessed by those acquainted with the exact state of the work in the Land and Survey departments. On the day stated in the advertisement, applications are made at the Land Office, and as the land in the newly surveyed district is in great demand, selling often considerably beyond the upset price, it has become the habit of the applicants to apply for the whole of the sections in the block, in order that they may have the opportunity of bidding for any section, should they fail to obtain the one they particularly desire, which could not be done had only one section been applied for. The Waste Land Board, by clause 33 of the regulations, is bound to post all applications in a room at the Land Office, open to the public for a period of not less than ten days; and any person may object to the granting of an application; in which case, the application, instead of being decided by the Chief Commissioner as a matter of routine, is referred to a meeting of the Waste Land Board. For the public convenience, the particulars of the applications received are advertised in the local papers, as well as being posted in the Land Office, and a day is stated on which the decision will be given. In the case of two or more applications being made on the same day, the decision must, by clause 11, be, that the land be put up to auction between the applicants. On the day of decision the applicants must attend personally, or by a duly authorised agent, and the highest bidder be-
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coming the purchaser, must pay down the full amount of purchase money. Should there be but one applicant for any quantity of land, it is granted to the applicant as a matter of routine, at £1 per acre. Should there he no applications for a newly surveyed block on the day on which it has been advertised as open for application, it remains open for application at any time, the applicants having priority according to the date of their applications.
16. Superintendent empowered, with advice and consent of the Provincial Council, to reserve from sale and set aside land for public use. Reserves to be dealt with by Superintendent and Provincial Council.
17. Land possessing special value, as containing minerals, may be sold by auction, or leased.
18. Waste Land Board may refuse to grant any application for land if sale would be injurious to public interests.
19 to 22. Regulate the disposal of mineral land by sale or lease.
23 to 26. Regulate the forms of sale by auction.
27. The fees on the issue of any Crown grants not to exceed 20s.
28. Provides for the adjustment of claims under temporary regulation, in force prior to 1st April 1856
29. Waste Land Board established to consist of Chief Commissioner, and at least two other Commissioners, to be appointed and be removable by Superintendent.
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30. A Treasurer to Waste Land Board to be appointed and removable by Government.
31. Salaries of officers.
32. All business connected with sale, &c., of waste lands to be transacted by Waste Land Board.
33. Particulars of applications for sale, &c., of waste land to be posted at the office of the Board, in a room open to the public, for not less than ten days before application decided on.
34 to 39. Regulate the form of application and disposal of the same by the Board.
40. Board to keep a record of its proceedings open to public inspection.
41. Copies of all letters, &c., to be kept at Waste Lands Office, open to public inspection.
42. Board to grant depasturing licenses, and to require applicants to deposit £20, which, if run stocked within six months, shall be returned to applicant. Further time may be granted. Deposit to be forfeited in case of failure.
43 to 47. Empower the Board to repel trespasses, and distrain for monies due, &c.
Assessment on Stock Depastured on Crown Lands not being within the Limits of Hundreds.
48. License to be granted.
49. Return of stock to be made by owners.
50 and 51. Assessment to be levied on Stock, namely, 6d. per head on great cattle, and 1d. per head on small cattle.
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52. Notice to be given to parties liable to assessment.
53. Appeal allowed.
54. Amount due recoverable by distress.
55. In case of non-payment license may be cancelled.
Management of Crown Lands within the Limits of a Hundred or Commonage District.
56 to 75. Regulate the administration of such commonage pastures at the hands of wardens elected by the settlers in each district. License fee of 10s. No head money charged by the Board. Wardens may assess for the erection of pounds and other expenses.
7G. Persons occupying Crown lands without license, liable to penalty.
77. Additional penalty for second offence.
78. Licensed occupier may cut firewood, &c., for domestic purposes, &c.
79. Rights of Crown maintained.
80. Cattle trespassing on Crown lands may be impounded.
81. In any action against any person for unlawful occupation or trespass, proof that the occupation was authorised to lie with defendant.
82. Licensed occupier to have a pre-emptive right of purchase on his run to the extent of 80 acres for principal station, and 10 acres for each out-station.
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83. When any portion of land sold to other than lessee, he (lessee) shall have three months before giving possession, to afford time for removal of property.
84. Acts of Chief Commissioner subject to revision of Board.
85. Costs of suit may he paid out of public treasury.
86. Interpretation.
Rules and Regulations for issue of Pasture and Timber Licenses, for the occupation of Waste Lands of the Crown outside Hundreds.
87. Mode of application for license.
88. Name of applicant and description of run to be published.
89. Claim cannot be disputed after lapse of three months from date of publication.
90. Commencement of payment of rent. Boundaries of run to be marked.
91. Lease may be forfeited if run not stocked within six months.
92. Estimate of stock for run:--
For any number of sheep up to 500, a run may be granted calculated to depasture any number not exceeding 5000 sheep.
For every additional 100 between
... 500 and 1000, for 500 additional Sheep.
... 1000 and 3000, for 400 ...
3000 and 5000, for 200 ...
5000 and 10, 000, for 100 ...
And in no case shall a run be granted capable of containing
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more than 25,000 sheep. In estimating runs for great cattle, one head of such cattle shall he rated as six sheep.
93. Waste Land Board may decide disputes as to attempts to evade regulations.
94. Lessee entitled to license for fourteen years when run stocked.
Conditions:--
1. When run, or part of a run, declared into a hundred, license shall cease.
2. 1 If land comprised in run shall be sold, license shall cease.
3. Annual license fee £5, and in addition, £1 per 1000, for every 1000 sheep above 5000 the run is capable of containing. Six sheep rated as one head of great cattle.
4. On non-payment of fees, &c., lease may be forfeited.
95. In case of forfeiture, license shall not be renewed until arrears, &c., paid.
90. Waste Land Board may settle disputes about boundaries.
97 to 99. Provide for timber licenses.
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General.
100. Annual licenses to expire on last day of year.
101. License not to preclude Board from selling, or affect rights of the Crown to land comprised in lease.
102. Disputes between holders of licenses to cut timber may be decided by Waste Land Board.
103. Licenses may be transferred.
104. Interpretation.
