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The Pamphlet Collection of Sir Robert Stout: Volume 44

General Administration

General Administration.

6. There shall be a Minister of Lands, to be appointed

Minister of Lands.

from time to time by the Governor, and such Minister, or the Minister for the time being acting for him, shall have charge of the administration of this Act.

The Minister holding the office of Secretary of Crown Lands at the time of the coming into operation of this Act shall be the Minister of Lands, and shall be deemed to have been appointed under this Act.

7. All powers, duties, and functions, of whatever nature,

To perform functions of Secretary of Crown Lands.

heretofore legally possessed and performed and exercised by the Secretary of Crown Lands, shall, on and after the coming into operation of this Act, be possessed and performed and exercised by the Minister of Lands. In every enactment, order, rule, regulation, or official document, of whatever nature, wherein the words "Secretary of Crown Lands" occur, the same shall henceforth be read and construed as if the words "Minister of Lands" had been originally inserted therein in the place of the aforesaid words "Secretary of Crown Lands."
8. The following ten land districts are hereby established

Land districts constituted.

in New Zealand, and shall be land districts under this Act, that is to say,—
  • The Auckland Land District,
  • The Taranaki Land District,
  • The Hawke's Bay Land District,
  • The Wellington Land District,
  • The Nelson Land District,
  • The Marlborough Land District,
  • The Canterbury Land District,
  • The Otago Land District,
  • The Southland Land District,
  • The Westland Land District,

as the same are delineated on the record map of the Land Districts of New Zealand deposited in the office of the Surveyor-General at Wellington.

page 94

Commissioners of Crown Lands and Receivers of Land Revenue

9. For each land district there shall he a Commissioner of Crown Lands, and one or more Receivers of Land Revenue, to he appointed from time to time by the Governor.

All persons holding the office of Commissioner of Crown Lands or of Receiver of Land Revenue at the time of the coming into operation of this Act shall be deemed to have been appointed under this Act to the districts for which such persons respectively have heretofore been acting, as the said districts are established under this Act.

Member and Chairman of Land Board.

10. The Commissioner of Crown Lands appointed under this Act shall, ex officio, be a member and Chairman of the Land Board of the district for which such Commissioner has been appointed.

Powers and duties of Commissioners.

11. The powers and duties of a Commissioner of Crown Lands, in respect of all Crown lands within his district without any exception, shall be as follows, viz.,—
For and on behalf of the Crown,—
  • (a.) To prevent unlawful trespassing or intrusion upon or occupation of Crown lands.
  • (b.) 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,
  • (c.) To ascertain the limits and define according to the laws in force relating thereto the boundaries, of all Crown lands held under or effected by any lease or license.page 95
  • (d.) To enter on any Crown lands in order to take possession thereof in the name of the Crown.
  • (e.) To distrain, sue for, and recover money due to the Crown for rent or for use and occupation in respect of any Crown lands.
  • (f.) To enforce contracts respecting sales, leases, licenses, or other disposition of Crown lands, and to compel payment of money due to the Crown in respect thereof.
  • (g.) To determine any determinable contracts respecting Crown lands.
  • (h.) To resume possession of Crown lands on non-performance of contracts.
  • (i.) To recover and receive rents, purchase-moneys, and other moneys due to the Crown in respect of any sales, licenses, leases, or other dispositions of Crown lands.
12. All actions, suits, and proceedings by or on behalf

May prosecute or defend Crown suits, &c.

of Her Majesty respecting Crown lands within any district, or respecting any contract relating thereto, or any breach of any such contract, or any trespass on such land, or any damages accruing by reason of such trespass, or for the recovery of any rents, purchase-moneys, or other moneys in respect of such land, or in respect of any damages or wrongs whatsoever in any way suffered by the Crown in respect of Crown lands, may be commenced, prosecuted, and carried on by and in the name of the Commissioner on behalf of Her Majesty, and the Commissioner may be plaintiff or defendant, as the case may require, in any such action, suit, or proceedings.
13. In any action, suit, or proceeding against any person

In Crown suits, burden of proof on defendant.

for or in respect of any alleged unlawful occupation, use of or trespass upon any Crown lands, the proof that the occupation or use in question was authorized by the provisions of this Act, or of any order or regulation made in pursuance thereof, shall lie on the defendant. And the averment that any lands in question are Crown lands shall be sufficient without proof of such fact, unless the defendant prove the contrary, and all maps, plans, licences, certificates, and office copies certified as true under the hand of the District Inspector of Surveys or of any Commissioner of Crown lands shall, in all matters relating to the said respective offices, be sufficient evidence of their contents page 96 without production of original records, and without the personal attendance of such officers or proof of their signature.

Decrees therein shall hind Crown.

14. All decrees, orders, and judgments in any such last-mentioned proceedings shall he binding on Her Majesty, her heirs and successors.

Costs may be recovered.

15. The Commissioner in any such action shall recover and he liable to costs and damages as any plaintiff or defendant in ordinary course of law, and the Commissioner may be indemnified in respect of such costs and damages by the Governor.

In questions of boundary. Court may refer to surveyors.

16. If in any action, suit, or proceeding touching or concerning any Crown lands, or any grant, lease, or license relating thereto, any question shall arise as to the limits or extent of, or as to the boundary of any land comprised in, any grant, lease, or license, it shall be competent for the Court before which such action, suit, or proceeding may be pending to order and direct that such question shall be referred to any person or persons whom the Court shall think fit, subject to such terms and conditions as the Court shall think fit; and the award, order, and determination of such person or persons shall be conclusive in such action, suit, or proceeding as to the matter so referred, and shall be binding on the parties, and may be enforced as a rule of the Court, and the Court may make such rule or order as it shall deem fit touching such reference or the costs thereof.

Rangers of Crown lands.

17. The Governor may from time to time, as he shall think fit, appoint one or more persons within each district to be Rangers of Crown lands, whose duties shall be to observe and take care that the provisions of this Act are complied with within the district for which they shall be appointed, and to lay informations against such persons as may offend against the same, and otherwise to discharge such duties as the Commissioner of Crown Lands shall appoint.

Any Ranger so appointed as aforesaid may be appointed a constable, and required to take the oath prescribed in such cases.