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The Pamphlet Collection of Sir Robert Stout: Volume 62

Part IV. — Regulations for the Formation of Farm Homestead Associations

page 46

Part IV.

Regulations for the Formation of Farm Homestead Associations.

Order in Council.

Government Buildings, Wellington, this twenty-seventh day of February, 1891.

Regulations.

1. Any association of persons of not less than twenty-five, who may be desirous of settling on Crown Lands adjacent to each other may arrange with the Government for a block of land on the following general conditions :—

2. In the construction of these regulations, unless the context shall otherwise require, the following expressions shall have the meanings hereby assigned to them:—
  • "Association" shall mean the Farm Homestead Association :
  • "Land" shall mean any block of land set apart for a special settlement to be dealt with under these regulations :
  • "Settler" shall mean any member of the association or other person, not being a married woman, leasing land under these regulations :
  • "Receiver of Land Revenue" shall mean Receiver of Land Revenue at, or other officer for the time being acting as such :
  • "Minister" shall mean the Minister of Lands for the time being, or any member of the Executive acting for him :page 47
  • "Commissioner" means the Commissioner of Crown Lands for the land district:
  • "Secretary" shall mean the secretary of the association for the time being, and shall include any person acting in that capacity, and if there shall be no secretary, then the chairman of the association :
  • "Substantial improvements of a permanent character" shall mean and include reclamation from swamps, clearing of bush or scrub, cultivation, planting with trees or live hedges, the laying-out and cultivating of gardens, fencing, draining, making roads, sinking wells or water-tanks, constructing water-races, in any way improving the character or fertility of the soil, or the erection of any building:
  • "Cultivation" shall mean—
    1.Fencing the land with timber or other durable materials, not being a brush fence : or
    2.Breaking up and laying down the same in English or other cultivated grass; or
    3.Breaking up and planting or sowing root or other crops therein; and, in case of bush-lands, the felling and clearing of timber and sowing of grass;
  • "Lease" shall mean a lease with perpetual right of renewal in terms of Part IV. of "The Land Act, 1885," but with no right to the settler to acquire the freehold of the land, as provided by section 150 of the said Act.

3. Any block of land to be selected under these regulations shall contain not less than 5,000 acres nor more than 11,000 acres, inclusive of roads, townships, and all other reserves; and it will be surveyed into areas not exceeding page 48 320 acres or thereabouts : Provided that the number of persons located in each block shall not be less than one person for every 200 acres of its total area.

4. All surveys shall be conducted by the Survey Department.

The cost of survey and roading, not exceeding 2s. 6d. per acre, shall be paid for by the secretary in, say, four instalments, three months to elapse between each payment. The first payment shall be made when the association has agreed to take a special block.

5. Such portions of the land as may be required for any of the purposes enumerated in section 227, Part IX., of "The Land Act, 1885," or as a site for a township, as shall be approved by the Minister, shall not be open for allotment under these regulations.

6. The allotments of sections to members of the association shall be made at such time and in such manner as the association may, with the consent of the Commissioner, determine.

7. The land shall be disposed of at such rental as may be arranged between the Minister and the association, being 5 per cent, on a capital value of not less than £1 an acre.

(a.)It shall not be necessary, however, for any settler to pay any rent for the first two years from the date of allotment of his section. After the expiration of the said period of two years the rent shall be at the rate of 5 per cent, on the capital value of the land, as fixed by Regulation No. 7, payable half-yearly, on the 1st day of January and July in each year. The unpaid two years' rent may be added to the capital value of the land, and thereafter the rent shall be payable on such increased capital value; or the settler may pay off the arrears of rent at any time.
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8. One-third of the rents paid from time to time shall, for the first fifteen years, be paid to the local body of the district, or the association, for the expenditure on roads in or leading to the block.

9. All the moneys required to be paid for the land under these terms and conditions shall be paid to the Receiver of Land Revenue, and receipts given by him shall be sufficient discharges for the payment of the moneys therein respectively acknowledged to have been received.

10. Each settler must within six months from the date of allotment of his section reside upon the land: Provided that in bush-land residence need not commence within two years from the date of allotment, so long as the improvements required under Regulation 14 are made within the two years.

11. The settlers shall be members of the association, and shall not be under seventeen years of age.

12. The secretary shall inform the Commissioner of the names of the settlers, and also furnish the Commissioner with minutes of proceedings of the association if so required.

13. A certificate signed by the secretary of the association shall be sufficient evidence that the person claiming to select land is a member thereof.

14. Each settler shall, within two years from the date of his selection, bring into cultivation not less than one-tenth of the land selected by him.

Each settler shall, within four years from the date of his selection, bring into cultivation not less than one-fifth of the land selected by him.

Each settler shall, within six years of the date of his selection, in addition to the cultivation of one-fifth of the land, have put substantial improvements of a permanent page 50 character on the land to the value of £1 for every acre of his holding.

15. In the event of the death of a settler, his interest in the allotment will revert to his legal representatives, who may dispose of it to a bonâ fide settler approved by the Commissioner; and the purchaser shall be deemed to stand in the position of the original settler.

16. Should any settler be compelled to leave the district, it shall be competent for the Commissioner to permit such settler to transfer his rights, title, and interest in the land selected to another bonâ fide settler, who shall be deemed to occupy the position of the original occupant: Provided always that no settler shall be allowed to hold more than 320 acres under these regulations.

17. No person who is a holder of land on deferred payments, or who has acquired any freehold under that system, or who is the holder of land on perpetual lease, and no person who is the owner of a pre-emptive right, or who is the owner in fee of any land in New Zealand, which together with the land included in his application or transfer under these regulations would exceed 320 acres, and no person who has made an arrangement or agreement to permit any one, save his son or daughter, to acquire by purchase or otherwise the allotment in respect of which his application is made, shall be entitled to become a settler under these regulations.

18. Any settler who shall fail to comply with these regulations in any respect shall, upon sufficient proof thereof to the satisfaction of the Commissioner, forfeit his interest in the land selected, and the Commissioner shall cause such interest to be sold by public auction to a bonâ fide settler; and these conditions shall be sufficient authority for such forfeiture and reallotment. Any settler so purchasing shall be deemed to stand in the position of the original settler.

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19. The association may make such rules and regulations from time to time as it may deem necessary, subject to the approval of the Commissioner.

20. In case any doubt shall arise as to the construction of these terms and conditions, with reference to the selection and occupation or clearing of any land, or otherwise arising thereunder, the same shall be settled by the Commissioner.

The following rules are suggested for the guidance of associations:—
1.The association is founded for the purpose of taking up acres in under the special-settlement regulations issued by the Government.
2.The name of the settlement shall be the Special Settlement.
3.There shall be a committee of management elected by ballot annually by the association, consisting of a chairman, secretary, treasurer, and seven members, five to form a quorum, who duties shall be to carry out the objects of the association.
4.The committee from time to time may levy contributions not exceeding 3d. per acre, to cover working-expenses.
5.Sections may be cut up in sizes varying from 50 to 100 acres in extent, according to the requirements of members; provided that the average area held by each member does not exceed 200 acres.
6.The rent to be paid for each allotment shall be at the same rate as that paid by the association to the Government.
7.The sections shall be allotted by ballot, each settler to take the number on the plan corresponding to that drawn by him, from No. 1 to No. 100.page 52
8.Up to the time of the allotment of sections no settler will be allowed to transfer his interest without the consent of the committee; and in no case will a transfer be allowed for a money consideration.

Names of Office-Bearers and Committee.

...............

........................................Chairman. ........................................Secretary. ........................................Treasurer. ........................................Committee.