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Voices from Auckland, New Zealand.

Schedule

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page 141

Schedule.

Occupation Of Crown Lands.

1.All persons requiring Licences for Runs on unoccupied portions of the Crown Lands, or for portions of the same which they now occupy, shall lodge a description of such Run (as near as may be in the form B hereunto annexed) with the Waste Land Commissioner.
2.If no objection exists to the applicant being allowed to occupy such Run, the Commissioner shall thereupon publicly notify that it has been claimed as a Run, and shall at the same time publish in the "Government Gazette" the name of the person claiming the Run, and the description thereof.
3.No person shall be allowed to dispute the claim of another person to any Run applied for under these Regulations unless he shall do so within three months subsequently to the date of the publication above mentioned.
4.After the expiration of three months from the date of the said publication, the applicant shall be required to pay rent for the Run at the rate and in the manner after mentioned, and to distinguish by marked trees or posts, or in such manner as shall be satisfactory to the Commissioner, such boundaries of the Run as are not distinctly defined by streams or natural boundaries.
5.Any person who shall have a Run or any considerable part thereof unoccupied by the requisite amount of stock for a period of six months after he shall have claimed the same, shall be liable to be regarded as having abandoned such Run or part thereof, and if the Commissioner shall find it necessary publicly to notify that such Run or part thereof has been so abandoned, it shall thereupon be given into the occupation of the first applicant for it.
6.

In estimating the sufficiency of Stock for any Run applied for, the Commissioner shall not allow for natural increase in any proportions, with respect to the amount of stock on the Run, greater than those set forth in the following scale:—

For any number of sheep up to 500 inclusive, run to be granted for any number not exceeding 5000 sheep. For every additional 100 between

500and1000500additional sheep.
1000and4000400additional sheep.
4000and5000200additional sheep.
5000and10,000100additional sheep.
page 142And in no case shall a Run be granted capable of containing more than 25,000 sheep. In estimating Runs for great cattle, one head of such cattle shall be rated as six sheep.
7.In case of any questions arising as to attempts to evade the foregoing Regulations, or to obtain unduly the benefits thereof, the Commissioner shall have full power to decide such questions in such manner as may most effectually carry out the true spirit and meaning of such Regulations.
8.So soon after the time at which rent for a Run may have become payable under these Regulations as the occupant may, in the opinion of the Commissioner, have sufficiently stocked the same, he will be entitled to a licence to depasture stock upon it for fourteen years, in the form A, hereunto annexed, and subject to the following conditions:—
1.If at any time during the currency of such licence the land comprised therein, or any part thereof, shall be included within the boundaries of any Hundred, the said licence shall cease and determine as to so much of the land as shall be included within such boundaries from and after the day of the date of the Proclamation by which such Hundred shall be constituted.
2.If at any time during the currency of such licence the land comprised therein, or any part thereof, shall be sold under the provisions of these Regulations, then and in that case also the said licence shall cease and determine as to so much of the land as shall be sold as aforesaid from and after the day of the date of the "Provincial Government Gazette" in which notice of such sales shall be published.
3.The annual licence fee shall be in all cases at least £5; and each person who occupies a Run shall pay annually in addition a further licence fee at the rate of £l sterling for every thousand sheep above five thousand, which the Run so occupied shall be estimated to be capable of containing, and in the same proportion for great cattle, six sheep being rated as one head of great cattle.
4.If at any time during the currency of such licence such annual fees and the said annual assessment shall not be paid by the holder of it, in the manner and at the time required by these Regulations, then and in that case the said licence shall cease and determine, and the Commissioner shall thereupon be empowered to notify publicly the forfeiture of such licence, and to let the Run to which it relates by public auction to the highest bidder for a term of fourteen years, subject to the conditions of these Regulations.
9.No such licence for fourteen years will be granted to any applicant for a Run until he shall have paid all arrears of rent and assessments which may be owing by him for such Run.
10.In the event of any dispute arising between two or more claimants regarding the boundaries of their respective Runs, it shall page 143be in the power of the Commissioner to make such alterations in the boundaries of their runs, or of any of them, as he may upon enquiry judge to be just and expedient.

Issue Of Timber Licences.

11.Persons occupying Waste Land of the Crown for the purpose of cutting timber, will be required to pay a fee of £5 yearly upon the issue of the licence.
12.The Commissioner shall determine the extent of land to which such licence shall give a right of occupancy, and the licences shall only have effect within the district specified in them.
13.No fresh applicant for a licence will be permitted injuriously to interfere with a portion of forest upon which any other person may have expended capital and labour.
14.In the event of any occupant of a portion of forest upon which he may have expended any considerable sum in the formation of roads, or improvements to facilitate the removal of timber, wishing to resign his licence, he shall, if in the consideration of the Commissioner he should be regarded as having established a claim to this indulgence, be permitted to transfer his licence and right of pre-occupancy to such person as he may select.
15.All applicants for timber licences must address their applications to the Waste Lands Commissioner, stating their names and residences in full.
16.When the application has been approved, it shall be forwarded to the Receiver of Land Revenue, by whom, upon payment of the required fee, the licence shall be issued.
17.No person will be allowed to cut or remove timber on or from the Crown Lands, which have been reserved by Government for the public use.
18.The form of Timber Licences will be according to Form C hereunto annexed.

General.

19.All annual licences to be drawn so as to expire simultaneously on the last day of each year.
20.Licences applied for after the 1st of June in each year, will only be chargeable with half the usual fee.
21.No licence shall preclude the Government from including within a Hundred, or selling, or shall in any way affect the rights of the Crown to land occupied in virtue of such licence.
22.All disputes between holders of licences having reference to depasturing stock or cutting timber, shall be heard and decided by the Commissioner, who is hereby authorised to charge at his discretion to the party against whom his decision shall be made, a fee of £5.
23.Licences for depasturing purposes may be transferred from one person to another, by the Commissioner, with the approval of the Superintendent.
page 144

A.
Form Of Licence.

Whereas of has made application for a licence to depasture stock upon the Waste Lands of the Crown within the district of [boundaries], and has this day paid into my hands the sum of £ s. d., I, do hereby licence the said to [depasture stock] upon the said land for the term of fourteen years from the date hereof; subject, nevertheless, to be sooner determined, pursuant to the provisions of the "Waste Land Regulations 1859," under which this licence is issued, and to be cancelled as by law is provided.

Dated this day of Signed

B.

  • Description of a Run on the Waste Lands of the Crown
  • Claimed by
  • Situation
  • Boundaries
  • Estimated extent
  • Number and description of stock left upon the run

(Signature)

C.

Timber Licence to at permission to cut, saw, split, and remove timber on and from the Waste Crown Lands at within such limits as may at any time be assigned by the Commissioner subject to the provisions of the "Waste Land Regulations, 1859."

Receiver of Land Revenue.

N.B.—If the holder of the above licence shall contravene or violate any order or regulation made with respect to any of the purposes for which this licence is granted, the Government reserves to itself the power of declaring the licence of any such person so offending to be cancelled, and such licence shall thereupon become null and void, and shall not be pleaded in justification of any offence committed against the provisions of any ordinance relating thereto.

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