The Pamphlet Collection of Sir Robert Stout: Volume 7
An Act to Amend the Waste Land Regulations of the Province of Wellington. [14th November, 1871.] — Analysis
An Act to Amend the Waste Land Regulations of the Province of Wellington. [14th November, 1871.]
Whereas by an Act of the Superintendent and Provincial Council of the Province of Wellington, passed in the last Session of the said Council, and shortly intituled "The Highways Act, 1871," it was enacted that there should be certain Highway Districts in the said Province as the same are described in the Second Schedule to the said Act. And whereas it is by the said Act provided that the said Superintendent shall pay out of the revenues of the said Province, certain sums of money on account of rates to be made in pursuance of the said Act, in respect of Waste Lands of the Crown situate within the said Highway Districts. And whereas persons page 19 purchasing Waste Land of the Crown within such Highway Districts will derive great benefit from the expenditure of sums so paid, and it is just that they should pay an increased price for such Waste Laud in consideration thereof:
Be it Therefore Exacted by the General Assembly of New Zealand in Parliament Assembled and by the authority of the same as follows:—
1. The Short Title of this Act shall be "The Wellington Waste Land Regulations Amendment Act, 1871."
Price of Waste Lands may be increased.
2. Notwithstanding anything in the regulations for the sale, letting, disposal and occupation of the Waste Land of the Crown in the Province of Wellington, or in any Act of the General Assembly for the time being in force whereby the price at which any such land shall be sold is fixed or determined, it shall be lawful for the Superintendent of the Province of Wellington for the time being, from time to time to cause the price of such land to be increased in the manner hereinafter provided.
Superintendent may give direction as to increase of price.
3. When, and as often as in pursuance of the said Act of the said Superintendent and Provincial Council, (hereinafter called "the said Provincial Act") any moneys of the said Province shall have been paid by the Superintendent on account of rates made in respect of any Waste Land of the Crown in the said Province, it shall be lawful for the said Superintendent, from time to time to direct that the price at which all such last-mentioned Waste Land of the Crown shall thereafter be sold, shall be increased by adding thereto such sum not exceeding twopence in the pound sterling of the price of such land, (as determined by any such regulations or Act as aforesaid) for every year in which any rate on account whereof any moneys have been paid as aforesaid, was made.
Added price to be paid by purchaser.
4. When any such direction shall have been notified by Proclamation of the said Superintendent, published in the Government Gazette of the said Province, no such land shall be sold unless the purchaser thereof shall pay in addition to any sum which would, under the regulations and laws heretofore in force, be sufficient to entitle him to become a purchaser of such land, or as the case may be in addition to the sum which he may "bid at auction therefor, the whole of the several amounts directed as aforesaid to be added to the price of such land.
Added price to apply only to Highway Districts in which rate has been paid.
5. When any such direction as aforesaid is made, the Waste Land of the Crown affected thereby, shall be only such lands as are comprised within any Highway District constituted under the said Provincial Act, within which any rate on account whereof any moneys have been paid as aforesaid, has been made.
Provincial Act not validated.
6. Nothing in this Act shall be deemed to give to the said Provincial Act any greater validity, force, or effect, than it would have had if this Act had not been passed.
This Act to apply to Provincial Act though amended.
7. If the said Superintendent and Provincial Council shall by any Act amend the said Provincial Act or any Schedule, so far as it shall be applicable thereto, this Act shall apply to the said Provincial Act and the Schedules thereto as amended, in the same manner as if the amending Act were incorporated in the said Provincial Act.
Lands may be withdrawn from sale and such withdrawal may be revoked.
8. The Superintendent of the Province of Wellington may at any time by Proclamation published in the Gazette of such Province and also in some newspaper having general circulation in the said Province, withdraw from sale any Waste Lands of the Crown which it may appear expedient for public interests should be so withdrawn, and any Proclamation heretofore or hereafter to be made by such Superintendent, withdrawing lands from sale, may at any time be by the Superintendent revoked, by a Proclamation published in the said Gazette and newspaper, and such lands shall not until after the expiration of thirty days from the publication of the Proclamation of such revocation, be open for sale or selection.
Reserves may be cancelled by Proclamation.
9. The Governor on the application of the Superintendent of the said Province, may at any time by Proclamation published as aforesaid, cancel any Proclamation or other instrument heretofore or hereafter to be made by such Superintendent, reserving any Waste Lands of the Crown not being lands specially set apart for purposes of public convenience, health, or enjoyment, within such Province for public purposes, and on the expiration of thirty days from the publication of such proclamation of cancellation, the lands affected thereby shall be open for sale or occupation or disposal, as if they had never been reserved.