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The Pamphlet Collection of Sir Robert Stout: Volume 44

[10th December, 1877.]

Be it Enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

Short Title.

1. The Short "Title of this Act shall be "The Land Act, 1877," and it shall come into operation on the first day of January, in the year one thousand eight hundred and seventy-eight.

Division into parts.

2. This Act is divided into eight Parts, relating to the several subject-matters following:—
General Administration.
Part I. —Land Boards.
Part II. —Sales and Auctions.
Part III. —Land on Deferred Payments.
Part IV. —Timber and other Licenses.
Part V. —Forests.
Part VI. —Lands held for Pastoral Purposes.
Part VII. —Reserves, &C.
Part VIII. —Miscellaneous.
Appendices.

Repeals.

3. From and after the commencement of this Act the several Land Regulations, Ordinances, and Acts mentioned in the Schedule to this Act annexed are, saving as therein is excepted, hereby repealed.
But this repeal shall not affect,—
  • The past operation of the said Acts, Ordinances, or Land Regulations;page 91
  • Nor any matter or thing lawfully done;
  • Nor any right, title, liability, penalty, or forfeiture accrued or incurred:

And, notwithstanding the said repeal, all Orders in Council, Proclamations, appointments, awards, orders, and rules or regulations made under the said Acts, and in force at the time of the commencement of this Act, shall continue and he in force for the purpose of continuing and perfecting any matter or thing commenced or in progress thereunder as if this Act had not been passed.

And, notwithstanding the said repeal, every application in respect of land that shall be undetermined at the time of the coming into operation of this Act shall be dealt with in all respects as if this Act had not been passed.

4. In the construction of this Act the terms following

Interpretation.

within inverted commas shall have the meanings hereby assigned to them respectively, unless there is something in the context or subject-matter repugnant thereto, that is to say,—
  • "Alienate" and "alienation" shall respectively include a limited disposal by lease or license, as well as an absolute disposal by sale or otherwise.
  • "Allotment" shall mean a section of town, suburban, or rural land, surveyed in conformity with the provisions of this Act.
  • "Appraiser" or "Valuer" shall mean any person appointed to Value any land, or improvements or other matter under this Act.
  • "Cultivation" shall mean the clearing of land for cropping, or clearing and laying down with artificial grasses.
  • "District" shall mean a land district as constituted under this Act.
  • "Gazette" shall mean the New Zealand Gazette; and shall include any supplement thereof which may be published from time to time by authority of the Governor.
  • "Hundred" shall mean a hundred of land, as established under this Act, within Otago and Southland respectively.
  • "Land Board" or "Board" shall respectively mean the Land Board of the district to which the particular matter in the context shall refer.page 92
  • "Land Officer" shall mean an officer or person appointed within any local district, as herein defined, to receive applications for land.
  • "License" shall include lease.
  • "Local district" shall mean a local land district as established under this Act.
  • "Minister" shall mean the Minister of Lands.
  • "Original holder" shall mean the person to whom any lease or license was first issued.
  • "Pastoral lands" shall include all Crown lands occupied as runs as herein defined.
  • "Principal Land Office" shall mean the office appointed by the Governor at which the Land Board of the district holds its sittings.
  • "Public notification" or "public notice" shall mean a notice published in one or more newspapers circulating in the land district to which the act, matter, or thing required to be publicly notified shall relate or refer; and also a further publication of such matter, in addition, in the New Zealand Gazette, where the Board shall think it necessary.
  • "Receiver of Land Revenue" or "Receiver" shall mean the Receiver of Land Revenue for the land district wherein is situate the particular land that is the subject of any transaction.
  • "Run" shall mean any portion of Crown lands occupied by virtue of a lease or license for depasturing purposes.
  • "Selector" shall mean a person making application for, or having a license to occupy, land under the deferred payment system prescribed by this Act.
  • "Substantial improvements of a permanent character" shall mean and include planting with trees or live hedges, or fencing, or draining, or making roads, or sinking wells, water-tanks and water-races, or erecting substantial farm or other buildings.

Definition of demesne lands and Crown lands.

5. The demesne lands of the Crown in New Zealand shall be deemed and taken to be all lands vested in Her Majesty wherein the title of the aboriginal inhabitants of New Zealand has been extinguished.
page 93

Crown Lands shall be deemed to be all demesne lands of the Crown which have not been dedicated to any public purpose, or which have not been granted to any person in fee-simple, and shall include all lands heretofore designated waste lands, Crown lands, and confiscated lands respectively.