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The Pamphlet Collection of Sir Robert Stout: Volume 44

Provincial District of Auckland. — The Land Act, 1877

page 185

Provincial District of Auckland.

The Land Act, 1877.

Homestead System.

The Homestead or "Free Grant" system is confined almost exclusively to the provincial district of Auckland, and is most liberal in its provisions and in the inducements it holds out to bonâ fide Settlement.

The following are the conditions which apply to all selections under this system:—
1.Homestead lands, before being proclaimed, arc classified according to quality into first and second class lands.
2.The area allowed to be selected by each person of the age of 18 years or upwards, shall be of first-class lands fifty acres, or of second-class lands seventy-five acres; and for persons under 18 years of age, of first-class lands twenty acres, or of second-class lands thirty acres: Provided that the total quantity to be selected by any one family or number of persons occupying the one household shall not exceed two hundred acres of first-class, or three hundred acres of second-class lands.
3.Within three months after the selection has been approved by the Board, the selector shall commence to reside on his section, and shall continue to reside continuously thereon for five years from the date of such approval as aforesaid.
4.Within eighteen months after such approval the selector shall erect on his selection a permanent dwelling-house of wood, or other materials, of the value of at least £50.
5.In each year there shall be brought under cultivation one fifteenth of the area of such selection, if open land, and one twenty-fifth if bush land, so that at the end of page 186 the term of five years, one-third of the selection of open land, or one-fifth if bush land shall be under cultivation.
6.Non-performance of any of the foregoing stipulations shall render the selection void, and the right of the selector therein, and all improvements thereon shall be forfeited.
7.At the end of the said period of five years a grant or grants shall issue for the lands selected: Provided the selector shall not have forfeited his right there to in manner aforesaid.

The localities in which lands are at present open for selection under this system, are as follows:—Mangonui, Bay of Islands, Whangaree, Port Albert, Matakana, and Raglan.

In addition to the above, other extensive tracts of land are intended to be rendered available from time to time as the wants of intending selectors may seem to require.

The extent and situation of the waste lands of the Crown in the district are shewn in the accompanying lithograph plans.

Manner of Making Application.

2. On and after a certain day upon which blocks of first and second class waste lands of the Crown shall have been proclaimed open for bonâ fide occupation under the said system, every person taking possession of any of the said land shall make in terms of Form "A," written application to, and cause such application to be lodged with, the District Surveyor of the locality in which the land so proclaimed is situate, or such other person, and at such place as shall from time to time be appointed.

3. Every such application as aforesaid shall be lodged during office hours (viz.: 10 a.m. to 4 p.m.), and shall state the name or names and age or ages of the applicant or applicants, and shall describe the situation, class of land, and number of acres he or they has or have taken possession of, together with the date whereon he or they took possession of the same, as also to whom it is intended that a grant or grants shall issue upon fulfilment of the conditions of selection.

7. In applying for land, that application which shall be first lodged with the District Surveyor, or other person, as aforesaid, appointed to receive the same, shall be page 187 deemed to be the prior application, and shall entitle the person in whose favour it is made to the right of priority of selection.

8. Where it shall appear that but one application has in manner aforesaid been received for any one piece of land, the person or persons making such application shall be deemed to be in possession of, and entitled to occupy the same.

9. But if at any time two or more applications be simultaneously received for one and the same piece of land, or any part thereof, the District Surveyor, or other person to be appointed as aforesaid, shall at once, in the presence of the applicants, or of the persons presenting such applications, decide by lot the priority of choice.

11. Every selector shall forward to the Waste Lands Board at the expiration of twelve months from the date of his taking possession of the land, and upon the same date in every subsequent year during his term of occupation, a return in writing, in form lettered "B," setting forth the nature and extent of the improvements effected by him during the preceding year.

Survey Regulations.

1. Every selector of land shall have the same surveyed at his own expense by a duly authorised Surveyor, and shall deliver, or cause to be delivered, at the Waste Lands office, within six months after taking possession of, and occupying such land, a correct plan of the same, certified by such Surveyor.

2. All surveys to be made by Surveyors authorised by the Surveyor-General, and in accordance with instructions to settlement Surveyors issued, or which may be issued by him.

3. There shall be paid for the survey of any area,

Not exceeding 30 acres £5 0 0
Exceeding 30 and up to 50 acres 0 3 0 per acre.
Exceeding 50 and up to 100 acres 0 2 6 per acre.
Exceeding 100 and up to 200 acres 0 2 0 per acre.
but not less than £12 10 0 per acre.
Exceeding 200 acres & up to 300 0 1 8 per acre,
but not less than £20 0 0 per acre.

4. Whenever two or more sections are surveyed together by the same surveyor, one-third of the above rates page 188 shall be deducted for all areas above 50 acres, and whenever, also, more than one-half the length of the boundary lines shall run through vegetation less than six feet high, one-third of the schedule rates shall be deducted.

5. All fees so chargeable shall be deposited with the Receiver of Land Revenue at the time the application for land is made.

Schedule. Form "A.".

Form of Application.

day of____18


The Crown Lands Commissioner, Auckland.


hereby make application, farther particulars of which are given in the Schedule hereunder, for acres of____Class Land, situate in the____Survey District, parish of____as the same is more particularly delineated on the accompanying Plan.

have the honour to be, Sir,

Your most obedient Servant,

Name or Names (in full) of the person or persons in respect of whose occupation such land is applied for. Age Name or Names (in full) of the person or persons in whoso favour the land is desired to be granted. Remarks.

page 189

Form "B"

Annual Return.

Of improvements effected on Homestead selection, under "The Auckland Waste Land Act, 187."

1 State if bush or open land, and if comprised of both kinds, state number of acres of each.

acres, situated in the______Block selected by______on the Date, when selection was taken possession of.

I______do hereby declare that______the following persons

2 Here state in full the names of the persons on whose ac-count the selection has been made.

have continuously resided on the above selection from the ______to the and that the following Improvements have been effected on the said selection during the said period. Dwelling house erected

3 State dimensions of house, materials of which constructed and value.

Cereals or RootCrops. Orchard Vine-yard. Nursery or Shrubbery. Land laid down with artfcl grasses Fencing. Nature of Crop. Bush Land. Open Land. Bush Land. Open Land. Bush Land. Open Land. Bush Land. Open Land. Forest Trees planted. Bush Land. Open Land. Area enclosed. Nature of Fence. acs. acs. acs. acs. acs. acs. acres acres. acs. acres. acres. Total value of improvements ... ... £

Number of acres Cultivated, etc., etc., etc.

Dated this_____day of_____187

Witness to Signature._____Signature of Selector.

Note.—If any person holding land as aforesaid shall cease to be in bonâ fide occupation of the same, or fail to effect thereon the Improvement required by the Act, or forward wilfully inaccurate returns, or commit any breach of these Regulations, such person shall be liable, in addition to forfeiture of selection, to a penalty not exceeding £20 for every such breach, default or failure, and all penalties incurred hereunder shall be recoverable in manner provided by the said Act.

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GENRAL SURVEY OFFICE NEW ZEALAND J.T.Thomson, Suveyor General. MAP OF THE NORTH ISLAND. NEW ZEALAND. Showing the Land Tenure, JUNE 30TH 1878. REFERENCE. Lands owned by Europeans, purchased by private individuals from the Natives Lands owned by Europeans, purchased from the Crown Confiscated Lands unsold Lands reserved for Native purposes Lands held by Natives under certificate of Title., Memorial' of ownership, or Grown Grant Lands in the hands of the Natives, over which the Native Title has not been extinguished Lands under negotiation to purchase by Government, and Proclained under "The Government Native land Purchases Act 1877" Crown Lands

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GENERAL SURVEY OFFICE NEW ZEALAND J.T.Thomson, Suveyor General. MAP OF THE NORTH ISLAND. NEW ZEALAND. Showing the Land Tenure, JUNE 30TH 1878. REFERENCE. Lands sold or otherwise disposed of Crown Lands held under Pastoral lease or otherwise, not open for sale or free selection Lands reserved temporarily ,,,, permanently Crown lands open for sale or free selection KEY MAP.

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New Zealand map