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The Pamphlet Collection of Sir Robert Stout: Volume 82

Regulations for the Formation of Special Settlements, and Suggested Rules

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Regulations for the Formation of Special Settlements, and Suggested Rules.

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By Authority: George Didsbury, Government Printer. Wellington:

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Regulations for the Formation of Special Settlements.

Whereas by "The Land Act 1877 Amendment Act, 1879," it is enacted that the Governor in Council may fix the terms and conditions upon which the lands in any special settlement should be disposed of, and the mode of payment for the same: And whereas it is desirable to amend the regulations which were made by Order in Council issued on the eighth day of November, one thousand eight hundred and eighty-four :

Now, therefore, I, James Prendergast, in the name and on behalf of the Governor of the Colony of New Zealand, and as his duly appointed Deputy, in pursuance and exercise of the power and authority conferred upon him by the herein before in part recited Act, and by and with the advice and consent of the Executive Council of the said colony, doth hereby amend the Order in Council aforesaid, and doth hereby fix the following terms and conditions as page 5 the Minister, not in any case exceeding 640 acres, for a site for a township and reserves. The plan and survey of any township so set apart and approved to be subject to the provision of regulation 5.

5. All surveys shall be conducted in accordance with instructions to be given from time to time by the Surveyor-General of the colony, and subject to his approval in every respect.

The cost of survey and roading, not exceeding 2s. 6d. per acre, shall bo 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; or, subject to the approval of the Minister, any association may employ an authorized surveyor, and pay the cost of survey and road-making. In such cases the aforesaid payment shall not be required. Through roads to give access to adjacent country must be laid off.

6. Such portions of the land as may be required for the purposes of the Government of the colony, or for educational, recreation, or other public purposes, and as shall be approved by the Minister, shall not be open for allotment under these regulations.

The allotment 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 Minister, determine.

The price of the land shall be such as may be arranged between the Minister and association, subject to the said Act, and shall bo payable as follows: One-tenth of the price of the whole block shall be paid by the secretary prior to the allotment of the sections. This will be in satisfaction of the two first half-yearly instalments to be reckoned as due from the next first day of January or July following. Thereafter the payments shall be made by each purchaser every six months in advance, at the rate of one-twentieth of the price of the land, until the whole price has been paid.

One-third of the price of the land will from time to time, as paid to the Government, be repaid to the local body of the district, or the association, for expenditure on roads in or leading to the block.

10. All the moneys required to be paid for the land under these terms and conditions shall be paid to the Receiver of Land Revenue (who will in most instances be the local page 6 Postmaster), and receipts given by him shall be sufficient discharges for the payment of the moneys therein respectively acknowledged to have been received.

11. The purchaser shall be entitled to a Crown grant of the land selected by him, upon proof to the satisfaction of the Minister that he has been continuously in residential occupation of the land selected by him, either personally or by a registered substitute, for a period of six years, and has fulfilled all the conditions: Provided that in bush land residence need not commence within two years from the date of allotment.

12. All usual and accustomed fees for the time being payable for the issue of the Crown grant shall be paid by the purchaser.

13. The purchasers shall be members of the association, and shall not be under eighteen years of age.

14. The secretary shall inform the Minister of the names of the purchasers, and also furnish the Minister with minutes of proceedings of the association if so required.

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

16. Each purchaser shall, within two years from the date of his purchase, bring into cultivation not less than one-tenth of the land purchased by him.

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

Each purchaser shall, within six years from the date of his purchase, in addition to the cultivation of one-fifth of the land, have put substantial improvements of a permanent character on the land to the value of £1 for every acre of such land.

17. The expression "substantial improvements of a permanent character" shall, for all purposes of these regulations, 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.

18. Cultivation shall mean—
(1.)Fencing the land with timber or other durable materials, not being a brush fence; orpage 7
(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.

19. In the event of the death of a purchaser before having received a grant of his land, his interest in the allotment will revert to his legal representatives, who may dispose of it to a bonâ fide settler approved by the Minister; and the purchaser shall be deemed to stand in the position of the original occupant.

20. Should any purchaser bo compelled to leave the district previous to his being entitled to his Crown grant, and before completing the requisite term of occupation, it shall be competent for the Minister to permit such purchaser 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 original occupant: Provided always that no pur chaser shall be allowed to hold more than 150 acres under these regulations.

21. No person who is a holder of 320 acres of land on deferred payments, or who has acquired any freehold under that system to the same extent, or who is holder of 320 acres 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 more than 320 acres of land in all in New Zealand, 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 purchaser under these regulations.

22. Any purchaser who shall fail to comply with these regulations in any respect shall, upon sufficient proof thereof to the satisfaction of the Minister, forfeit his interest in the land selected, and the Minister 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 purchaser.

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

24. In case any doubt shall arise as to the construction of these terms and conditions, with reference to the selection page 8 and occupation or clearing of any land, or otherwise arising thereunder, the same shall be settled by the Minister.

Forster Goring,

Clerk of the Executive Council.

The following Rules, suggested by the Masterton-Mangahao Special Settlement, are printed for the guidance of similar Associations.

1. The Association is founded for the purpose of taking up 10,000 acres in Mangahao Valley under the special-settlement regulations issued by the Government, also to purchase 640 acres from the Government for cash for the purpose of cutting up into town and suburban sections.

2. The name of the settlement shall be the Masterton-Mangahao 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, whose 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 150 acres in extent, according to the requirements of members : Provided that 100 acres is the average area of the one hundred sections.

6. The price to be paid for each allotment shall be at the same rate as that paid by the Association to the Government.

7. Each member shall be entitled to select ¼ acre town and 4 acres suburban at cost price, with cost of survey and street-clearing added.

8. The sections shall be allotted by ballot, each selector to take the number on the plan corresponding to that drawn by him, from No. 1 to No. 100.

Names of Office Bearers and Committee.

By Authority: George Didsbury, Govt. Printer, Wellington.