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Wastelands Regulations Amendment Ordinance 1858

1. The Waste Lands Regulation Amendment Ordinance 1858

Whereas certain Regulations for the Disposal, Letting, and Occupation of the Waste Lands of the Crown in the Province of Canterbury were issued by the Governor of New Zealand in a Proclamation bearing date at Auckland the Twelfth day of February, one thousand eight hundred and fifty-six, and the said Regulations were amended by certain other Regulations issued by the Governor in a Proclamation bearing date at Auckland the Fourteenth day of August, one thousand eight hundred and fifty-six: And Whereas, under and by virtue of an Act of the Imperial Parliament, passed in the Session holden in the Fifteenth and Sixteenth years of the reign of her present Majesty, entituled "An Act to Grant a Representative Constitution to the Colony of New Zealand," and of certain Acts

of the General Assembly of New Zealand, entituled "The Provincial Waste Lands Act, 1854" and "The Waste Lands Act, 1856," respectively, the Superintendent and Provincial Council were empowered further to amend the said Regulations, and the same wer accordingly amended by an Ordinance of the Superintendent and Provincial Council of the Province of Canterbury, entituled " The Waste Lands Regulations Amendment Ordinance, Session VII., No. 2:" And Whereas it is expedient that the said Regulations should be further amended:

Be it therefore enacted by the Superintendent of the Province of Canterbury, with the advice and consent of the Provincial Council thereof as follows:—

1. Regulations, 33, 51, 52, 65, 66, repealed.

The Regulations standing as the 33rd, 51st, 52nd, 62th and 71st in the said Regulations shall be and the same are hereby repealed; and the Regulations in the Schedule to this Ordinance shall stand in the place thereof and shall have the force of Iaw as a part of the said Regulations.

2. Title.

This Ordinance shall be entituled and may be cited as the " Waste Lands

Regulations Amendment Ordinance, 1848," Session IX., No. 1.

Schedule.

33. Upon payment of the Purchase Money in full, the Purchaser shall receive from the Commissioners a " License to Occupy," in the form set forth in Schedule A to the Waste Lands Regulations, and such License shall be restored to the Commissioners upon receipt of a Crown Grant of the Land purchased.

51. The Fee shall be paid to the Treasurer of the Waste Lands Board every year in advance: for the first year, on the issue of the License, and for the second and every subsequent year on any sitting day of the Board between the Twentieth day of April and the First day of May, inclusive; and every Pasturage License not renewed by Payment of the required fee on or before tlle First day of May shall, unless good cause to the contrary be shown to the satisfaction of the Waste Lands Board, be considered as abandoned.

52. Every Pasturage License shall be in the form set forth in the Schedule C to the Waste Lands Regulations, and shall be transferable by endorsement in the form set forth in such Schedule, and such transfer shall be deemed to be complete upon notice thereof being duly given to the Waste Lands Board, and not before. A Pasturage License shall entitle the Holder thereof to the exclusive right of pasturage over the land specified therein upon the terms above stated. Such License shall be renewed by endorsement from year to year, until the land specified therein shali be purchased, granted, or reserved under these Regulations; and the fee to be paid in respect of such License shall not be

altered until the First day of May, one thousand eight hundred and seventy. Such License shall give no right to the soil or to the timber, and shall immediatelv determine over any land which may be purchased, granted, or reserved under these Regulations. A reasonable right-of-way shall be allowed through all pasturage runs.

65. The Applicant for any rural land included in any Pre-emptive Right shall deposit with the Treasurer of the Waste Lands Board a sum equal to Four Shillings per acre of the purchase money, and the remainder he shall pay within one week from the date of his application being granted, or forfeit such deposit. Such deposit, however, shall be immediately returned on demand, if the Holder of the Pre-emptive Right shall give notice of his intention to purchase any portion of the Land applied for, and pay the requisite deposit.

66. If the Holder of the Pre-emptive Right decide upon purchasing any portion of the land applied for, he shall forthwith pay to the Treasurer of the Waste Lands Board a deposit of Four Shillings per acre of the purchase money of such portion; and, if he shall not within six weeks thereafter have paid the remainder of the purchase money, he shall forfeit such deposit together with all right or title to the land.

If the Holders of any Pre-emptive Rights other than those created by Clause 60 of the Waste Lands Regulations shall neglect or refuse to purchase any portion of the land applied for, such portion shall, from and immediately after such

neglect or refusal, he released from all right of pre-emption and open to purchase on the terms of these Regulations, as if the same had not been included in any Pre-emptive Right.

71. All payments on account of pasturage runs shall in future be made on or before the First day of May, in accordance with Clause 51, at the Land Offlce, at Christchurch, and the Waste Lands Board shal sit at that place for the Treasurer to receive the same.

Notes.

This Ordinance was passed by the Canterbury Provincial Council on 11th February 1858, and reserved for the Governor’s assent. He disallowed this Ordinance and a copy of the Colonial Secretary's letter to the Superintendent appears below.

“[Copy]

Colonial Secretary’s Office, Auckland.

_{April 23,1858.}

Sir,

_{With reference to the Bill (forwarded in your Honor's Letter, No. 11, of the}

24th ultimo) passed by the Provincial Council of Canterbury, entituled the " Waste Lands Regulations Amendment Ordinance," I have to inform your Honor that in consequence of the intimation which has been received from the Secretary of State for the Colonies (and which was notified to you in my Letter, No. 134, of the 13th inst.), to the effect that Her Majesty had been advised to disallow the "Waste Lands Act, 1856," the Ministers of the Crown in this Colony could not advise His Excellency the Governor to assent to the Bill referred to, which is founded upon that Act.

In consequence of that disallowance, Measures will be proposed by the Government during the present Session of the General Assembly for regulating the management of the public lands of the Colony.

I have the honor to be, Sir,

Your very obedient Servant, (Signed) E.W. Stafford.

His Honor

The Superintendent of Canterbury.