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Canterbury Provincial Ordinances |
2. The Waste Lands Regulation Amendment Ordinance 1856
Whereas certain Regulations for the Disposal, Sale, 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, 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,
it is lawful for the
Superintendent and Provincial Council further to amend the said Regulations, and
it is epedient that the said
Regulations should be further amended
accordingly:
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 Regulations 35 and 43 repealed.
The Regulations standing as the 35th and 43rd in the said Regulations shall
be, and the same are hereby repealed; and the Regulations
in the Schedule to
this Ordinance annexed shall stand in the place thereof, and shall have the
force of Law 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, SessionVII, No; 2.
Schedule.
35. Save as hereinafter provided, no section of rural land shall be sold
containing less than twenty acres; but any section so limited
by frontage lines
or private lands as to contain less than twenty acres may be sold by auction at
the upset price of Forty Shillings
per acre, the time and place of sale, and the
mode of sale, and payment of purchase money to be as nearly as may be in
accordance
with the Regulations herein contained applicable to the sale of town
land: Provided nevertheless, that if any section so limited
shall be included in
a Pasturage License with pre-emptive right, the Holder of such License shall be
entitled to exercise such pre-emptive
right under these Regulations upon payment
of the sum of Forty Pounds for such section.
43. If any person shall contract with the Superintendent to make and complete within a given time, any public road, bridge, or drain, or any part of any such
road, bridge, or drain, furnishing such security as the Superintendent may require for the due completion of such contract, and shall select such portion of rural land as he shall be willing to accept by way of payment or compensation, or by way of part payment or compensation for such work, it shall be lawful for the Superintendent to reserve such portion of land from public sale for such given time but no longer; and such person shall, on the completion of such contract, be entitled to a free grant of such land, or so much thereof as the Board shall adjudge, not exceeding one acre for every Two Pounds sterling, which the Superintendent shall certify to the Waste Lands Board to be the bona fide value
of the work so done by such person according to the prices for work and
materials at the time of performing such contract current
in the
district.
Every such reservation of land from public sale shall be published in in the
Government Gazette of the Province as directed in Clause
19 of these
Regulations.
No such reservation shall continue in force for a longer period than twelve
calendar months from the date on which it shall have been
made.
No land included in a Pasturage License with pre-emptive right shall, as
against the Holder of such pre-emptive right, be so reserved
or granted until he
shall have been allowed the option of purchasing such land in the manner
prescribed in Clauses 64 and 66 of these
Regulations.
No greater amount of land than two hundred and fifty acres shall, under the
provisions of this Clause, be reserved or granted to any
one person under any
such contract, unless in payment of work for which a Vote has been passed by the
Provincial Council.
No greater amount of land than one thousand acres in the aggregate shall, in any one year, be reserved or granted under the provisions of
this Clause, without the special sanction of the Provincial Council.
Provided always that every parcel of land so granted shall be subjected to
the same conditions as to form and frontage as any rural
land sold under these
Regulations: Provided also that no application for less than twenty acres shall
be received under this Clause
but that where any amount of compensation awarded
by the Board shall be a less extent than twenty acres of land, the person
entitled
may pay the balance in cash upon the same terms as other Applicants for
the purchase of rural lands under these Regulations.
Notes.
This Ordinance was passed by the Canterbury Provincial Council on 26th November 1856, and reserved for the Governor’s assent. Governor Gore Browne assented on 6th January 1856. This Ordinance was repealed by the Land Act
1877.
The Waste Lands Regulations were further amended by “the Waste Lands Regulations Amendment Ordinance 1858 [Session IX., No. 1.]. This was, however, disallowed by the Governor.
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URL: http://www.nzlii.org/nz/legis/can_ord/wlrao1857392