THE NEW LAND BILL.
We have before us the Bill introduced by the Hon. Mr. Beid to regulate the sale or other disposal of the Crown lands of the colony, which it is proposed shall come into operation on the Ist December next. ,It repeals sundry Acts and Ordinances passed since 1858 (savinc existing rights, &c.) enumerated in a schedule appended to the Bill. It is divided into eight parts—-the Ist relating to Land Boards ; 2nd, to sales and auctions ; 3rd, to land on deferred payments ; 4th, to timber and other licenses ; sth, to forests ; 6th, to,lauds held for past toral purposes ; 7th, to reserves ; and Bth, to miscellaneous provisions. The Minister of Lands is to have charge of the administration of the Act, and ten land districts are to be constituted, viz., Auckland, Taranaki, Hawke's Bay, Wellington, Nelson, Marlborough, Canterbury, Otago, Southland, and Westland, for each of which districts there are to be a Commissioner of Crown Lands and one or more receivers of land revenue. The commissioner is to be ex officio a member and chairman of the Land Board of, the district to which he has been appointed, and the remainder of the Board is to be composed of not less than two nor more than, five other persons, who aro to be appointed and to be removable from time to time by warrant under the hand of the Governor. The members of the Land Board, other than the Chief Commissioner, are to receive a sum not exceeding £1 for every attesdance at meetings, and also the amount of travelling expenses actually incurred. Any member, of the Board not receiving payment is not to be disqualified from holding a seat in the Assembly. The Governor may establish local districts and land offices for generally carrying into effect the provisions of the Act. Rules are laid down for the conduct of business. All records are to be open to inspection on payment of a fee of 2s. b'd. Provision is made for the rehearing of cases on the application of persons feeliog,themselves aggrieved, and for appeals to the Supreme Court in cases stated. Claims for compensation are to be determined in the manner provided by the Public Works Act, and provision is made for reference to arbitration. Crown lands are divided into three classes, viz., town, suburban, and rural lands. Town lands are not to be sold at less than £2O per acre, and suburban at not less than £3 per acre. AH surveys, as far as practicable, are to be of rectangular form, and when fronting on a road, river, or lake, or sea coast, to be of a depth not less than twice the length of the frontage. The Board is to give notice of the time and. place at which any auction of land is intended to be held, in which notice the allotments which are to be offered for sale or lease and the upset price of them are to be specified, and published in the Gazette, or a newspaper published in the district, not more than three months nor less than one month before such auction shall take place.
Every person, says the Act, who shall directly or indirectly offer, or propose to accept money or other valuable consideration for abstaining from bidding or competing as a purchaser, and whether or not the land be actually put up for sale, shall be deemed guilty of misdemeanor, and liable to not exceeding twelve months': imprisonment, or. a fine of £2OO. The actual receipt of money shall subject the recipient to not exceeding two years' imprisonment, or a fine of £SOO. Extorted money is made recoverable.
The Governor, by proclamation in the Gazette, r may from time to time set apart out of any town, suburban, or rural lands, such blocks or allotments of land as he shall think fit, and set the same aside for sale on deferred payments, and in sueh proclamation may fix a day on which the land shall be open for application, and he may also in like manner set apart for sale on deferred payments such blocks or allotments as may be recommended by any land board, and may also from time to time alter, amend, or revoke any such proclamation. , No person shall be entitled to select land in more than one class, and the maximum area to bo held by any one selector shall not exceed on the whole of town,, suburban, or rural land one allotment. No allotment of suburban land shall exceed 20 acres, or of, rural land 320 acres/The price per: acre shall be, where land ,is open for selection and sale for cash, then such; cash price and one-half thereto added ; or where land is required to be put up at auction, then tho highest price bid for such land, and the land in such case is to bo put, up to auction at the upset price and one-half added thereto. Any person of eighteen years of ago or upwards may. become a selector ; but no person having assigned his interest shall be allowed to make any new selection. Tho Act , provides that the selector shall, within six months.after.the issue of the license, personally reside on the land, and shall continue so to reside in 1 the case of town or suburban laud for a period of four years, and .in the case of rural land for a period of six years from the issue of the license ; but the Board
may give permission dispensing with personal residence for the first two years if the land.is rural land wholly or mostly covered with bush. Personal residence may also be dispensed with where selectors intermarry. At the expiration of the term of any license, or on payment of the price of the land previously, the selector is to be entitled to a Crown grant. Licenses to hold land may be issued on the following terms:—License to endure for fifteen years ; license fees to be payable half-yearly in advance ; deposit to count for half-year's license fees; personal residence imperative, except for a term of eighteen months; after ten \ears, if the conditions are fulfilled, the selector may obtain his grant. Occupation licenses for cutting timber, flax, and other purposes may be granted. The Governor, on the recommendation of the Lands Board of any district, may declare forests and appoint conservators, and by-laws may be made by the Governor, applicable to forests generally, or to one or more in particular. Land in unsurveyed districts may be applied for, and permissiou given to the applicant to survey such land at his own expense. Pastoral land in the Wellington Provincial District may be purchased at a fixed price of 7s. 6d. per acre at any time, either before or after survey, in quantities of not less than 640 acres. With reference to land held for pastoral purposes in regard to runs in Canterbury from and after May 1, 1880, the rent for runs is_ to be assessed in proportion to their carrying capacity. The Board, not later than November 1,187 S, shall determine the grazing capacities of all runs held under license in the Canterbury District, and gazette the same. In no case shall a run be assessed to carry less than it did in 1876. If either the Minister of Lands or the occupier of the run be dissatisfied with the amount of rent fixed by the Board, he may appeal against such decision by application to a Judge of the Supreme Court to be allowed to appeal, and if it shall appear to the said Judge that the assessment was fraudulent, or erroneous, or unjust, the Judge shall make an order without costs that' such assessment may be appealed against by the Minister or the occupier on the lease. The matter of appeal shall be referred to arbitrators, who shall fix the rent of the run, and may award costs of appeal. The Board may increase the amount of rent at any time'within twelve nonths ai'ter the same has been fixed, if they think the rent too low ; occupiers to have the right of appeal as above. Every holder of a depasturing license who shall, before March 1, 1880, pay the first year's rent in advance, and in Other respects comply with the provisions of this Act, shall be entitled to hold his run as from May i; 1880, to May 1,1890, subject to the provisions of this Act, and thereafter the depasturing license and all rights (if any) created thereunder shall absolutely cease. Licenses may be forfeited on failure to pay rent. All rights of pre-emption to cease on May 1, 1880. In regard to runs within Otago, before the termination of any lease for depasturing purposes now in force, the Board shall, with the approval of the Governor, determine whether the land will be again let for depasturing purposes ; and if it be resolved that a lease of the whole or any part shall not be granted, the Board may within twelve months before the expiration of the lease notify the occupier iii event of it being resolved to re-lease the whole or any part of the land, such lease shall be sold by auction at -least twelve months before the expiration of the existing lease. The sale of leases shall be on the.express condition that the purchaser, not being the actual lessee, shall before being let into possession pay to the Receiver of Land Revenue valuation for improvements on the run, provided the amount of such valuation shall in no case exceed three times the amount of the average annual rent paid under the expiring lease during the term thereof, the amount paid therefor to be handed to the late occupants. No claim for improve-; ments is to be made against the Crown or Board. ' ' •
Power is given to the Governor to make reserves, temporarily in the first instance, and afterwards permanently. Reserves for the purposes of endowment are to be sanctioned by Parliament. Public reserves may be leased, but no lease is to bo granted before a survey has been made at the expense of the applicant. Lands leased may be taken for roads. Land discharged from reservation may be sold after thirty days' notice. Lauds within mining districts not held under license or lease, may be dealt with in the same manner as Crown lands of the same class, and in certain cases of unsold lands the value of improvements is to be added to the upset price. Licenses over mineral lands may be cancelled, compensation in certain cases being given to the owner. Leases of 1 mineral lands outside goldfields may be. granted by the Boards. The powers of the Governor in respect to water-races may be exercised by the Board outside of mining districts. The Governor may make regulations for the management of reserves and domains. The Governor's powers may be delegated.
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https://paperspast.natlib.govt.nz/newspapers/NZTIM18770901.2.19.6
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New Zealand Times, Volume XXXII, Issue 5130, 1 September 1877, Page 2 (Supplement)
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1,823THE NEW LAND BILL. New Zealand Times, Volume XXXII, Issue 5130, 1 September 1877, Page 2 (Supplement)
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