New Zealand. · 1904, No 27. sec, 4 . Quorum and Chairman. '1900,j,No. 52 sec, 5 ." Sit fore a...

4-400 1908.J Consolidated Statutes.

New Zealand.

LAND FOR SETTLEMENTS. 1908, No. 97.

Short Title.

Enactments consolidated.

Savings.

AN ACT to consolidate certain Enactments of the General Assembly relating to the Acquisition of Private Lands for Purposes of Settlement.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows :—

1. (1.) The Short Title of this Act is " The Land for Settlements Act, 1908."

(2.) This Act is a consolidation of the enactments mentioned in the Schedule hereto, and with respect to those enactments (but without affecting the specific savings elsewhere contained in this Act) the follow-ing provisions shall apply :—

(a.) All Proclamations, Orders in Council, orders, regulations, war-rants, securities, offices, appointments, requisitions, notifica-tions, records, instruments, and generally all acts of authority which originated under any of the said enactments or any enactment thereby repealed, and are subsisting or in force on the coming into operation of this Act, shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated:

(b.) Except where otherwise provided by this Act, all leases in perpetuity of settlement lands shall operate and be con-strued as if this Act had not been passed,

(c.) All renewable leases of settlement lands granted before the coming into operation of this Act shall be deemed to have been granted under this Act.

(d.) All matters and proceedings commenced under any such enact-ment, and pending or in progress on the coming into opera-tion of this Act, may be continued, completed, and enforced under this Act,

401

PRELIMINARY.

Interpretation. 2 . In this Act, if not inconsistent with the context,— interpretation. " Board " means the Board of Land Purchase Commissioners ,900' 52'sec- 2

under this Act: " Block " means a block of land in one contiguous area ; pro-

vided that the area shall not be deemed to be non-contiguous by reason merely of ,its being intersected by a road, street, railway, or stream:

'"Court" means the Court of Compensation under "The Public Works Act, 1908," as modified by this Act :

" Estate " means an owner's block, and, in the case of an owner of two or more blocks, includes all the blocks any part of any one whereof is distant not more than three miles from any part of another which are held and worked as one and the same property under one and the same management:

" Financial year " means the year ending on the thirty-first day of March:

' First-class land " means agricultural land : " Former Land for Settlements Ac t " includes every Act men-

tioned in the Schedule hereto or repealed by any such Act:

' Land Act " means " The Land Act, 1908 " : Land Board " means the Land Board under the Land Act; and

all references in this Act to the Land Board in connection with any land shall be deemed to be references to; the Land Board of the land district in which such land is situate :

" Minister " means the Minister of Lands : " Owner " means any person owning private land in fee-simple;

and includes any person who, as trustee, executor, adminis-trator, life-tenant, mortgagee, or otherwise howsoever, pos-sesses the legal power of sale of private land in fee-simple, whether with or without the consent of the Supreme Court of New Zealand or of any person having any estate , or interest in the land:

Prescribed maximum," in the case of land situate more than five miles from any of the Cities of Auckland, Wellington, Christchurch, or Dunedin, means—

One thousand acres of first-class land ; or Two thousand acres of second-class land with a site for a

homestead; or Five thousand acres of third-class land with a site for a

homestead: And in the case of land situate not more than five miles

from any of those cities " prescribed maximum " means two hundred acres of land :

Private land " means any land alienated from the Crown : " Second-class land" means mixed agricultural and pastoral

land: " Settlement land " means land acquired under this Act or sub-

ject to the provisions thereof : I I I — 2 6 .

402 i908j Consolidated Statutes.

Land Purchase Inspector. 1900, No. 52, sec. 3

Other officers.

Board of Land Purchase Commissioners. Ibid, sec. 4 1904, No. 27, sec. 4

Quorum and Chairman. '1900,j,No. 52, sec. 5

" Site for a homestead " means any area not exceeding two hundred acres of first- or second-class land comprising and surrounding a homestead ; provided that such area shall he included in the area of the prescribed maximum :

" Third-class land " means land suitable only for pastoral purposes.

Officers and Board. 3. (1.) The Governor may from time to time appoint a fit person

to be Land Purchase Inspector under this Act, whose duties shall be to inspect and report to the Minister upon all lands proposed to be acquired under this Act, and to perform such other functions as the Governor or the Minister from time to time directs.

(2.) The Governor may also in like manner appoint such other officers as he deems necessary for the purposes of this Act, and may prescribe their duties and functions.

(3.) The Land Purchase Inspector and every other officer appointed as aforesaid shall hold office during pleasure, and shall be paid such salary or other remuneration as is fixed and appropriated from time to time by Parliament.

(4.) The Land Purchase Inspector and every other officer appointed under any former Land for Settlements Act, and holding office on the coming into operation of this Act, shall be deemed to have been appointed under this Act.

4. (1.) For the purposes of this Act there is hereby constituted a Board, to be called " The Board of Land Purchase Commissioners," con-sisting of—

The Land Purchase Inspector : The Surveyor-General: The Commissioner of Crown Lands for the land district in which

is situated any land proposed to be acquired under this Act:

Such person as the Minister from time to time appoints in that behalf, being in every case a resident in the land district in which is situate any land proposed to be acquired under

. this Act: and Such one or other of the following officers as the Governor in

Council from time to time appoints as member, that is to say,—

The Government Advances to Settlers Office Superin-tendent ;

The Deputy Commissioner of Taxes ; or The Under-Secretary for Crown Lands.

(2.) The Commissioner of Crown Lands and the person appointed by the Minister as aforesaid shall be deemed to be members of the Board only in cases where the functions of the Board are exercised in con-nection with land situate within such land district.

(3.) In cases where the Superintendent, being a member of the Board, is absent from a meeting of the Board, his Deputy may attend and act at such meeting in his stead, and whilst so attending shall be deemed to be a member of the Board.

5. With respect to the Board the following provisions shall apply

[No. 96. 403

(a.) At all meetings of the Board three members shall form a quorum.

(6.) The Land Purchase Inspector shall be the Chairman of the Board, and shall preside at all meetings :

Provided that in the case of his absence from any meeting the members present may appoint one of their number to act at that meeting as Chairman in his stead,

(c.) Subject to the provisions of this Act and the regulations there-under, the Board may regulate its own procedure.

ACQUISITION OF L A N D .

What Land may be acquired, and to what Extent. 6. Private land may, in the manner and subject to the provisions Purposes for which

hereinafter contained, be acquired on behalf of His Majesty under this be acquired? may

Act for any of the following purposes, that is to say :— 1900, No. 52, sec. 6 (a.) Providing land for settlement; or (b.) Providing land as sites for homesteads for neighbouring pastoral

Crown land; or (c.) Providing low-lying land necessary for the working of neigh-

bouring pastoral Crown land ; or (d.) Exchanging high land suitable only for pastoral .purposes for

low-lying or agricultural land suitable for settlement; or (e.) Providing land by purchase or exchange, but not by com-

pulsory taking, in order to consolidate any estate acquired under this Act, or to readjust its boundaries.

7. For the purposes of this Act the Minister may from time to time Minister may direct direct the Board to negotiate with any owner of private land for the B°ard t0 negotiate purchase or exchange thereof at such price or for so much equivalent Ibid ™ land as may be agreed upon between the owner and the Board.

8. The total amount of all sums expended and liabilities incurred Amount which may for the acquisition of land in any one financial year shall not exceed *>e expended the total amount which may be raised in that year under the provisions ibid's^f 8™ of section thirty-nine hereof, together with the balance for the time being unexpended in the hereinafter-mentioned Land for Settlements Account.

9. It shall be the duty of the Board to ascertain, by the valuation Board to ascertain of one or more competent valuers and by such other means as it thinks yaiue and report to • -i • Minister fit, the value of any private land proposed to be acquired under this Ibidj sec' 9 Act, and to report to the Minister as to its character and suitableness for settlement, and the demand for land for settlement in the locality where it is proposed to acquire the same.

10. In any case where land is taken or acquired under the pro- Minister to make visions of this Act the Minister shall offer such sum as he thinks fit, and if such offer is not accepted by the owner, then the compensation 1896; No- 44> sec< 12 payable shall be ascertained by the Court in the manner prescribed NO. 55, sec. 4 by this Act.

Voluntary Acquisition. 11. (1.) Upon the written recommendation by the Board that any gpon reconimenda

private land is suitable and should be acquired for any of the purposes tjon of this Act, the Governor, with the advice and consent of the Executive acquire LndT Council, may conclude the acquisition thereof by purchase or exchange 1900, No. 52, sec. 10

III—26*.

404

Procedure when land-equivalent given in exchange.

Power to grant lease as part of consideration on acquiring lands. 1907, No. 51, sec. 79

Land may be purchased at auction. 1901, No. 9, sec. 7

Land may be taken compulsorily. 1900, No. 52, sec. 11

Limitations of right to take land compulsorily. Ibid, sec. 12

at a price or land-eqnivalent not exceeding that recommended by the Board, and may execute all deeds and instruments and do and perform all acts necessary for the completion of any such purchase or exchange.

(2.) Such land-equivalent may be either land subject to this Act or Crown land not subject to this Act:

Provided that in the latter case its value shall be fixed by the Minister after considering the report of the Land Board, and the amount of such value shall, on the completion of the exchange, be paid out of the Land for Settlements Account, and be applied in like manner as if the land had been duly sold for cash in terms of the Land Act.

12 . (1.) In acquiring land voluntarily under this Act the Governor may, on the recommendation of the Board, agree with the seller of the land that he shall receive and accept as part of the consideration for the sale thereof a lease or license under Part III, Part V, or Part VI of " The Land Act, 1908," of or in respect of such area and for such term as the Board thinks fit, not exceeding the maximum area or term prescribed by the said Act; and any such lease or license may be by way of extension of a lease or license which has not yet expired.

(2.) On any such agreement being entered into it shall be the duty of the Commissioner of Crown lands, when so required by the Minister, to carry it into effect by executing a lease or license in accordance with the terms thereof.

13 . Where the Board has recommended the acquisition of any land it shall be lawful for the Minister, or any person appointed by him in that behalf, to purchase that land for the purposes of this Act at any auction sale:

Provided that the purchase-money shall not in any case exceed the amount recommended by the Board.

Compulsory Acquisition. 14. If the Governor in Council decides to acquire any land so

recommended as aforesaid by the Board and the owner refuses to sell or exchange, or it appears to the Governor that no agreement for sale or exchange can be come to, the Governor may take such land compulsorily in the manner and subject to the conditions hereinafter contained :

Provided that nothing in this Act shall be deemed to authorise the compulsory acquisition of lands set aside as endowments or reserves.

15 . Except in the case of land taken under the next succeeding section, the right to take land compulsorily under this Act shall be subject to the following limitations, that is to say :—

(a.) An estate shall not be taken, in whole or in part, unless its total area is not less than the prescribed maximum of first-, second-, or third-class land.

(ib.) If the estate comprises not less than the prescribed maximum, the owner shall have the right to select and retain out of the whole estate any area not exceeding the prescribed maxi-mum : Provided, nevertheless, as follows :—

(i.) The right shall be deemed to be waived unless in the hereinafter-mentioned claim the owner asserts the right, and also specifies with reasonable particularity the area, situation, and classification of the land he proposes to select and retain.

Land for Settlements. [No. 97. 405

(ii.) The land to be selected and retained may consist wholly of one class or partly of one class and partly of another, as the owner thinks fit, but the area shall be so determined as that the acreage of each class or of all the classes combined shall not exceed proportionately the prescribed maximum. .

(iii.) The right to select and retain shall be so exercise'd as not to affect the land proposed to be taken, save to the extent necessary in order to enable the owner to select and retain up to the prescribed maximum out of the whole estate.

(iv.) The area selected and retained shall consist of one block, with frontages and dimensions as specified in section one hundred and twenty-one of the Land Act.

(c.) If the estate is owned in fee-simple by two or more persons who, for a period of two years next prior to the gazetting of the hereinafter-mentioned requisition, have been carrying on business on the estate as farmers in copartnership, each partner whose undivided share of the estate exceeds the prescribed maximum shall have the right to select and retain any area not exceeding the prescribed maximum, in the same manner and subject to the same conditions as if such share had been owned by him in severalty.

(d.) If the land proposed to be taken comprises less than the whole of the estate, the owner shall have the right to require the whole of the estate to be taken; provided that he asserts his right in the hereinafter-mentioned claim.

16. For the purpose of providing workers' homes within easy special provisions reach of the large centres of population land may be compulsorily taken for taking land to

nrovidfi workprs within a borough having a population of not less than fifteen thousand homes, inhabitants according to the latest census returns, or within a radius isoo, No. 52, sec. 13 of fifteen miles from the boundary thereof, subject, however, to the 3 (2) ' se°' following special provisions :— l907< No. si, sec. 83

(a.) The owner shall have the right to select and retain out of the whole estate any area not exceeding four acres if such area is within a borough, or twenty acres in any other case: Provided, nevertheless, as follows :—

(i.) The right shall be deemed to be waived unless in his claim the owner asserts the right, and also specifies with reasonable particularity the area, situation, and boundaries of the land he proposes to select and retain.

(ii.) The right to select and retain shall be so exercised as not to affect the land proposed to be taken, save to the extent necessary in order to enable the owner to select and retain up to the area aforesaid out of the whole estate.

(•b.) The right to take land compulsorily under this section shall not be affected by the fact that the whole or any part of another borough is comprised within the aforesaid radius,

(c.) Land shall not be compulsorily taken under this section until after tenders have been called for land suitable for the purposes of workers' homes, nor unless the Board is satisfied that suitable land cannot be acquired by purchase or exchange.

(d.) The provisions of the last preceding section shall not apply in the case of land taken under this section.

4-406

Preventing evasion of the Act. 1901, No. 9, sec. 6

1908.J Consolidated Statutes.

Every person having estate or interest entitled to compensation. 1900, No. 52, sec. 14

Notice of intention to take land to be

Ibid, sec. 15

Minister to serve requisition on owner. Ibid, sec. 16

Claimant to serve claim on Minister. Particulars to be specified therein. Ibid, sec. 17

17. (1.) In order to prevent any evasion or avoidance of the pro-visions of this Act as to the right of the owner to select and retain any limited part of any estate intended to he acquired under this Act, it is hereby declared that the area of the whole estate shall be computed as at the commencement of the negotiations for the purchase under this Act, and no subsequent disposition of the estate or any part thereof shall operate to defeat the power of the Governor to acquire the land under this Act.

(2.) The date at which negotiations for the purchase shall be deemed to commence shall be the date upon which notice was given under the hand of the Land Purchase Inspector or other person duly authorised in that behalf intimating to the owner that the Governor had decided to acquire the land.

(3.) If the Governor does not proceed with the purchase, and the land is not acquired by him within twelve months after the date of the notice mentioned in the last preceding subsection, then the restriction on the disposition of the land under that subsection shall cease to have effect.

18 . (1.) In every case where land is taken compulsorily under this Act the owner of the land taken, and also every other person having any estate or interest therein (hereinafter referred to as " the claimant "), shall, according to their respective estate or interest in the land taken, or in land injuriously affected thereby, be entitled to full compensation from His Majesty in respect thereof.

(2.) The land shall be taken and the compensation in respect thereof shall be claimed, determined, and paid in the manner and subject to the provisions hereinafter contained.

Proceedings for taking Land compulsorily. 19. (1.) Whenever it is intended to take land compulsorily under

this Act the Minister shall cause notice of such intention to be gazetted.

(2.) Such notice (hereinafter called " the requisition ") may be in the prescribed form, and shall specify the acreage and description of the land, its classification, and the name and address of its owner, and require every claimant to serve his claim for compensation on the Minister in the form and manner and within the period hereinafter provided.

20 . (1.) Within twenty-one days after the gazetting of the requi-sition the Minister shall serve the same on the owner of the land to be taken, and also on every other person who, so far as is known to the Minister, has any estate or interest therein.

(2.) The service may be effected by serving a copy of the requisition as gazetted.

(3.) The requisition, when served, shall be accompanied by a plan and description setting forth the acreage and the Minister's classification of the land to be taken, if it is the whole of an estate, and its acreage, position, and classification if it is part of an estate.

21 . Not later than forty-two days after the gazetting of the requisition, in the case of a claimant who at the time of the gazetting was in New Zealand, or one hundred and fifty days in any other case, each claimant shall serve on the Minister a claim in the prescribed form,


setting forth, with all such plans, descriptions, and particulars as the circumstances may require,—

(a.) In the case of the owner, his classification of the land, if he objects to the Minister's classification thereof :

(•b.) In the case of the owner, his objection (if any) under section fifteen or sixteen hereof, to any land being taken

(c.) In the case of the owner, his demand (if any), under section fifteen or sixteen hereof, to select and retain land out of the estate, with the acreage, description, classification, and position thereof, and the acreage and classification of the whole estate:

(d.) In the case of the owner, his demand (if any), under section fifteen or sixteen hereof, that the whole of the estate be taken, with its acreage, description, and classification :

(e.) In every case, the nature and particulars of his estate or interest in the land to be taken, or in the estate from which the land is to be taken, or in land injuriously affected by the taking, and of all incumbrances, liens, and interests affecting the same respectively :

(/.) Each matter on account of which he claims compensation, with full particulars of the nature and extent of the claim:

(g.) The amount claimed respectively for land to be taken and for land thereby injuriously affected, giving the amount for each item separately:

(,h.) The total amount claimed: (i.) His full name and address for service: (j.) Such further or other particulars as are prescribed. 22. (1.) The claimant shall, not later than twenty-one days after Further procedure

service of the claim for compensation, file in the office of the Supreme ?n, compulsory ~ . t • • i • i • i i i i i 1 • taking of land. Court m the district within which the land proposed to be taken is 190i, No. 9, sec. 5 situate, or, if there are more than one such offices, then in the office nearest to the land,—

(a.) A copy of the claim ; and (b.) A notice stating the name and address of the person he appoints

to act as his assessor ; and shall serve a copy of such notice on the Minister.

(2.) Within twenty-one days after receiving the notice of the appoint-ment of the claimant's assessor the Minister shall also file in the office of the said Court a notice stating the name and address of the person he appoints to act as his assessor, and shall serve a copy of- such notice on the claimant.

(3.) If the claimant makes default in making or serving his claim, or if the claimant or the Minister makes default in appoint-ing an assessor, or in doing any other act, matter, or thing by this Act required or directed to be done, then, on summary application in that behalf by the party not in default, the Chief Justice may, on such terms as to costs and otherwise as he thinks fit, appoint an assessor, or give such directions and make such orders as in his opinion are neces-sary or expedient to enable the claim to be heard and determined by the Compensation Court, and, if the default consists of not making or serving the claim, to enable the order referred to in paragraph (a) of section twenty-seven hereof to be made and acted upon in thp absence of the


claim as fully and effectually as if the claim were properly before the Court.

(4.) In applying the provisions of section forty-one of " The Public Works Act, 1 9 0 8 , " it shall not be necessary for the Minister to offer the amount of compensation in the matter.

Provisions of 23. Every claim for compensation under this Act shall be deemed f « ^ ' a c^aim f° r compensation within the meaning of " The Public Works claim. Act, 1 9 0 8 , " and all the provisions of that Act, save in so far as the i9oo. No. 52, sec. is same are modified by this Act, shall apply thereto for all purposes in

like manner as if the land to be taken under this Act were land taken for a Government work under that Act.

Proceedings for 24. With respect to proceedings for the compulsory taking of land ofZd.8°ry taWng t h e following provisions shall apply :— ibid, sec. 19 (a.) The gazetting of the requisition shall for all purposes be con-

clusive evidence that all steps and conditions precedent thereto have been duly taken and complied with.

(b ) In any case where the person to be served with the requisition is out of New Zealand, or cannot be found in New Zealand, the requisition may be served on him by delivering a copy thereof as gazetted (together with the accompanying plan and description) to any attorney or agent in New Zealand of such person, or by posting the same in a registered letter addressed to such person, attorney, or agent at his last known place of business or abode in New Zealand,

(c.) In no case shall the proceedings for the taking of the land, or the right of any person to claim compensation, be in any way questioned or prejudicially affected by reason merely that the requisition or claim was not duly served, or that the claim was not served within the prescribed period or in the prescribed form:

Provided that in any such case the proceedings may be adjourned by the Compensation Court for such period and upon such terms as to costs and otherwise as it thinks fit:

Provided also that in no case shall any claim for compensation be made or entertained after the gazetting of the Proclamation referred to in section thirty-three hereof.

(d.) The provisions of section forty-one of " The Public Works Act, 1908 " (as modified by this Act), are hereby extended to cases where the claimant fails or neglects to serve his claim for compensation.

(e.) The President of the Court shall in each case be the Chief Justice, or such Judge of the Supreme Court as the Chief Justice deputes in that behalf.

Classification to be 2 5 . On the application of the Minister, or of any claimant con-firstsettiedby cerned, the Court shall, if necessary, determine in the first place all ibid, sec. 20 questions of disputed classification. Amendment 26 . (1.) When the classification has been determined as afore-of claim and said the claimant and the Minister may, on application to the Court S — in that behalf, and within such time not exceeding twenty-one days

as is fixed by the Court, amend their respective claim and requisition by filing and serving notices of such amendment in the pi escribed manner :

[No. 97. 409

Provided that no departure shall be made from the classification as fixed by the Court.

(2.) The amendment of the requisition need not be gazetted. 27 . The claim and requisition, with amendments, as the Case may Claim and requisi-

be, and all matters connected therewith, shall then be determined by tio,n th®n subject to . 7 c n • i • order of Court the Court m manner following, that is to say : — i9oo, No. 52, sec. 22

{a.) The Court, having regard to the limitations and provisions of sections fifteen and sixteen hereof, shall in the first place determine, and by order declare,—

(i.) What land (if any) the Minister is entitled or re-quired to take ; and

• (ii.) What land (if any) the owner is entitled to re-tain.

(6.) Having duly made such order as aforesaid, the Court shall then determine, and by separate order declare,—

(iii.) What sum is to be paid by way of compensation, and to whom ; and

(iv.) Whatever else may be necessary for the purpose of adjusting the rights of all parties interested in or affected by the proceedings.

28 . (1.) At any time before the separate order under the last pre- Power to ceding section has been made fixing the compensation to be paid p eedkiTs in in respect of the compulsory taking of any land the Minister may certain cases on discontinue the proceedings on terms of paying costs and expenses as and xplnses.08 hereinafter provided. i904, No. 55, sec. 2

(2.) The discontinuance shall be effected by gazetting a notice under the hand of the Minister that the requisition has been revoked and the proceedings discontinued.

(3.) A copy of such notice shall be filed in the Court or office in which claims and notices may be filed under section forty-six of " The Public Works Act, 1908," and a copy shall be served on each claimant at his address so far as known.

(4.) The claimants shall be entitled to payment of the proper costs and expenses incurred up to the date of the discontinuance, and the amount thereof shall, where necessary, be fixed by the President of the Compensation Court, if that Court has been constituted, or if not, then by a Judge of the Supreme Court, or as such President or Judge directs.

(5.) The claimants shall be entitled to include as expenses any loss directly and reasonably caused in connection with the working of the land by reason of the requisition and the proceedings thereon.

29 . (1.) In determining what sum is to be paid by way of com- Mode of determining

pensation in respect of land taken or thereby injuriously affected the compensation Court shall have regard only to the value of the land, and also the loss i999 ö2> 8ec 23 (if any) caused to the claimant's business by the taking of the land.

(2.) The value of the land shall in every case be assessed at its value as at the date of the gazetting of the requisition.

3 0 . For the purposes of this Act the provisions of " The Public Provisions as to Works Act, 1908," relating to the assessment of compensation are hereby ^«^ent o f

P 7 , 0 . - i i ' * pensation modified. modified m so tar as they are inconsistent with this Act. l90i, No. 9, sec. 13

3 1 . (1.) Where land is taken compulsorily under the provisions Assessment of of this Act in pursuance of any requisition gazetted after the last day °3.Pt?ken0n f°r

of March, one thousand nine hundred and eight, then, notwithstanding l907 No 51 seo 81


anything to the contrary in this Act, no compensation shall be payable to any person in respect or by reason of the taking of such land other than compensation assessed and determined in accordance with the provisions of this section.

(2.) The compensation so payable shall be separately assessed in respect of the unimproved value of the land to be so taken, and in respect of the improvements thereon, in manner provided by this section.

(3.) The unimproved value of the land shall be deemed to be the amount at which the unimproved value is assessed in the district valua-tion roll in force under " The Valuation of Land Act, 1908," at the time when the requisition for the taking of the land is gazetted. The unimproved value so assessed in the said valuation roll is hereinafter referred to as the Government valuation.

(4.) If the land so taken or any part thereof is not separately valued in the said valuation roll, but is only a part of a larger area which is so valued, the unimproved value of the part so taken shall be deemed to be such proportion of the Government valuation of the said larger area as the Court determines to be fairly attributable to the part so taken.

(5.) The value of the improvements on any land to be taken compulsorily shall be assessed, as at the date of the gazetting of the said requisition, in the manner provided by this Act in respect of the valuation of land so taken.

(6.) In every case there shall be added to the total amount payable under this section in respect of the unimproved value of the land a further sum calculated as follows :—

(a.) If the said amount does not exceed fifty thousand pounds, then a percentage of ten per centum thereof ; or

(b.) If the said amount exceeds fifty thousand pounds, then a percentage of ten per centum in respect of fifty thousand pounds and of five per centum in respect of the residue.

(7.) The owner of any estate or interest separately valued in the said valuation roll may from time to time give notice in writing to the Valuer-General that he requires such valuation, so far as it relates to the unimproved value of the land, to be increased to an amount named in the said notice, and the Valuer-General shall thereupon increase the said valuation accordingly, and shall make a corresponding increase in the valuation of the capital value of the land, and shall insert in a subsidiary roll the said valuations as so increased. The increased valua-tions so inserted in the said subsidiary roll shall, for the purposes of this section, and also for the purposes of the assessment of land-tax, whether ordinary or graduated, under " The Land and Income Assess-ment Act, 1908," and of the assessment of duties under " The Death Duties Act, 1908, ' be deemed to be substituted for the valuations con-tained in the district valuation roll, and shall, until the next revision of the last-mentioned roll, have for the said purposes the same effect and operation as if made by the Valuer-General in accordance with the provisions of " The Valuation of Land Act, 1908," and inserted in the district valuation roll accordingly.

(8.) The subsidiary roll shall not be available for any purpose other than those mentioned in the last preceding subsection.

[No. 97. 411

(9.) Every notice requiring an increase of valuation in manner aforesaid shall be given to the Valuer-General either in the month of March in any year or (in the case of any revision of the valuation of the said land in the district valuation roll) within one month after the date of the advertisement published by the Valuer General in pursu-ance of section twelve of " The Valuation of Land Act 1 9 0 8 . "

(10.) No requisition for the taking of any land shall be gazetted at any time during the month of March in any year or (in the case of any" such revision as aforesaid) within one month after the date of the advertisement mentioned in the last preceding subsection.

(11.) In this section the terms " improvements " and " unimproved value " have the same meanings as are attributed thereto in section two of " The Valuation of Land Act, 1 9 0 8 . "

(12.) Where the district valuation roll contains separate valuat'ons of the unimproved value of any land in respect of the separate interests of two or more persons therein, the unimproved value of that land shall be deemed to be the aggregate amount of such separate valuations.

(13.) In every case there shall be added to the total amount of compensation payable under the foregoing provisions a sum equal to two per centum thereof, by way of compensation for the compulsory taking of the said land, and by way of compensation for any loss or injury that may be suffered in consequence of such taking, whether in respect of the land so taken or in any other respect.

32 . At any time before the gazetting of the Proclamation referred Court may make to in the next succeeding section the Court may of its own motion, supplementary or on the application of the Minister or any party concerned, make a 1900j No 52) ^ 24 supplementary order for the purpose of remedying any defect in or of giving fuller effect to the original order referred to in paragraph (a) of section twenty-seven hereof.

33 . (1.) As soon as conveniently may be after the expiration of Governor to pro-twenty-one days after the making of such original order or supplementary J1™ slT 2 5 t a k 6 n

order the Governor shall by Proclamation declare that the land specified in that behalf in such order or supplementary order is compulsorily taken under this Act.

(2.) On and from the date of the gazetting of such Proclamation Land then to vest in the land therein specified as aforesaid shall by force of this Act become ^sdMajest2^' and be deemed to be absolutely vested in His Majesty for an estate in 1 '8ec ' fee-simple in possession, freed and discharged from all other estates, and from all incumbrances, liens, claims, and interests whatsoever,

34 . The compensation-money shall in every case be deemed to when compensation

be payable on the date on which the effective occupation of the land Paya b l e-acquired is given up to His Majesty by the owner or other the Ibld 'sec-27

person in actual occupation at the date of the gazetting of such Pro-clamation.

3 5 . In any case where, by reason of such Proclamation having if compensation not

been gazetted before the amount of the compensation is fixed by the ^ ^ r e s t payablea t e '

Court, or for any other reason not imputable to the act, neglect, or ibid, sec. 28 default of |the fperson 'entitled, any compensation-money is not duly paid or satisfied on the date when it becomes payable, then, for the period elapsing between that date and the date when the money is duly paid or satisfied, interest thereon at such rate as is agreed on, or as in default of agreement is fixed by the Court, shall also be payable.


Owner may elect to 36 . At any time before the gazetting of such Proclamation the Tspecified eriod01 o w n e r m a y giy e notice in writing to the Minister that he elects to remain 1900, No. 52, sec. 29 possession of the land specified in the Proclamation for a period to

be stated in such notice, not exceeding twelve months from the date on which the Proclamation is gazetted, and he shall thereupon have a right to occupy such land for the period so stated, subject to the following conditions:—

(a.) No part of the compensation-money shall be payable until the expiration of the said period.

(b.) At all times during the said period the Minister and any persons authorised by him, either generally or particularly, shall have full and free right of ingress, egress, and regress'through, over, and upon such land for the purposes of survey, road-making, or inspection in the same manner and to the same extent as if such land were unoccupied Crown lands,

(c.) At all times during the said period the occupier, at his own cost in all things, shall keep the land, and all buildings, fences, and other erections thereon, in good and sub-stantial condition and repair, and also shall insure and keep insured all buildings and erections of an insurable nature in the name of His Majesty in such sum and insurance office as the Minister approves ; and if the occupier fails or neglects so to do the Minister may do so in his stead and at his cost in all things:

Provided that in so far as any such insurance is sub-sisting in the name of His Majesty the premiums thereon shall be payable by the occupier,

(d.) Whilst in the possession of the land under this section the occupier shall be deemed to be an occupier within the meaning of " The Rating Act, 1908."

(e.) Except with the previous written consent of the Minister, and upon such terms as the Minister thinks fit to impose, the occupier shall not—

(i.) Assign, sublet, or in any way part with possession of the land or any part thereof ; nor

(ii.) Agist stock thereon ; nor (iii.) Plough any part thereof which is in grass, nor take

any crop or other produce from any part thereof. (/.) If the occupier fails or neglects to faithfully observe any of the

aforesaid conditions, then, irrespective of any other right or remedy exercisable by His Majesty, he shall whilst such failure or neglect continues be liable to pay a rental at the rate of five per centum per annum on the amount of the compensation-money ; and such rental, together with all costs and expenses incurred by or on behalf of His Majesty under this section, may be deducted from the compensation-money.

Supplementary 37 . At any time within twenty-one days after the making of the defects.emedymg separate order referred to in paragraph (b) of section twenty-seven hereof ibid, sec. 30 the Court may of its own motion, or on the application of the Minister

or of any party concerned, make a supplementary separate order for the purpose of remedying any defect in or of giving fuller effect to the original separate order.


P A Y M E N T FOB L A N D ACQUIRED. 38. (1.) All land acquired under this Act may be paid for by Mode of payment

money, or (with the assent of the person entitled) by debentures, scrip, for land ac(iuired-or inscribed stock created and issued as hereinafter provided. ' ' ' ° sec'"

( 2 . ) In the absence of any order of the Compensation Court or where payment to be made. 1906, No. 58, sec. 9 agreement of the parties to the contrary, the place of payment shall be be made

the office of the bank at which the Public Account is kept nearest to the residence of the claimant if he resides in New Zealand, and the Treasury at Wellington if he does not reside in or is absent from New Zealand.

39. (1.) For the purpose of providing funds for the acquisition of Minister of Finance land under this Act the Minister of Finance, on being authorised by the maF raise moneys. n • n -1 . i • i n j 4. • x J.- 1 9 0 0 ' N o - 52, sec. 32 Governor in Council so to do, is hereby empowered to raise irom time to time, on the security of and charged upon the public revenues of New Zealand, such sums of money, not exceeding in each financial year the sum of five hundred thousand pounds, as he thinks fit:

Provided that to the extent to which the full sum of five hundred thousand pounds is not raised in any one financial year, to the same extent the sums raised in any subsequent financial year may exceed five hundred thousand pounds.

(2.) This Act shall be deemed to be an authorising Act within the New Zealand Loans meaning of " The New Zealand Loans Act, 1908" ; and the moneys ^ hereinbefore authorised to be raised shall be raised under and subject to 33-45 ' ' ~ °8' the provisions of that Act accordingly: 1904« No- 23>sec- 2

Provided that the currency of any new debentures created and 1900, No. 52, sec. issued for the purpose of paying off or renewing at maturity other 74 W debentures created and issued under this Act or any former Land for Settlements Act shall not exceed forty years, computed from the date of the issue of the original debentures.

40 . The sums so raised shall bear interest at such rate (not exceed- Rate of interest, ing four pounds ten shillings per centum per annum) as the Minister ibid, sec. 34 of Finance prescribes. 1903' No' 43'aec' 3

41. In lieu of actually raising the money the Minister of Finance Debentures may be may (if the person entitled to payment is willing to accept them instead issued in !ieu of, • • • • D9iVD16Q.t 111 Cctsll

of cash) create and issue debentures, scrip, or other securities, under l900 No 52 aec 32 " The New Zealand Loans Act, 1908," in or towards satisfaction of the purchase-money or compensation payable in respect of land acquired; and the provisions of that Act shall apply to such securities in the same manner in all respects as if the same had been created and issued in respect of money actually raised.

42 . All moneys raised as aforesaid shall, as and when raised, Moneys raised to be be paid into the Public Account to the credit of a separate account settiem atsd f°r

called " The Land for Settlements Account " (being the same account Account. as is constituted under " The Land for Settlements Consolidation Act, ibid. sec. 46 1900 " ) ; and with respect to such separate account and the moneys therein the following provisions shall at all times apply :—

(a.) The costs and expenses incurred in raising the aforesaid moneys cost of raising shall be charged to and paid out of that account. moneys.

(b.) Any of the moneys in that account may from time to time be applied in paying off debentures or other securities issued for the purposes of this Act or any former Land for


Settlements Act, nevertheless to the extent only to which the proceeds of such securities have been paid into that account.

(c.) All sums payable in respect of the acquisition of land or in respect of interest on moneys raised as aforesaid shall be paid out of that account.

Temporary invest- {d.) Any of the moneys in that account may, until required for ment of moneys. the purposes of this Act, be temporarily invested from time

to time, as the Minister of Finance directs, in any Government securities, or in any securities wherein for the time being any balances in the Public Account may lawfully be invested, and all interest received in respect of any such investment shall be paid into the Land for Settlements Account.

Sinking Fund. Sinking fund for 43 . (1.) For the purpose of providing a sinking fund for the repayment of repayment of debentures, stock, or other securities issued under or for securities issiipoi x. j 1906. No. 24, sec. 5 the purposes of this Act or any former Land for Settlements Act

(hereinafter referred to as " the Land for Settlements Acts"), the Minister of Finance shall, without further appropriation than this Act, pay out of the Land for Settlements Account to the Public Trustee in each financial year a sum equal to one per centum of the total amount of such securities then outstanding.

(2.) All sums so paid over to the Public Trustee shall be credited by him to an account called " the Land for Settlements Loans Sinking Fund Account," and shall be invested by him on securities yielding the highest rate of interest, or, as and when the said Minister directs, on securities issued under or for the purposes of the Land for Settlements Acts.

(3.) The moneys in the said account (including all accumulations of interest), and the investments for the time being representing the same, shall be held by the Public Trustee for the purpose of redeeming, as and when the said Minister so directs, any securities issued under or for the purposes of the Land for Settlements Acts.

DISPOSAL OF L A N D ACQUIRED.

General. Land acquired to 44 . (1.) All land acquired under this Act shall, on and from the be Crown land date on which the acquisition is completed, be deemed to be Crown subject to Act. , . . ^ r

1900, No. 52, sec. 47 land subject to this Act (2.) A notification in the Gazette by the Minister that any Crown

land is subject to this Act shall be sufficient evidence of the fact. No settlement land 45 . (1.) No settlement land shall be disposed of by way of lease in IE°A?EEIDIS °S ETUITBY PERPetuity, but all such land may be disposed of by way of renewable 1907 No 5I sec 76 L E A S E accordance with the provisions of Part I I I of the Land Act,

but subject to the provisions hereinafter contained. Term of lease. (2.) The term of the lease shall be thirty-three years, with a

perpetual right of renewal for further successive terms of thirty-three years.

Rental. (3.) Every such lease shall be granted at a yearly rental of four pounds ten shillings per centum of the capital value of the land.

Land Transfer. [No. 99. 415

(4.) Such capital value shall he fixed by the Minister, and shall Capital value, be not less than sufficient to cover the cost of the acquisition of l900'No-52'aeo-51

the land, together with the cost of survey, roading, subdivision, and other works and operations done on the land, the value of so much of the land as is absorbed by roads and reserves (being other than reserves made under section sixty-nine hereof), and the estimated cost of administration.

(5.) Such rental shall, as and when received, be paid into the Land * for Settlements Account.

(6.) On the renewal of any renewable lease of settlement land the How rental on rental shall be determined as in the case of a renewable lease of Crown dete^ne^6 t0 be

lands under Part III of the Land Act, save that the said rental may 1907, No. 51, sec. amount to but shall not exceed four pounds ten shillings per centum 76 ^ of the then value of the land as determined in accordance with the provisions of the said Part.

(7.) Subject to the provisions contained in this Act, all the provi- provisions as to sions of Part III of the Land Act with respect to leases in perpetuity j®asdes of settlement

and to renewable leases (except the provisions of sections one hundred ibid, sec. 82 and ninety-four and one hundred and ninety-five of that Act) shall apply respectively to leases in perpetuity and renewable leases of settlement land.

46 . (1.) Pastoral land acquired under this Act or subject to the Renewable lease of provisions thereof, and not suitable for close settlement, may be dis- ^tebie 1 for cios? posed of by way of renewable lease, in accordance with the provisions settlement. of the last preceding section, in such areas as the Land Board, with the Ibid>sec-77

approval of the Governor, thinks necessary for the profitable occupation thereof, although such areas may exceed the limits of area permissible independently of this section.

(2.) To any such area of pastoral land there may be added any low-lying settlement land which the Land Board, with the approval of the Governor, considers necessary for the proper working of the said pastoral land, whether such low-lying land is or is not contiguous thereto.

47 . The Governor may from time to time, by Order in Council Proviso as to gazetted, set apart any settlement land for the purposes of " The ^c°trkers'Dwellings

Workers' Dwellings Act, 1908." 1905, No. 42, sec. 3 48 . All land acquired under any former Land for Settlements Act Land acquired under

shall, for the purposes of its disposal and administration, be deemed g ttiement Acts to have been acquired under this Act. and shall be subject to this Act 1900, No. 52, sec. 48 accordingly.

49 . The owner of a lease in perpetuity under " The Land for Lessee in perpetuity Settlements Consolidation Act, 1900," may at any time surrender his S^Tr^newabie lease and obtain in lieu thereof a renewable lease of the same land. lease.

50. The provisions of section one hundred and ninety-two of the 1907' No- 51>sec-18

Land Act shall apply in the case of every such surrender. Provisions on 1 L J J surrender.

Disposal by way of Lease. Ibid, sec. 18

51 . (1.) Subject to any special provision of this Act as to leases Provisions in special cases, the following general provisions shall apply in every lea31ng case where settlement land is to be disposed of by way of lease, that 1900, No. 52, sec. 49 is to say :—

1908.]

(a.) The block of land to be disposed of shall in each case be divided into such allotments as the Minister determines.

(b.) An allotment may comprise less or more than a surveyed sec-tion, but no allotment shall exceed the area prescribed by the Land Act.

(c.) The allotments shall be numbered, and, where ballot is required, shall be balloted for in accordance with the Land Act.

(d.) Applicants for allotments shall be not less than twenty-one years of age.

(e.) Irrespective of the limitation of area prescribed by the Land Act, an application may comprise more allotments than one, but no applicant shall be entitled to obtain more than one allotment.

(/.) If there is only one applicant for any allotment, he shall be entitled to that allotment, and thereupon his application shall be void as to all other allotments.

(g.) If there is only one applicant for more than one allotment, he shall be entitled to select any one of such allotments, and thereupon his application shall be void as to all other allotments ; but he shall declare his selection before the commencement of the ballot.

(h.) If a person is one of several applicants for more than one allot-ment, he shall be entitled to the allotment for which he is first successful in the ballot, and thereupon his application shall be void as to all other allotments.

(i.) In cases where there is more than one applicant for the same allotment applicants who are landless shall have preference over those who are not, and the decision of the Land Board by which the land is being disposed of as to who of the applicants are landless and who are not shall be final and conclusive.

(j.) An applicant for town or suburban land shall be deemed to be landless if at the time of his application he does not hold, under any tenure, such area of town or suburban land as, in the opinion of the Land Board, is sufficient for a home for himself and his family.

(Jc.) An applicant for rural land shall be deemed to be landless if at the time of his application he does not hold, under any tenure, such area of rural land as, in the opinion of the Land Board, is sufficient for the maintenance of himself and his family.

(Z.) In the case of the husband or wife, if either of them is not land-less, neither of them shall be deemed to be landless.

(m.) The applicant shall state in his application whether he is land-less or not, and also, in the case of an applicant for rural land, the means he possesses for stocking and cultivating the land, and erecting suitable buildings thereon.

(n.) Before taking the ballot or otherwise disposing of the applica-tions the Land Board—

(i.) Shall ascertain and determine who of the applicants are landless and who are not; and also

(ii.) May call on any applicant to appear and give evi-dence as to his compliance with the foregoing provisions of


this Act, and also as to his general ability to properly culti-vate the land and fulfil the conditions of the lease,

(o.) If any applicant so desires, he may be examined by the Land i9(H, No. 55, sec. 6 Board of the district in which he is then resident, and it shall be the duty of such Land Board to make inquiry, as provided by the last preceding paragraph, as to his bona fides and suitability, and if he is approved by such Land Board, a certificate shall forthwith be issued to him, which shall entitle him to take part in the ballot without further examination by the Land Board by which the land is being disposed of.

(p.) If any applicant fails to satisfy the Land Board on any 1900, No. 52, sec. 49 material point, the Land Board may by resolution reject his application, and in such case the rejection shall be final, and the application shall be deemed to be void.

(q.) Every application shall be accompanied by a deposit of one half-year's rent of the land applied for, together with the sum of one guinea to defray the cost of the lease '

Provided that, where the application comprises more allot-ments than one, it shall be sufficient if the deposit is equal to the half-year's rent of the allotment whose rent is the highest,

(r.) If the applicant is successful in obtaining an allotment, the deposit, or a sufficient portion thereof, shall be. retained as the first half-year's rent thereon in advance, computed from the date of the commencement of the term of the lease, and the residue shall be returned to him.

(.s.) If the applicant is unsuccessful, or if the application is rejected, the deposit shall be returned to him.

(2.) If at anytime any lessee satisfies the Land Board that the area held by him is too limited, having regard to the quality of the land, for the sufficient maintenance of himself and his family, the Board may, with the consent of the Minister, allow him to take up ?such additional adjoining area as the Board thinks fit.

52 . No person who has been successful in any land ballot and who Persons ineligible to afterwards disposes of his land shall be eligible to again become an apply f°r allotment-applicant until after the expiration of one year from the date of such ' 1 'sec ' disposal, unless under special circumstances and"with the permission of the Land Board.

53. Before any settlement land is opened for public selection the Leases without Land Board may, with the approval of the Minister, grant a renewable oeS?cases"1

lease of any allotment thereof without competition to any person who 1907, No. 51, sec. 80 has been employed by the late owner thereof for at least five years im-mediately preceding its acquisition, and who by such acquisition is deprived of his employment, at an annual rental to be determined by the Board, being four pounds ten shillings per centum of the capital value of the land as fixed by the Minister in accordance with section forty-five hereof :

Provided that such person shall make the necessary declaration and otherwise comply with the conditions required to be performed by an applicant for Crown lands.

54 . Every applicant! who obtains an allotment of rural land Residence shall reside continuously thereon. VoaT*™7' n

T , T „ „ J 1901, No. 9, sec. 9 I I I — 2 7 .


Rebate and Remission of Rent. Rebm? t ofPrentUal 55. In order to encourage the punctual payment of rent, the S r r 5 2 r e L 52 following special provisions shall apply in the case of land heretofore or

hereafter disposed of by way of lease :— (a.) The Commissioner of Crown Lands and the Receiver of Land

Revenue may in their discretion grant to the lessee, not being in arrear with any previous instalment of rent or other money payable under his lease, a rebate not exceeding one-tenth of each half-yearly instalment of rent which he pays within one month after the day appointed for the payment there-of.

(b.) Such rebate may, when agreed to by the said Commissioner and Receiver, be deducted and retained by the lessee from the full nominal amount of the instalment when making the payment.

(c.) This section shall apply to leases current on the coming into operation of this Act as well as to leases hereafter granted; and in any case where the said Commissioner and Receiver decide not to grant a rebate of rent as aforesaid such decision shall be final and conclusive.

Rent may be 56 . In the event of any lessee being unable at any time, through caSstted m certam any natural disaster or other sufficient cause, to pay the rent due under Ibid, sec. 53 his lease, the following provisions shall apply :—

(a.) Upon the recommendation of the Land Board, and upon being satisfied that it would be reasonable and equitable to afford relief, the Minister may remit a year's rent, or such portion of a year's rent as he deems reasonable :

Provided that the sum to be remitted shall first be appropriated by Parliament out of the Consolidated Fund.

(b.) The sum remitted shall be placed to the credit of the Land for Settlements Account in liquidation of the rent remitted,

(c.) Relief under this section shall not be given to any lessee who is over twelve months in arrear with his rent.

(d.) This section applies to leases current on the coming into operation of this Act as well as to leases hereafter granted.

Special as to Buildings. Special provisions 57 . In every case where buildings are situate on the land at IituatebonWS. the time when it is to be disposed of by way of lease, then, notwith-ibid, sec. 54 standing anything to the contrary contained in this Act, the following

special provisions shall apply :— (a.) The Minister shall cause the buildings to be valued separately

from the land, and the rental shall be computed on the capital value of the land apart from the buildings.

(b.) The value of the buildings shall, together with interest thereon at the rate of five per centum per annum, be paid by the lessee by equal half-yearly instalments in advance, extending over such period, being not less than seven nor more than twenty-one years, as, subject to the approval of the Minister, the Land Board in each case thinks fit to determine, and


until paid shall be deemed to be a charge on the land and on the lessee's interest therein,

(c.) Subject to the approval of the Minister, the Land Board may, if it thinks fit, postpone the commencement of such period and the payment of the first half-yearly instalment as afore-said until the expiration of the second year of the term^ of the lease; and in such case the lessee shall in the meantime pay interest on the value of the buildings at the rate'afore-said by equal half-yearly instalments in advance.

(d.) All moneys received from the lessee in respect of value of buildings or in respect of interest shall be paid into the Land for Settlements Account.

(e.) The lease shall be in such form and shall contain such provisions for insurance and otherwise as the Minister prescribes in order to give full effect to this section.

58 . In any case where, prior to the coming into operation of " The Las!i preceding Land for Settlements Act Amendment Act, 1 8 9 6 , " land has been leased retroactive. at a rental computed on the capital value of the land plus buildings, 1901, No. 9, sec. 2 the lessee may, with the consent of the Minister, surrender his outstanding lease and obtain in lieu thereof a fresh lease under the last preceding section, and the rental and other payments under such new lease shall be computed in like manner as if the land was being disposed of by way of lease under that section.

Leases in Special Cases. 59. In any case where settlement land is suitable for a homestead- Land may be

site for neighbouring pastoral Crown land the following special provisions homestead-sites shall apply, anything in this Act to the contrary notwithstanding :— for neighbouring

(a.) Such land may, with the approval of the Land Board, be l^0™1 la*d' I« 1 A . . -a 1 1 • f* -J ' 1 1 • I yiA/, JNO. öZ, S6C. ÖÖ disposed 01 to the lessee or licensee 01 such neighbouring pastoral Crown land, and on the same tenure, save that the rent shall be fixed in manner prescribed by this Act, and that the term shall be deemed to expire contemporaneously with the expiration or sooner determination of the lease or license of such neighbouring land.

(b.) Upon the expiration of the term of the lease or license of the homestead-site, the outgoing lessee or licensee thereunder shall be entitled to valuation for improvements to the extent and in manner prescribed by sections seventy-two fco seventy-eight of the Land Act.

(c.) For the purposes of this section the conditions of the Land Act relating to limitation of area shall not apply to any such lease or license ; and for the purposes of the conditions of that Act relating to residence and improvements the homestead-site shall be deemed to be comprised in the lease or license of the neighbouring land.

60. (1.) In any case where land when acquired under this Act Owner may, on* contains a homestead, the owner from whom the land was acquired anted renewabie may, out of the land acquired, obtain a renewable lease of the home- lease of homestead-stead and land surrounding it, not exceeding in all six hundred and JjJfj ^ forty acres of first-class land or one thousand acres of mixed classes of 1 'sec ' land, as he may select: Provided—

I I I — 2 7 *


Tenant in occupation may obtain lease. 1900, No. 52, sec. 57

Exemption from certain provisions of Land Act. Ibid, sec. 58

Occupier liable for rates or taxes. Ibid, sec. 59

Restriction on dealings with leases. Ibid, sec. 60

Transfer of lease of rural land prohibited within five years. 1901, No. 9, sec. 10

Lease may be surrendered. Ibid, sec. 11

Provisions of Land Act as to lessees to apply. 1900, No. 52, sec 61

a.) That he makes application to the Land Board in writing within fourteen days after the acquisition of the land:

(b.) That in the application he sets forth by description and plan the area so selected :

(c.) That the Land Board approves of the application, and is satis-fied that the grant of the lease will not prejudicially affect the settlement of the residue of the land so acquired.

(2.) The lease shall contain such conditions as to insurance, main-tenance, and repair of buildings and otherwise as, with the approval of the Minister, the Land Board prescribes.

(3.) The Land Board is hereby empowered to deal with the applica-tion, and to issue the renewable lease without previously notifying the land as open for application, anything in the Land Act or this Act to the contrary notwithstanding.

61 . In any case where land when acquired contains a homestead in the bona fide occupation of a tenant, then, subject to the prior rights created by the last preceding section, such tenant may, in the manner and subject to the conditions prescribed by that section, obtain a renewable lease of the homestead and land surrounding it, not exceeding in all six hundred and forty acres, and the provisions of that section shall, mutatis mutandis, apply accordingly.

General Provisions as to Leases. 62. Neither the provisions of the Land Act as to the payment

of thirds or fourths to local authorities nor the provisions of section one hundred and twenty-two of that Act shall apply to settlement land.

63 . Every lessee of settlement land shall be deemed to be an occupier of Crown lands under the Land Act within the meaning of all Acts relating to the payment of rates or taxes.

64 . Except on the recommendation of the Land Board and with the approval of the Minister, it shall not be lawful for any lessee to transfer, sublet, or in any way part with, mortgage, or charge his lease, or any portion of his interest therein, until the expiration of the fifth year of the term of the lease :

Provided that any lease may at any time be surrendered on such conditions as the Land Board recommends and the Minister approves.

65. It shall not be lawful for a lessee of rural land under this Act to transfer the land comprised in the lease within the period of five years from the date of such lease :

Provided that on the death of the lessee, or on the happening of any extraordinary event which in the opinion of the Land Board renders a transfer necessary or expedient, a transfer of the lease may, with the sanction of the Land Board and the Minister, be made.

66 . The Land Board may, at any time after two years from the date of any lease, and with the consent of the Minister, accept a surrender of the lease on the condition that the value of the improve-ments made by the lessee shall be paid to such lessee by the incoming lessee, the value of such improvements being previously ascertained and determined by the Board, whose decision shall be final.

67 . Subject to the provisions of this Act and the regulations thereunder, all the provisions of the Land Act (including the provisions


as to penalties, forfeiture, and otherwise) relating to lessees of Crown lands shall, mutatis mutandis, in so far as they are applicable, apply to and may be enforced against lessees of settlement land.

1900, No. 52, sec. <52

Reserves. 68. (1.) Notwithstanding anything to the contrary contained in portions of land

this Act, it shall be lawful for the Minister, out of any lands acquired JJ^ä^stai» fS-m« under this Act, to reserve from time to time such blocks asjjjhe thinks fit, and to use the same for the purposes of State or experimental farms, under such conditions as, subject to regulations, he thinks fit.

(2.) So long as any block is so reserved there shall be payable in respect thereof the same rent and other payments in all respects L as if the block had been disposed of by lease to private persons.

(3.) All such rent and other payments shall be paid out of moneys appropriated by Parliament from the Consolidated Fund, and shall be credited to the Land for Settlements Account.

69 . (1.) The Governor may from time to time, as he thinks fit, Reserves for public set aside reserves for any specified public purpose out of land acquired PurP°ses-under this Act; but no land acquired under this Act shall be set aside Ibld',sec' 63

for endowments. (2.) When any land is set aside as a reserve under this section Payment therefor,

a sum equal to the capital value thereof shall be credited, to the Land for Settlements Account out of moneys appropriated by Parliament from the Consolidated Fund, and thereupon the land shall cease to be subject to this Act.

Disposal by way of Sale, Lease, or Exchange in Special Cases. 7 0 . Notwithstanding anything to the contrary in this Act, Power to sell sites

settlement land may be disposed of by way of sale in fee-simple in the ^tori^or' da"y

cases and subject to the conditions following, that is to say :— creameries. (a.) With the consent in each case of the Minister, land may be Ibidj sec- 64

sold in fee-simple as a site for a dairy factory, cheese-factory, 51'secs' fruit-preserving factory, or creamery, or for any educational, religious, charitable, or public purpose, or for any other purpose which, in the opinion of the Minister, renders such a sale expedient in the public interest.

(b.) No allotment so disposed of shall exceed five acres in extent. (c.) With the consent of the Minister, land may be disposed of to

any local authority by way of sale in fee-simple for any public work.

(d ) The price shall in each case be fixed by the Minister, and[ßhall be not less than the cost of the land (including in the cost all expenses incurred under this Act insconnection with the land).

(e) For the purposes of any such sale the provisions of the Land Act relating to declaration, formal application, or public auction shall not apply.

(/ ) The proceeds of the sale shall be paid into the Land for Settle-ments Account.

7 1 . Notwithstanding anything in this Act, the Governor may Site for public hail, grant on lease any settlement land as a site for a public hall or for &c-& , • r 1904, No. 55, sec. 7 recreation purposes.

422 1908.J Consolidated Statutes.

Power to exchange lands. 1907, No. 51, sec. 8(

Flax leases. Ibid, sec. 58

Power to utilise and develop land acquired, and prepare it for settlement. 1900, No. 52, sec. 65

Extension of Minister's powers. 1901, No. 9, sec. 3

Powers where land contains mineral deposits. 1900, No. 52, sec. 66

72. (1.) The Governor may from time to time exchange any settlement land for any other land, and^may'on such exchange pay or receive any sum by way of equality of exchange, and the land acquired by such exchange shall be deemed to be settlement land.

(2.) All sums so paid shall be paid out of the Land for Settlements Account, and all sums so received shall be paid into that account.

73. The provisions of section three hundred and thirteen of the Land Act (relating to flax leases) shall extend and apply to settlement land.

Special Powers of Minister in respect of Settlement Land. 74. For the purpose of utilising and developing settlement land

and preparing it for settlement the following special provisions shall a p p i y : —

(a.) As soon as practicable after any estate has been acquired the Minister shall, where necessary, cause it to be surveyed, classed, and subdivided, and may lay off such roads and set aside such reserves as he thinks expedient.

(b.) Pending the disposal of the land by way of lease, the Minister may deal therewith and carry on operations thereon in such manner in all respects as he deems expedient.

(c.) If the land contains deposits of coal, lime, or valuable stone, the Minister may deal with and dispose of the land (other-wise than by sale) and do or contract for the doing of such works and operations in such manner and on such terms and conditions as, subject to regulations, he deems expedient for the purpose of most advantageously developing and utilising such deposits.

(d.) All moneys expended by the Minister under this section shall be paid out of the Land for Settlements Account, and all moneys received by him under this section shall be paid into that account.

(e.) The difference between the moneys so expended and received in respect of any land, or of the deposits therein, shall be taken into account in computing the total capital value of the land, and the rental shall be fixed accordingly.

75 . The powers conferred upon the Minister by the last preceding section shall be deemed to include the power to construct, or to join with any person or local authority or with the Crown in constructing, roads, bridges, drainage-works, and river-protection works, and such other works upon or in respect of land acquired under this Act as the Minister thinks expedient in order to facilitate the proper settlement of the land or to protect it from injury from floods, river-encroachment, or otherwise, or to agree with any local authority for the construction by such local authority of any such works upon such terms and conditions as the Minister thinks fit, and the provisions of that section shall extend and apply accordingly.

76 . The powers by paragraph (c) of section seventy-four hereof conferred upon the Minister shall, subject to regulations, be deemed to include power to do any of the following things in respect of land containing deposits of coal, lime, or valuable stone, that is to say:—

i

[No. 97.

(a.) To construct, maintain, and work, or arrange for the working of, railways, tramways, and roads.

(6.) To construct, acquire, and maintain buildings, plant, kilns, appliances, and chattels, carry on mining, quarrying, and lime-burning operations, and treat, sell, and dispose of the produce of such operations, in such manner and on such terms as he thinks fit:

Provided that the Minister shall only carry on such operations on land which is not occupied under lease.

(c.) To grant leases of the land, plant, appliances, chattels, and works, or any part thereof, for any term not exceeding twenty - one years, at such rent, royalty, or other con-sideration, and on such terms and conditions, as he thinks fit, anything in this Act or the Land Act to the contrary notwithstanding.

(d.) To prescribe the form of such leases, and to execute the leases in the name and on behalf of His Majesty.

77 . In addition to any sums expended in pursuance of section Moneys payable for seventy-four hereof, and taken into account in estimating the capital wTas^undl value of land acquired under this Act, it shall be lawful for the Minister this Act. to expend out of the Land for Settlements Account all sums which he 1907>No- 51>sec- 90

deems necessary for the improvement, roading, drainage, or otherwise for the benefit or protection of any land leased under this Act; but no money shall be so expended under this section except such amount as is from time to time appropriated by Parliament for the purposes of this section.

MISCELLANEOUS PROVISIONS.

78 . (1.) In the case of land vested in trustees without power of sale Power of sale given the following special provisions shall apply, anything in the instrument fandac SreJfrom containing the trust or in this Act to the contrary notwithstanding :— them.

(a.) Such land may be acquired under this Act by purchase or ex- 1900, No. 52, sec. 67 change in the same manner in all respects as if the trustees were the beneficial owners thereof with power of sale.

(6.) In particular, but without in any way limiting the operation of the foregoing provisions of this section, the trustees may execute valid instruments of assurance for the purpose of vesting the land in His Majesty, if acquired by purchase or exchange.

(c.) All moneys received by the trustees in respect of the purchase of the land by His Majesty, and all land vested in them by His Majesty by way of exchange, shall be held by them upon the same trusts as affected the first-mentioned land immediately prior to its being so purchased or exchanged ; and for the purpose of giving effect to the trusts the trustees may, when necessary, apply the moneys in the purchase of other land:

Provided that this paragraph shall not affect the juris-diction of the Supreme Court to vary or modify the trusts in any case where such jurisdiction would have existed if the land had remained vested in the trustees.


Power to deal with small areas of Crown land adjacent to land acquired. 1900, No. 52, sec. 68

Unused road-lines may be closed. Ibid, sec. 6!)

Governor may prohibit sale of pastoral land in Nelson and Marlborough. Ibid, sec. 70

All moneys payable out of Land for Settlements Account. Ibid, sec. 71 1901, No. 9, sec 4

Expenses payable out of Land for Settlements Account. 1907, No. 51, sec. 89

(id.) The land so acquired by His Majesty shall be deemed to be discharged from the trusts theretofore affecting the same.

(2.) This section does not apply to lands held in trust for persons of the Native race.

79 . (1.) In any case where any small area of Crown land not ac-quired under this Act lies within or adjacent to any land acquired under this Act, and can conveniently be disposed of therewith, the Governor, on the recommendation of the Land Purchase Board, and after con-sidering the report of the Land Board, may, by notice in the Gazette, declare such area to be subject to this Act, and thereupon it shall be deemed to be portion of the land acquired as aforesaid, and may be disposed of accordingly.

(2.) With respect to such area the proviso to subsection two of section eleven hereof shall, mutatis mutandis, apply.

80 . In any case where, on the report of the Surveyor-General, it appears that unformed and unused road-lines intersect any land acquired under this Act, and are not suitable to the subdivision of the land, the Governor, by notification in the Gazette, may close such road-lines and declare them to be subject to this Act, and thereupon they shall be deemed to be portion of the land acquired as aforesaid, and may be disposed of accordingly.

81 . (1.) Notwithstanding any right accrued or reserved to any lessee or licensee of pastoral land under " The Nelson Crown Lands Leasing Act, 1 8 6 7 , " or " The Marlborough Waste Lands Act, 1 8 6 7 , " to purchase such land, the Governor, on the recommendation of the Land Purchase Board, may, by notification in the Gazette, declare any such land to be required for purposes of settlement under this Act.

(2.) After the publication of such notification no sale of any land described therein shall be made by any Commissioner of Crown Lands until the expiration of twelve months after notice has been given to the Minister of such intended sale.

(3.) At any time within twelve months after the receipt of such notice the land specified therein, or any part thereof, may be acquired under this Act in the same manner, mutatis mutandis, as if it were private land.

82 . (1.) Except where hereinbefore otherwise provided, all moneys payable under this Act shall be payable out of the Land for Settlements Account without further appropriation than this Act.

(2.) The expenses incident to the administration of this Act (including the expenses incurred by the Minister in advertising lands for disposal) shall be payable out of the Land for Settlements Account, and, except where otherwise specially provided, shall be so payable without further appropriation than this Act.

83 . The expenses of administration authorised to be paid out of the Land for Settlements Account by subsection two of the last preceding section shall include all expenses incurred in the administration of any land after the leasing thereof in pursuance of this Act, whether in re-spect^of the collection of rents, the inspection of such land, or otherwise howsoever:

Provided that no sums shall in any year be paid out of the said account under the authority of this section exceeding two and a half per centum of the total amount of rent paid into that account in the same year.


84 . (1.) The Governor may from time to time make regulations for Regulations. all or any of the following purposes, that is to say :— IQOO, No. 52, sec. 72

{a.) Prescribing the forms of notices, requisitions, and claims in l901' No' 9'9ee' 12

respect of land to be taken compulsorily under this Act: (•b.) Prescribing the procedure and forms to be used in making and

disposing of claims for compensation in respect of the com-pulsory taking of land under this Act:

(c.) Fixing the time within which and the manner in which shall be done any act, matter, or thing for which under this Act a prescription is contemplated or required :

(d.) Prescribing the mode, terms, and conditions in and subject to which land acquired under this Act may be disposed of :

(e.) Prescribing the forms of leases : (/.) Prescribing the conditions of occupation of any such land, and

the maximum area of rural or suburban land which may be applied for or occupied by any one person :

(g.) Regulating the meetings of the Board and the conduct of its business :

(h.) Generally any other purpose for which regulations are con-templated or required.

(2.) Such regulations may be made applicable only to one or more 1007, No. 51. sec. 87 settlements, or to one or more sections of a settlement, specified in such regulations.

85 . Within twenty days after the close of each financial year, Annual accounts if Parliament is in session, or if not, then within twenty days after the Sore810 >G

commencement of the first ensuing session, the Minister shall lay before Parliament, both Houses of Parliament— 1900- No- 52-sec'73

(a.) A statement (duly certified by the Controller and Auditor-General) of the moneys received into and paid out of the Land for Settlements Account during the financial year :

(b.) A statement showing the area of each estate acquired under this Act during the financial year, its locality and quality, the mode of acquisition, the name of the person from whom it was acquired, and the price or compensation paid for the same, together with the particulars of each transaction for the acquisition of land concluded within the financial year, and the report and valuation of the Board on each transaction, and a report on the condition and settlement of all lands acquired under this Act.

86 . For the purposes of this Act the provisions of the Land Act Land Act modified, are hereby modified in so far as they are inconsistent with this Act. 1901' No- 9 'sec-13

87. (1.) The Board as constituted under " The Land for Settle- Special savings, ments Consolidation Act, 1900," shall be deemed to; have been consti-tuted under this Act, and the members in office on the coming into operation of this Act shall be deemed to hold office under this Act.

(2.) All debentures, scrip, inscribed stock, or other securities created or issued under the powers in that behalf contained in that Act or any former Land for Settlements Act, and outstanding on the coming into operation of this Act, shall, in so far as relates to the security and protection of the holder thereof, be deemed to have been created or issued under the corresponding powers in this Act, and the provisions of "The New Zealand Loans Act, 1908," shall apply thereto accordingly.


SCHEDULE.

ENACTMENTS CONSOLIDATED. 1896, No. 44.—" The Government Valuation of Land Act, 1896 " : Section 12, so

far as applicabV 1900, No. 52.—" The Land for Settlements Consolidation Act, 1900." 1901, No. 9.—" The Land for Settlements Amendment Act, 1901." 1904, No. 27.—" The Public Officers' Appointment and Powers Act, 1904":

Section 4. 1904, No. 55.—" The Land for Settlements Act Amendment Act, 1904. 1905, No. 42.—" The Workers' Dwellings Act, 1905" : Section 3, so far as

applicable. 1906, No. 24.—" The New Zealand Loans Act Amendment Act, 1906 " : Section 5. 1906, No. 58.—" The Statute Law Amendment Act, 1906 " : Section 9, so far as

applicable. 1907, No. 51.—" The Land Laws Amendment Act, 1907": Part I I ; also sec-

tions 18 and 58, BO far as applicable.

New Zealand. · 1904, No 27. sec, 4 . Quorum and Chairman. '1900,j,No. 52 sec, 5 ." Sit fore a...

Documents

Transcript of New Zealand. · 1904, No 27. sec, 4 . Quorum and Chairman. '1900,j,No. 52 sec, 5 ." Sit fore a...