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The Pamphlet Collection of Sir Robert Stout: Volume 32

II.—the Waste Lands Board

II.—the Waste Lands Board.

4. There shall be established a Board, to be called

Board, how to be constituted

the Waste Lands Board, 1 to consist of one Chief

1 The Governor may also, upon the recommendation of the Provincial Council and the Superintendent, create "Land Districts" and "District Land Boards." (See "Canterbury Waste Lands Act 1865." Appendix No. II., hereto.)

page 2 Commissioner 1 and of not less than two nor more than five other Commissioners, all of whom (except such one as shall be appointed to act as Treasurer) shall be appointed and be removable by warrant under the hand of the Superintendent.
5. One member of the Waste Lands Board shal

Board, Treasurer of

also be the Treasurer thereof, and such member shall be appointed and removable by the Governor.
6. The Waste Lands Board shall sit at the principal

Board, sittings of

Land Office of the Province, at certain stated times to be determined by the Superintendent, and shall also sit for special purposes at such places and at such times as the Superintendent shall direct; of which sittings due notice shall be given in the Provincial Government Gazette, and one or more newspapers published in the Province. 2
7. The Chief Commissioner, when present, and in

Board, who to preside at

his absence, then some member selected by those present at any meeting of the Board, shall preside thereat, and shall have a casting vote in all questions coming before the Board.
8. All questions coming before the Board shall be

Questions, how to be decided

decided by a majority of the Commissioners present thereat.
9. All meetings of the Board shall be attended by

Quorum

at least three Commissioners, and shall be open to the public.
10. All applications for land and for Pasturage

Board applications to be determined by

and for Timber Licenses shall, after hearing evidence when necessary, be determined by the Board at some sitting thereof.

1 The "Commissioner of Crown Lands Act 1869" enacts that the Commissioner of Crown Lands for the Province shall be, ex officio, a member and chairman of the Waste Lands Board.

(See Appendix No. 9 hereto)

2 The ordinary stttings of the Board are held on every Monday and Thursday, at 12 o'clock noon, except when Christmas day or other proclaimed holiday falls on either of those days.

page 3
11. The 1 Board shall have power to hear and

Board, powers of

determine all disputes between the holders of Pasturage and Timber Licenses respecting the boundaries of runs and districts, and shall have and exercise all the powers which may be lawfully had and exercised by any Commissioner of Crown Lands under the provisions of "The Crown Lands Ordinance, Sess. X., No. 1;" and "The Crown Lands Extension Ordinance, Sess. XI., No. 10." 2
12. All the routine business of the Land Department

Routine business

shall be transacted by the Chief Commissioner, subject to such regulations as may be made by the Board in that behalf.
13. A book to be called the "Application Book,"

This clause was repealed by the "Canterbury Waste Lands Act 1873," and the following clause substituted for it.

shall be kept open during office hours at the Land Office, in which the name of every person desiring to make any application to the Board shall be written in order by himself, or any person duly authorised on his behalf; and the Commissioners shall, during the sitting of the Board, consider and determine all applications in the order in which they shall appear in the Application Book: Provided that if any person shall not appear himself or by some person duly authorised on his behalf before the Board when called in his turn, his application shall be dismissed until his name shall appear again in the book in order: Provided also that if two or more persons shall apply at the same time to write their names in the Application Book, the Chief Commissioner shall bracket their names, and shall initial the bracket; and when they shall appear before the Board, the Board

1 Power is given to the Board by "The Waste Lands Board Append Act 1867," to rehear a ease, and if advisable, reverse previous decision. The game Act also allows of appeal to Judge of Supreme Court against the decision of the Board. The Board may also, in ease of doubt upon a question of law, submit the same to a Judge of the Supreme Court for bis opinion, and the Board shall be guided by such opinion. (Sec "Waste Lands Board Appeal Act 1807," Appendix No. VII. hereto).

2 These two Ordinances were repealed by the 'Crown Lands Act 1862." (See Appendex No. VIII., hereto.)

page 4 shall determine the priority of right to be heard by lot; and it shall not be lawful for the Board to hear any application except such as shall be made in accordance with this Regulation.

Application for rural land.

13. All applications for the purchase of rural lands shall he made and determined in the following manner, that is to say,—When the applicant, or any person authorised in writing, or by telegram, on his behalf, shall apply at the Survey Office either at Christchurch or Timaru for the purpose of purchasing any portion of rural land, the Chief Surveyor, or such person as he may appoint, shall prepare a form of application for the said applicant, or any person authorised in writing on his behalf, to sign, containing a description of the portion of land which the applicant desires to purchase, and shall initial the said form, and note thereon the precise time at which the application shall have been made; and the Commissioners shall during the sitting of the Board, consider and determine all such applications in the order in which they shall have been received at the above mentioned Survey Offices, up to such day and hour as may from time to time be fixed by the Superintendent on the recommendation of the Board: Provided that if two or more persons shall apply at the same time for the same piece of land, or any portion thereof, the Board shall determine the priority of right to be heard by lot. Applications for the purchase of rural lands shall have priority of hearing before any other applications. 1

Application book to be kept open.

For all other purposes, a book, to be called the "Application Book," shall be kept open during office hours at the Land Office, in which the name of every person desiring to make any application to the Board shall be written, in order by himself, or any person duly authorised in writing on his behalf, and the Commissioners shall, during the sitting of the

1 Applications for land in the districts south of the Rangitata, may be made, and the purchase money remitted, through the Survey Office, Timaru.

page 5 Board, consider and determine all applications made by such persons in the order in which their names shall appear in the Application Book, except where otherwise provided: Provided that if any person shall not appear himself, or by some person duly authorised on his behalf, before the Board when called in his turn, his application shall be dismissed until his name shall appear again in the book in order .: Provided also that if two or more persons shall apply at the same time to write their names in the Application Book, the Chief Commissioner, or in his absence any other Commissioner, or the Chief Clerk of the Board, shall bracket their names, and shall initial the bracket; and when they shall appear before the Board, the Board shall determine the priority of right to be heard by lot; and it shall not be lawful for the Board to hear any application except such as shall be made in accordance with the provisions of this Act.
14. The Board shall keep true and detailed

Minutes to be kept

minutes of all applications made to the Board, and all decisions thereon, and of all sums of money paid to the Treasurer, and generally of all the proceedings of the Board; and such minutes shall be signed by all the Commissioners present at any meeting; and such minutes shall be open to the inspection of all persons desiring to inspect the same, at all reasonable hours, on payment of the sum of two shillings and sixpence for every such inspection.