Appendix 8 - Land Act 1877
Reserves
144. The Governor may from time to time, either by a general or particular description, and whether the same had been surveyed or not, reserve from sale temporarily, notwithstanding that the same may be then held under pastoral license, any Crown lands which in his opinion are required for any of the following purposes viz., for docks, quays, improvement of harbours, landing places, tramways, railways, railway stations, roads, bridges, ferries, canals, or other internal communications whether by land or by water, reservoirs, aqueducts, watercourses, water-races, drains, improvement and protection of rivers, irrigation and works connected therewith, embankments, quarries, gravel-pits, sites of markets, abattoirs, public pounds, baths, washhouses, mechanics institutes, libraries, museums, or other institutions of instruction, county or municipal buildings, court-houses, gaols, prisons, or other public buildings, sites and grounds for schools, colleges, reformatories, hospitals, asylums, and charitable institutions, or for the purposes of any agricultural or pastoral associations, or for the growth and preservation of timber, gardens, parks or domains, places for the interment of the dead, or for the health, recreation, convenience, or amusement of the people, or for the use, support, or education of aboriginal natives of the colony, or for any purpose of public defence, safety, utility, advantage, or enjoyment; or as endowments for education.
145. When any land has been temporarily reserved, notice of such reservation shall be published in the Gazette.
At the expiration of one month, but not later than six months, after the publication of such notice, the lands described therein (not being reserves for endowments) may be permanently reserved, and notice of such permanent reservation shall be published in the Gazette, and failing such permanent reservation any such temporary reservation shall be void.
Regulations
169. The Governor shall have power from time to time to make rules, regulations, and orders for the purposes hereinbefore mentioned, to alter or rescind such rules, regulations, and orders to provide for the mode by which any land or allotment shall be surveyed and boundaries adjusted, for prescribing the form of and the conditions and mode of applying for licences and leases to be issued under this Act, and the conditions upon which the same shall be issued, for imposing any reasonable charge for surveys or fee for any document issued under the authority of this Act, for providing for all proceedings, forms of leases, licences, and other instruments, and for the execution of all other matters and things arising under and consistent with this Act and not herein expressly provided for, and for the more fully carrying out the objects and purposes and guarding against evasions and violations of this Act; and all such regulations shall be signed by the Minister, and upon being published in the Gazette shall be valid in law, as if the same were enacted in this Act, and shall be judicially noticed; and all such rules, regulations, and orders shall be laid before both Houses of the Assembly within fourteen days after the making thereof, if Parliament be then sitting and, if Parliament be not then sitting, within fourteen days after the commencement of the next sitting of Parliament.
Regulations
4. The Governor shall have power from time to time to make rules, regulations and orders for the purposes of this Act, to alter or rescind such rules, regulations, and orders
Providing for the mode by which any land or allotment shall be surveyed and boundaries adjusted;
For prescribing the form of and the conditions and mode of applying for licenses and leases to be issued under this Act, and the conditions upon which the same shall be issued;
For imposing any reasonable charge for surveys or fees for any document issued under the authority of this Act;
For providing for all proceedings, forms of leases, licenses, and other instruments, and for the execution of all other matters and things arising under and consistent with this Act and not herein expressly provided for;
And for the more fully carrying out the objects and purposes and guarding against evasions and violations of this Act.
All such regulations shall be signed by the Minister, and upon being published in the Gazette shall be valid in law, as if the same were enacted in this Act, and shall be judicially noticed; and all such rules, regulations, and orders shall be laid before both Houses of the Assembly within fourteen days after the making thereof, if Parliament be then sitting, and, if Parliament be not then sitting, within fourteen days after the commencement of the next sitting of Parliament.
Reserves
227. The Governor may from time to time either by a general or particular description, and whether the same has been surveyed or not, reserve from sale temporarily, notwithstanding that the same may been then held under pastoral license, any Crown lands which in his opinion are required for any of the following purposes namely, for docks, quays, improvement of harbours, landing-places, tramways, railways, railway-stations, roads, bridges, ferries, canals, or other internal communications whether by land or by water, reservoirs, aqueducts, watercourses, water-races, drains, improvement and protection of rivers, irrigation and works connected therewith, embankments, quarries, gravel-pits, sites of markets, abattoirs, public pounds, baths, washhouses, mechanics institutes, libraries, museums, or other institutions of instruction, county or municipal buildings, court-houses, gaols, prisons, or other public buildings, sites and grounds for schools, colleges, reformatories, hospitals, asylums, and charitable institutions, or for the purposes of any agricultural or pastoral associations, or for the growth and preservation of timber, gardens, parks or domains, places for the interment of the dead, or for the health, recreation, convenience, or amusement of the people, or for the use, support, or education of aboriginal natives of the colony, or for any purpose of public defence, safety, utility, advantage, or enjoyment; or as endowments for education; and also any land containing mineral or other springs which he may think should be so reserved for the public health, or any land wherein or whereon natural curiosities may exist of a character to be of national interest.
228. When any land has been temporarily reserved, notice of such reservation shall be published in the Gazette.
At the expiration of one month, but not later than six months, after the publication of such notice, the lands described therein (not being reserves for endowments) may be permanently reserved, and notice of such permanent reservation shall be published in the Gazette, and failing such permanent reservation any such temporary reservation shall be void.
229. Upon such notices being duly published as aforesaid the lands described in such notices respectively shall become and be dedicated to the purposes for which they were reserved respectively, and may at any time thereafter be granted for such purposes in fee-simple, or disposed of in such other manner as for the public interest may seem best, subject to the condition that they shall be held in trust for the purposes for which they were reserved, unless such
Contact for Enquiries
Mark Neeson
Manager, Land and Water Policy
Pastoral House
25 The Terrace
PO Box 2526, Wellington
Phone: +64 894 0703
Fax: +64 4 894 0745
