β¨ Continuation of Lease Regulations
336
THE NEW ZEALAND GAZETTE.
seven years; and shall be due, and paid annually in
advance, to the Receiver of Gold Revenue, on the
first day of January in each year of the term of lease:
Provided always that one full year's rent shall be
paid at the time of issue on all leases issued prior to
the thirtieth day of June in any year, and one half-
year's rent shall be paid on leases issued subsequent
to the thirtieth day of June in any year.
Lease to be void if Rent in Arrear.
10. If the rent reserved by any lease shall be in
arrear for six months, or the conditions hereinafter
imposed shall not be fulfilled, such lease shall be
void, and all rights thereunder forfeited.
Conditions of Lease.
11. Every lease granted under these Regulations
shall be subject to the conditions following :-
(1.) Not less than one-tenth of the whole area
shall, within twelve months from the com-
mencement of the term of the lease, be brought
into cultivation, or one-half of the whole area
shall be substantially fenced within the said
period.
(2.) Cultivation or other improvements to be
commenced within three months from the date
of the lease.
Register to be kept.
12. A register of all leases granted, and of all
transfers or assignments thereof, shall be kept by the
Mining Registrar at Ohinemuri.
Lease may be transferred.
13. Any lease may, with the sanction of the War-
den, be transferred: Provided that no transfer shall
be valid unless the conditions upon which the lease
was granted are certified by the Warden to have
been complied with; upon any such transfer a fee of
one pound for cost of inquiry and registration shall
in every case be paid.
Roads.
14. Land so leased shall be subject to the right on
the part of the Warden to lay out roads thereover,
and no compensation shall be allowed in respect of
any such land so taken, except where the same is
occupied by buildings or ornamental grounds, or be
under crop.
Application to enter to search for Gold.
15. Any holder of a miner's right desiring to enter
for the purpose of searching for gold upon any land
held under agricultural lease shall apply to the
Warden in such form as may be prescribed, and shall
serve upon the occupant or lessee of the land a
duplicate copy of such application. On the receipt
of such application, the Warden shall appoint a day
and place for hearing the same, and on the day
appointed shall proceed to hear the application and
any objection thereto that may be made by the lessee
or occupier; and the Warden may thereupon grant or
refuse such application.
Deposit.
16. In any case in which permission shall be
granted to any holder of a miner's right to enter
upon any such land for the purpose of searching for
gold, he shall deposit with the Receiver of Gold
Revenue such sum of money as the Warden may
consider sufficient as security for the due perform-
ance of any conditions of such permission, and it
shall be lawful for the Warden, in case of failure to
comply with such conditions or any of them, to order
payment of the whole or any part of such money to
the lessee or occupier of the land, or to make such
other order in relation to the same as to him shall
seem fit; and the decision of the Warden shall be
final.
Conditions of Entry to search for Gold.
17. The Governor reserves the right of free entry
to any land so leased as aforesaid for the purpose
of searching and mining for gold, or for any other
metal or mineral, and of determining any lease
when such gold, metals, or minerals shall have been
discovered therein, and also of granting permission to
prospect without compensation upon any unimproved
land.
Exemptions.
18. Agricultural leases will not, except in special
cases, be granted of lands comprised within the
boundaries of proclaimed townships or public reserves,
nor for any area including a permanent water-course,
or which may present auriferous indications; and in
all cases a public roadway one chain in width will be
reserved along the margins of navigable streams and
rivers.
Rivers, &c., may not be diverted.
19. The granting of any lease shall not authorize
the diversion of any road, river, stream, or water-
course, or authorize the use of any water therefrom,
or from any natural spring, except for domestic pur-
poses; but all such water on any demised land the
same shall remain subject to the Gold Fields jurisdic-
tion.
Governor may reserve Land in certain cases.
20. The Governor may at any time, by Proclama-
tion in the New Zealand Gazette, proclaim any land
included in any agricultural lease to be a reserve for
the site of a township, or for any other purpose of
public utility, and the estate of the lessee in the land
so reserved shall thereon cease and determine, and
the lessee shall be entitled to payment of compensa-
tion for the loss or injury he may sustain by the
exercise of such right, the amount thereof to be
ascertained by two impartial persons, one to be
appointed by the Governor and the other by the
lessee, or by any umpire to be appointed by such
persons.
Governor may exclude Land from Lease.
21. The Governor at any time before the execution
of any lease may exclude from the land proposed to
be comprised therein any land which may appear to
him to be suitable and necessary for any purpose of
public utility.
Lapsed Leases.
22. Should any lease granted as aforesaid lapse or
be forfeited the Warden may, with the approval and
in the name of the Governor, re-enter on the land so
demised, and the same repossess and enjoy as effec-
tually as if no such lease had existed.
Provision for Acquisition of Land.
23. In the event of the acquisition by Government
of the freehold of the lands comprised in the Ohine-
muri Block, all applications which may be made by
lessees for the purchase of the lands demised to them
under these Regulations shall be forwarded to the
Warden, who shall report thereon, and shall, as soon
as conveniently may be thereafter, submit the same,
together with such report, for the consideration of
the Government.
- Any notice required by these Rules to be
given may be given by serving the same personally
upon, or posting the same directed to, the applicant
at address for service.
SCHEDULE A.
APPLICATION FOR AGRICULTURAL LEASE.
Received in Warden's Office
day of
187, at
the hour of
To the Warden at Ohinemuri.
In pursuance of the Regulations made under "The Ohinemuri
Gold Field Agricultural Leases Validation Act, 1876," and
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β¨ LLM interpretation of page content
πΎ
Continuation of Regulations for Agricultural Leases in Ohinemuri Gold Field
(continued from previous page)
πΎ Primary Industries & Resources13 March 1878
Agricultural leases, Ohinemuri Gold Field, Rent payment, Lease forfeiture, Cultivation conditions, Transfer, Gold prospecting rights, Governor's powers
NZ Gazette 1878, No 25