Mining Lease Terms Proclamation




1010
THE NEW ZEALAND GAZETTE.

Now, therefore, I, George Augustus Constantine, furnish a true and accurate account, certified as
Marquis of Normanby, the Governor of the Colony
of New Zealand, in pursuance and exercise of the
powers and authorities vested in me by "The Mines
Act, 1877," do hereby proclaim and declare that,
from and after the day of the date hereof, the ex-
ceptions next hereinafter appearing shall be made
from all GOLD-MINING LEASES granted under the said
Act, and the covenants, provisoes, conditions, and
agreements next hereinafter appearing shall be ap-
plicable to such leases respectively, that is to say,-

Exceptions.

(1.) Her Majesty reserves to herself, her heirs,
successors, and assigns, and to the Government of
New Zealand, and all officers and servants thereof, the
right of ingress, egress, and regress to, from, and
across the land hereby demised, and the mines thereon
or thereunder, and of granting to any person or
persons, or to the public, such right of ingress, egress,
and regress, and of granting to any holder of a miner's
right the privilege of entering on such land for the
purpose of cutting water-races or tail-races, and of
leading head-water or tail-water through the same:
Provided always that all such operations shall be
sanctioned by the Warden, and due compensation
given to the lessee, his executors, administrators, or
assigns.

Covenants.

The following covenants shall, where the lease is
made to two or more persons, be both joint and
several. The lessee, for himself, his heirs, executors,
administrators, and assigns (hereinafter referred to
and included in the term "the lessee"), covenants with
Her Majesty, her heirs, successors, and assigns (here-
inafter referred to and included in the term "the
lessor"), as follows:--

(2.) That the lessee will pay the rent hereby
reserved at the times and in the manner herein spe-
cified, and all rates and taxes which may be payable
in respect of the demised property during the con-
tinuance of this demise.

(3.) That the lessee shall not nor will, during
the continuance of this demise, assign, underlet, or
part with the possession of the demised premises or any
part thereof, or his or their right, title, or interest
therein or thereto, without the consent in writing of
the Governor or his delegate first had and obtained;
and which license or consent shall not extend or be
construed to extend to any future assignment or
underletting.

(4.) That the lessee will, at all times during the
continuance of this demise, if required so to do by
the lessor or any person duly authorized in that
behalf, prepare and keep a proper plan or section of
all the workings, showing the actual condition of the
mines and premises hereby demised, and will, when-
ever requested so to do, produce the same to the
lessor or any person authorized as aforesaid.

(5.) That the lessee will, at all times during the
continuance of the demise, and after the expiration of
the first six months thereof, employ in and about the
demised premises a number of men being in the pro-
portion of not less than one man to every full area
of two acres of the lands demised.

(6.) That the lessee will, at all times during the
continuance of this demise, furnish to the Warden, or
other officer authorized in that behalf, true and ac-
curate half-yearly returns in the form at the foot hereof
of the average number of men employed on the
demised premises, and will certify such returns by a
statutory declaration, and shall from time to time,
whenever so required by the Warden, or other
authorized officer, up to the period when the full
sum hereby agreed to be expended in or about the
said mines and premises shall have been so expended,

aforesaid, of the amount at such date expended as
aforesaid.

To the Warden at

In the matter of the gold-mining lease of lands
situated at , being lease No. , and of the
employment of labour and capital thereon.

I, , being one of the lessees in the above-mentioned
lease, do hereby solemnly and sincerely declare-

  1. That the average number of men employed on the leased
    ground and in connection therewith, from the day of
    , has been
    to the
    of
  2. That the amount of capital expended to date in and upon
    and in connection with the leased ground as above is £
    And I make this solemn declaration conscientiously believing
    the same to be true, and under the provisions of "The Justices
    of the Peace Act, 1866."

Declared before me at , on the day of
, 18

Powers and Provisoes.

(7.) Provided always that if the rents, dues, duties,
or royalties hereby reserved, or any part thereof
respectively, shall at any time be in arrear and
unpaid, it shall be lawful for the lessor, or any
person duly authorized in that behalf, to enter upon
the demised premises, and to distrain any machinery,
tools, buildings, or property then found thereon for
such rent, dues, duties, or royalties.

(8.) Provided always that if the lessee shall for the
space of four months discontinue bonâ fide mining on
the demised premises, it shall be lawful for the lessor,
or any person appointed in that behalf, to enter
upon the demised premises, and thereby determine
the estate of the lessee therein.

(9.) Provided always that if the rents, dues, duties,
or royalties hereby reserved, or any part thereof, shall
be in arrear and unpaid for the space of twenty-one
days after any of the days on which the same ought to
be paid, although not formally demanded, or if the
lessee shall fail or neglect to perform and keep all and
every of the covenants, conditions, or provisions and
agreements contained or implied herein by virtue of
"The Mines Act, 1877," or of any regulations made or
to be made thereunder, it shall be lawful for the lessor,
or any person appointed in that behalf, forthwith, or
at any time thereafter, to enter into and upon the
demised premises, and thereby determine this lease.

AND in further exercise of the powers and authori-
ties vested in me as aforesaid, I do further proclaim
and declare that, from and after the day of the date
hereof, the exceptions next hereinafter appearing
shall be made from all AGRICULTURAL LEASES granted
under the said Act, and that the covenants, provisoes,
conditions, and agreements next hereinafter appear-
ing shall be applicable to such leases respectively,
that is to say,-

Exceptions.

(a.) Her Majesty reserves to herself, her heirs, suc-
cessors, and assigns, and to the Government of New
Zealand, and all officers and servants thereof, the right
of ingress, egress, and regress to, from, and across
the land hereby demised, and the mines thereon
or thereunder, and of granting to any person or
persons, or to the public, such right of ingress, egress,
and regress, and of granting to any holder of a
miner's right the privilege of entering on such land
for the purpose of cutting water-races or tail-races,
and of leading head-water or tail-water through the
same: Provided always that all such operations shall
be sanctioned by the Warden, and due compensation
given to the lessee, his executors, administrators, or
assigns.

(b.) The right of free entry upon the demised
land for the purpose of searching for gold, or for
any other metal or mineral, is reserved to Her
Majesty, her heirs, successors, and assigns, and to



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1878, No 69





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🌾 Exceptions and Covenants for Gold-Mining and Agricultural Leases (continued from previous page)

🌾 Primary Industries & Resources
Gold-Mining Leases, Agricultural Leases, Covenants, Exceptions, Provisoes, Mines Act 1877, Statutory Declaration
  • George Augustus Constantine, Marquis of Normanby, Governor of the Colony of New Zealand
  • Warden