Regulations for Agricultural Leases




Feb. 15.] THE NEW ZEALAND GAZETTE. 203

the tenders, to be the highest tenderer for more than
one lease, he shall, except in the case before men-
tioned, elect forthwith which of such leases he will
accept, and thereupon the lessor shall, subject to the
other provisions of the Act and these regulations,
declare the next highest tenderer for the lease or
leases which the first-mentioned tenderer has elected
not to accept to be the lessee, or, if there be two or
more tenderers at the same amount and higher than
any other tenderers, shall decide by lot.
Provided that, in the event of any person tendering
for two or more leases, the deposit of a sum equal to
one half-year's rent of the tender largest in amount
shall be sufficient.
Provided further that, if he be tendering for two
or more leases such as he may in the aggregate
become the lessee of under the fourteenth clause
hereof, the deposit shall in such case be a half-year's
rent, at the rate tendered for each such lease.
11. The lessor may at any time reduce the upset
rental of land which he has failed to lease, subject to
the proviso to clause one hereof, and may again call
for tenders for the same at such reduced rental.
12. Any person of the age of eighteen years may
become a lessee hereunder, and shall be as capable
of executing a lease and shall be bound by the terms
thereof and of the Act and these regulations as if
such person was of full age.

Limits of Area for each Lessee.

  1. No lease shall be made to any person nor shall
    any person be capable of becoming the lessee under
    a lease or a sublessee who, under the lessor, shall
    become either the tenant, or occupier in the whole,
    either by himself or jointly with any other person
    or persons, including the lands comprised in the
    lease, of a greater area than six hundred and forty
    acres of rural land and forty acres of suburban land.
  2. No person shall be capable of becoming the
    lessee under more than one lease, unless the lands
    comprised in the several leases adjoin each other.
    Provided that lands shall be deemed to adjoin, or
    be contiguous to, each other if only separated by a
    road or stream.
  3. The provisions of the last two preceding
    clauses shall not apply to persons who may become
    lessees or sublessees by marriage, or under a will, or
    by virtue of an intestacy.

As to Preparation, Cost, Execution, and Registra-
tion of Leases.

  1. Every lease shall be prepared by the lessor,
    and shall, as nearly as may be, be in the form and
    contain the powers, reservations, provisions, condi-
    tions, covenants, and agreements set forth in the
    Fourth Schedule hereto.
  2. Every lease shall be in duplicate, and the
    lessee shall be entitled to the registered copy of the
    same, provided he shall have paid, before the execu-
    tion of such lease by the lessor, the moneys payable
    for stamping and registering the lease, and a fee of
    one pound.
  3. Every lease shall, after execution thereof
    by the lessor and the lessee, be registered by the
    lessor under "The Land Transfer Act, 1870," or
    any amendment thereof.

As to Term, Payment of Rent, and Taxes.

  1. Every lease of rural land shall be for a term
    fixed so as to expire on the thirtieth day of June
    in any year.
  2. The lessee shall pay the rent reserved by his
    lease to the lessor by equal half-yearly instalments
    in advance, on the first day of the months of January
    and July in each year.
  3. The lessee shall be liable for all rates, taxes,
    or assessments of every nature or kind whatsoever
    imposed upon the occupier of the lands included in
    his lease during the term for which he is lessee.

As to Transfers, Subleases, and Sales by Mortgagees,
&c.

  1. No lessee, or any person claiming by, through,
    under, or in trust for him, shall transfer, charge,
    sublet, or otherwise part with the possession or occu-
    pation of the land leased to him, or any part thereof,
    without the previous consent in writing of the lessor,
    and until the transferee, sublessee, or person acquiring
    possession or occupation has deposited with the lessor
    a statutory declaration in the form or to the effect
    set forth in the Third Schedule hereto.
  2. No trustee in bankruptcy or under a deed of
    assignment who as such has acquired a lease, and
    no Sheriff or other officer of any Court who may be
    entitled to sell a lease by virtue of any process of
    such Court, shall be capable of selling such lease
    until the purchaser has deposited with the lessor a
    statutory declaration in the form or to the effect set
    forth in the Third Schedule hereto.
  3. All dealings with or under leases in contraven-
    tion of the provisions of the two last preceding
    clauses shall be absolutely void.

As to Surrenders.

  1. Any lessee may, with the consent of the lessor,
    surrender the lands leased by him, and thereupon
    valuations shall be made, and a new lease of the said
    lands offered for sale in like manner as if the lease so
    surrendered was about to be determined by effluxion
    of time, save that it shall not be competent, for the
    period of seven years from the date of such surren-
    der, for the lessee who has so surrendered to become
    the lessee of the new lease either originally or by
    transfer or sublease.

As to the Taking for Public Purposes, or Resumption,
of Lands leased.

  1. Should any part of the land so leased be taken
    for public purposes or resumed by the lessor, the rent
    payable by the lessee shall be abated in such propor-
    tion to the whole rent payable under the lease as the
    area so taken or resumed bears to the whole area
    leased, and the lessee shall, upon such taking or
    resumption of the whole or any part of the lands
    leased by him, be paid by the lessor compensation,
    valued by arbitration, for any substantial improve-
    ments of a permanent character which may have been
    made by him and may be then in existence on the said
    lands the possession of which has been so resumed.
  2. If by reason of such taking or resumption any
    portion of the land included in the lease is so severed
    from the rest of the land included therein as in the
    opinion of the lessee greatly diminishes the value
    to him of the portion severed, then he shall, with
    the consent of the lessor, be entitled to surrender
    any portion so severed, and shall thereupon be
    entitled to a further abatement of rent and to com-
    pensation as if the portion so surrendered had been
    taken or resumed as above mentioned: Provided
    that should any difference arise in respect of any
    matter affected by the preceding clause or this clause
    it shall be referred to arbitration in the manner
    hereinafter provided.

As to Occupation and Improvements.

  1. Each lessee shall, within two years from the
    date of his lease, bring into cultivation not less than
    one-tenth of the land leased by him; within four
    years from the said date, not less than one-fifth of the
    said land; and within six years from the date of his
    lease, in addition to the cultivation of one-fifth of the
    land, shall place on such land substantial improve-
    ments of a permanent character to the value of one
    pound for every acre.


Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1883, No 16





✨ LLM interpretation of page content

🗺️ Regulations for Advertising, Preparing, and Issuing Agricultural Leases of the West Coast Settlement Reserves (continued from previous page)

🗺️ Lands, Settlement & Survey
13 February 1883
West Coast Settlement Reserves Act 1881, Regulations, Agricultural Leases, Tenders, Area limits, Lease execution, Registration, Rent payment, Transfers, Surrenders, Land resumption, Improvements, Cultivation