Continuation of Lease Regulations




204

THE NEW ZEALAND GAZETTE.

  1. Each lessee of suburban land shall, within one
    year from the date of his lease, fence in all the open
    land leased by him.
  2. Improvements to be suitable to, and consistent
    with the extent and character of, the holdings; and
    none shall be allowed for in any valuation in excess
    of five pounds for every acre of rural land, or ten
    pounds for every acre of suburban land.

As to Arbitration.
31. (a.) Whenever in these regulations a valuation
or other matter is required to be referred to arbitra-
tion, such reference shall be to two persons, one to
be appointed in writing by the lessee (which term
throughout these regulations includes the executor,
administrator, or permitted assignee of any lessee
hereunder), and the other by the lessor.
(b.) If either the lessee or the lessor shall fail to
appoint an arbitrator within twenty-one days after
being requested in writing to do so by the other
party, then the arbitrator appointed by the other
party shall alone conduct the arbitration, and his
decision shall be final and binding on both parties.
(c.) If the said arbitrators shall fail to agree upon
the matter referred to them within twenty-eight days
after the same has been so referred, then the matter
so referred shall be decided by an umpire appointed
by the said arbitrators before they shall have entered
on the reference; and the decision of such arbitrators
or umpire shall be final and binding on both parties.
(d.) Every such arbitration shall be carried on in
the manner prescribed by "The Supreme Court
Practice and Procedure Amendment Act, 1866," or
any amendment thereof.
(e.) All costs of and incidental to the reference
shall be in the discretion of the arbitrator or umpire.

Miscellaneous.
32. The conditions set forth in the Act and these
regulations as regards leases shall operate and shall
be deemed to bind the lessor and the lessee as fully
and effectually as if they were set forth in every
lease.
33. If any lessee hereunder shall make default in
the payment of rent or in the observance or per-
formance of any of the conditions herein contained,
or which may be expressed or implied in his lease, and
shall allow such default to continue for three calendar
months, or shall be convicted of making any false
declaration hereunder, his lease shall thereupon
absolutely determine, and the lands included in the
same, with all improvements thereon, shall absolutely
revert to the lessor, without any payment whatso-
ever to the lessee, and without releasing him from
his liability in respect of any rent then due.

SCHEDULES.

FIRST SCHEDULE.

"THE WEST COAST SETTLEMENT RESERVES ACT, 1881."
Tender for Agricultural Lease.

To the Public Trustee.
I [or We], the undersigned, do hereby tender for Section
Block
, Survey District, as notified by an
advertisement published in the
day of
188 , and in accordance with the conditions of
tender exhibited at
, for the sum of £
per
annum for the whole term of
years. I [or We] enclose
herewith
for £
, being the deposit payable as
required.
Should the tender be accepted, I [or We] undertake to sign
a lease of the said land within twenty-one days after receiving
notice of such acceptance.
Dated this
day of
, 188
Christian name and surname in full:
Occupation:
Residence:
Post town:

| No. 16

SECOND SCHEDULE.

"THE WEST COAST SETTLEMENT RESERVES ACT, 1881."
Acceptance of Tender for Agricultural Lease.
West Coast Settlement Reserves Department,
, 188
SIR, I am directed to inform you that your tender of
to lease, in accordance with the conditions of tender exhibited
at
, Section
, Block
Survey
District, for
years, at an annual rent of £
per annum for the whole term, has been accepted by the Public
Trustee. A lease and counterpart will be forwarded for your
perusal and signature to this office, notice of which you will
receive. Should you fail to execute the lease within twenty-
one days of the date hereof, and pay the sum of £
for preparing, stamping, and registering such lease, your claim
thereto will be liable to be forfeited, and the land declared
open for occupation.
To
I have, &c.,
Α.Β.

THIRD SCHEDULE.

"THE WEST COAST SETTLEMENT RESERVES ACT, 1881."
Declaration on taking a Lease, or becoming the Transferee or
Sublessee of a Lease.
I, A.B., of [Insert place of abode and occupation], do
solemnly and sincerely declare—

  1. That I am of the full age of eighteen years.
  2. That I am the person who, subject to the provisions of
    "The West Coast Settlement Reserves Act, 1881," is tender-
    ing for the purchase [or is desirous of becoming the transferee
    or sublessee] of a lease of [Here specify land].
  3. That I am purchasing such lease solely for my own use
    and benefit, and for the purposes of cultivation, and not directly
    or indirectly for the use or benefit of any other person whom-
    soever.
  4. That, including the said lands, I am not the tenant or
    occupier, directly or indirectly, either by myself or jointly with
    any other person or persons, of any lands anywhere on the West
    Coast Settlement Reserves exceeding in the whole six hundred
    and forty acres of rural land and forty acres of suburban land.
    And I make this solemn declaration conscientiously believing
    the same to be true, and by virtue of an Act of the General
    Assembly of New Zealand intituled "The Justices of the Peace
    Act, 1882."
    Declared at
    , this
    day of
    , 188, before me,
    Α.Β.
    Justice of the Peace for the Colony of New Zealand
    [or Solicitor or Notary Public].
    NOTE.—This declaration will require a half-crown stamp.

FOURTH SCHEDULE.

"THE WEST COAST SETTLEMENT RESERVES ACT
1881."
MEMORANDUM OF LEASE.
WHEREAS a grant under "The West Coast Settle-
ment Reserves Act, 1881," has been issued to
of the lands hereinafter described: AND whereas, in
exercise of the powers and authorities in that behalf
imposed upon him by the said Act, the Public Trustee
has agreed to grant this lease:
Now, THEREFORE, I, the Public Trustee, do hereby
lease to
, of
who and whose ex-
ecutors, administrators, and assigns are hereinafter
referred to as and included in the term "the lessee,"
All that piece of land situate in
, containing
be the same a little more or less, as the
same is described in the Schedule hereto, and de-
lineated on the map or plan thereof drawn hereon
and bordered
: excepting and reserving never-
teless out of this demise unto the lessor, his suc-
cessors or assigns, all mines, metals, minerals, coal,
lignite, lime, slate, or freestone in or upon the land
hereby demised, with power to work, use, possess,
sell, and dispose of the same, or any part thereof
respectively, except such as may be required by the
lessee for his own use but not for sale or disposal;
with power also to the lessor, his successors or
assigns, to make roads through the said piece of land,
and for such purposes, or any or either of them, to



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VUW Te Waharoa PDF NZ Gazette 1883, No 16





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🗺️ Continuation of West Coast Settlement Reserves Lease Regulations and Schedules (continued from previous page)

🗺️ Lands, Settlement & Survey
13 February 1883
Lease conditions, Arbitration, Tender forms, Declaration, Memorandum of Lease, West Coast Settlement Reserves Act 1881