Agricultural Lease Regulations




May 16.] THE NEW ZEALAND GAZETTE. 627

cant to pay to the Receiver of Gold Revenue a sum,
calculated in the case where survey fees have not
been paid by the applicant at the rate of 2s. 6d. per
acre, and in the case where survey fees have been
paid by the applicant at the rate of 1s. 3d. per acre,
of the land intended to be granted; and such
payment shall cover all charges in respect of such
grant, inclusive of rent, for the first six months of
the term; and upon production of the Receiver’s
receipt for the above sum to the Warden he shall
give to the applicant a certificate in the form of
Schedule 13 hereto, bearing even date with such
receipt, from which date the commencement of
the term of the lease (if a lease be granted) shall
be taken and computed, and on granting such
certificate the Warden shall inform the Commis-
sioner of Crown Lands for the district in which
the said land is situate accordingly.

  1. Governor’s Power to refuse Lease reserved.
    —On issuing any certificate the Warden shall
    forthwith forward to the Governor a duplicate
    of such certificate, and, notwithstanding the issue
    of the same, it shall be lawful for the Governor
    within sixty days from the date thereof to refuse
    to grant to the applicant a lease of the land
    referred to in such certificate; and immediately
    upon such refusal being communicated to the
    applicant, either personally or by letter addressed
    to him at his usual or last known place of busi-
    ness or abode, the certificate and all rights pur-
    ported to be conferred thereby shall become and
    be absolutely void, and the applicant shall forth-
    with quit and deliver up possession of the said
    land, and failing his so doing he may be proceeded
    against as a trespasser on Crown lands.

  2. Certificate to be exchanged for Lease.—
    Whenever a lease of any lands for which a certi-
    ficate shall have been granted as aforesaid shall
    be executed on behalf of Her Majesty, the same
    shall be forwarded to the Warden, who shall
    thereupon give notice in writing, in the form of
    Schedule 14 hereto, to the holder of the certifi-
    cate, directing him to attend at the Warden’s
    office within thirty days of the date of service
    of such notice and execute such lease. Such
    notice may be served either personally or by
    registered letter posted to applicant’s place of
    abode or last known place of residence: And if
    such person shall without reasonable cause refuse
    or neglect to comply with such notice, or to pay
    the rent (if in arrear) as hereinafter provided,
    he shall be deemed to have relinquished his claim
    to the land comprised in such lease, and the
    certificate for the same shall thenceforth be void;
    and the Warden shall report the circumstance of
    such refusal or neglect to the Governor, who may
    thereupon, by notice in the New Zealand Gazette
    and in one newspaper circulating in the district,
    declare such land to be open for application and
    occupation by any other person for the same or
    any other purpose.

  3. Rent.—Rent at the rate of 2s. 6d. per acre
    per annum shall be payable half-yearly in advance
    during the term; and at the time of the exe-
    cution of the lease rent shall be paid up to
    the first day of January or the first day of July
    next following the date of such execution, together
    also with the six months’ rent payable subse-
    quently to such first day of January or first day
    of July, as the case may be, and thereafter the
    rent shall be payable by equal half-yearly pay-
    ments in advance, on the first day of January and
    the first day of July in every year; and for the
    purpose of computing rent every fractional part
    of an acre shall be considered as an acre, and
    charged for accordingly.

  4. Sale and Assignment.—No sale or assign-
    ment, other than a sale or assignment by act or
    operation of law, of any agricultural lease, or of
    the right, title, or interest therein or thereto, shall
    be valid or effectual either at law or in equity
    if made without the license in writing of the
    Governor or his delegate; and no license to assign
    will be granted unless and until the lease shall have
    been executed by the applicant as hereinbefore
    required and all arrears of rent shall have been
    paid, and it shall be certified by the Warden that
    the conditions hereinafter contained regarding
    improvements have been fulfilled.

  5. Registration of Assignment.—Every assign-
    ment of any agricultural lease shall be registered
    at the Warden’s office, and on every such regis-
    tration a fee of 1s. will be charged.

  6. Conditions of Occupation.—Every certificate
    and lease shall be subject to the conditions
    following, that is to say: (1) That no sale or
    assignment shall be made without license; (2)
    that not less than one-twentieth of the whole
    area shall be cultivated within twelve months,
    not less than one-tenth of the whole area culti-
    vated within two years, and not less than one-
    fifth of the whole area cultivated within four
    years after the commencement of the term; and
    within six years from the date of the lease there
    shall be substantial improvements of a permanent
    character on the land to the value of one pound
    for every acre of land as defined in “The Land
    Act, 1885.”

  7. Land may be taken for Roads.—Such public
    road or roads may be taken through or over any
    portion of the land comprised in any certificate
    or agricultural lease granted as aforesaid, as public
    convenience may require, upon payment to the
    occupier of compensation for any improvements
    that may have been made on the land actually
    taken.

  8. Construction of Water-races.—It shall be
    lawful for the Warden to authorize the con-
    struction and use of water-races, flood-races,
    storm-channels, sludge-channels, tail-races, tun-
    nels, and tramways through and over any
    lands held under certificate or agricultural lease,



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1887, No 31





✨ LLM interpretation of page content

🗺️ Regulations for Agricultural Leases (continued from previous page)

🗺️ Lands, Settlement & Survey
Agricultural Leases, Survey, Application, Warden, Objections, Hearing, Auction, Rent, Assignment, Cultivation, Improvements, Roads, Water-races