1450
THE NEW ZEALAND GAZETTE.
[No. 86

13. The new lease shall be in such form, and shall contain such covenants, conditions, and agreements as the Public Trustee may prescribe by regulations. The Public Trustee may modify or alter the covenants, conditions, and agreements in the form of any lease in such manner as he may think advisable to suit the circumstances of the case.

At the time of the execution of the new lease, and simultaneously therewith, the applicant and all other proper parties shall execute such surrenders or other instruments as may be required by the Public Trustee to surrender any lease or tenancy required to be surrendered under the provisions of the said Act.

The lease shall be prepared in triplicate by the Public Trustee, and, when ready for execution by the applicant, the Public Trustee shall give notice, by registered letter addressed to the applicant at the address contained in the application, or, if no address be contained, then at the last-known place of residence or abode of the applicant in the colony, that he is required within fourteen days after the posting of such registered letter to execute all surrenders or other instruments, as provided by the last paragraph, and the lease in triplicate.

Such notice shall be deemed a tender of the lease for execution by the applicant, and no formal or other tender of the surrenders, instruments, or lease for execution by the applicant shall be requisite.

If the applicant within the time limited fails to execute the necessary surrenders or instruments aforesaid, or the said new lease in triplicate, such failure shall be deemed a refusal by the applicant to do so; and the Public Trustee may at his discretion elect not to grant to the applicant such new lease, or may take any proceedings he thinks proper to compel the lessee to execute such surrenders, instruments, or triplicate leases.

If the Public Trustee elects not to grant such new lease as aforesaid he shall give notice of such election by registered letter in manner aforesaid, and upon such notice being posted all right to the grant of such new lease shall thereby be determined, and any moneys deposited with the Public Trustee under these regulations shall be absolutely forfeited to the Public Trustee.

The costs of and incidental to the preparation, execution, stamping, registration, and completion of all surrenders, instruments, and leases under these regulations shall be borne and paid by the applicant, and until such costs are paid the applicant or persons claiming under him shall not be entitled to the possession of the new lease. For the purposes of this regulation time shall be deemed essential.

14. For the purpose of these regulations the address of the applicant as appearing from the application shall be deemed the applicant’s address.

15. When the lessee and the Native owners, under the provisions of subsection (c) of subsection (3) of section eight of the said Act, have agreed, at a meeting held under section eight, as to the rent to be paid for the first twenty-one years of the term of the new lease, the person presiding at such meeting shall forthwith in writing notify to the Public Trustee the agreement so arrived at, and the amount of the rent agreed upon. If no agreement is come to, or if none of the Native owners are present at a meeting, or if those attending refuse to take any part in fixing the rent, the person presiding at the meeting shall forthwith notify the facts as they are in writing to the Public Trustee.

16. When the Public Trustee approves of or fixes the rent, as provided by section eight, the notice required to be given by subsection (h) of subsection (3) of section eight shall be in such one of the following forms, or to the effect (varied as the Public Trustee thinks proper) as may be applicable:—

“ To [Here set out names of lessees, with descriptions and addresses].

“ At a meeting held on the day of , 189 , between the Native owners [of the land comprised in your application, dated the day of , 189 , and lodged on the day of , 189 ], and you, the rent agreed upon for the first twenty-one years of the term of the new lease was £ per annum. I approve of the same, payable in advance.

“ Dated this day of , 189 .

“ Public Trustee.”

——

“ To [Here set out names of lessees, with descriptions and addresses].

“ As I do not approve of the rent fixed at the meeting held on the day of , 189 , between the Native owners [of the land comprised in your application dated the day of , 18 , and lodged on the day of , 18 ] and you, I fix the amount thereof at £ per annum, payable in advance.

“ Dated this day of , 189 .

“ Public Trustee.”

——

“ To [Here set out names of lessees, with descriptions and addresses].

“ As you and the Native owners did not agree, at the meeting held on the day of , 18 , as to the amount of rent to be paid for the term of the new lease of the land comprised in your application dated the day of , 18 , and lodged the day of , 18 , I fix the amount of such rent at £ per annum, payable in advance.

“ Dated this day of , 189 .

“ Public Trustee.”