✨ Land Regulations




April 4.] THE NEW ZEALAND GAZETTE. 613

(2.) Leases.

  1. Lands may be leased either by tender or public auction,
    a the Committee, with the consent referred to in clause 87
    o these regulations, may think fit, for any term not exceed-
    ing thirty years.

  2. All leases made by the Committee on behalf of the cor-
    poration shall be made as nearly as may be in accordance
    with the regulations in force from time to time in regard to
    Crown lands, provided that residence shall not be compulsory.
    No payment for surveys shall be claimed in advance, and
    the individual areas of holdings in special settlements may
    be increased by one-half.

  3. With respect to every lease,β€”
    (1.) The Public Trustee shall be a party, but without
    entering into any covenant or incurring any
    liability, express or implied ;
    (2.) All the covenants and conditions on the lessee's part
    shall be expressed to be in favour of the Public
    Trustee, upon whom also shall be conferred all the
    powers of re-entry, distress, and other the powers
    and authorities usually conferred upon a lessor ;
    (3.) The instrument of lease shall be submitted to the
    Minister, the Public Trustee, and the Com-
    missioner of Crown Lands for the district in
    which the land is situate, for their approval
    before execution.

  4. Plans according to Survey regulations shall be pre-
    pared of all lands proposed to be leased, as also the terms
    and conditions of the leases. Such plans, terms, and con-
    ditions shall be exhibited at the office of the corporation
    during at least one month before the auction is to be held
    or tenders are to be received.

  5. Notice of such plans, terms, and conditions being open
    for inspection, and of the date upon which the auction will
    be held, or until which the tenders will be received, as the
    case may be, shall be published in two successive numbers
    of the Gazette and Kahiti, and once in each of two con-
    secutive weeks in a newspaper published or circulating in
    the district, the first of such publications to take place prior
    to the exhibition of such plans and conditions. Copies of
    all such plans, terms, and conditions, as and when prepared,
    shall be forwarded to the Minister.

  6. The Committee, with the consent of a majority of the
    proprietors in general meeting, may set apart one or more
    portions of land as sites for special settlements, on the terms
    specified in "The Land Act, 1892," and regulations made
    thereunder, and may call for applications for such land
    from associations.

  7. The Committee, with the consent of a majority of
    the proprietors in general meeting, shall have power to
    include in any lease a covenant by the corporation for
    payment in full of valuations of improvements at the ex-
    piration of such lease ; and the Public Trustee may set
    apart each year such portion of the yearly rental as he
    thinks necessary as sinking funds for the purpose of pro-
    viding a fund to pay for such improvements. All such sink-
    ing funds shall be held and invested by the Public Trustee.

(3.) Sales.

  1. The Committee, with the consent referred to in the
    next-succeeding clause of these regulations, shall have power
    to sell land in such blocks, at such prices, and on such terms
    as may be agreed on.

GENERAL.

  1. The Committee shall not have power to alienate any
    land without the consent of the Commissioner of Crown
    Lands for the district, or of such other person as the
    Governor may from time to time appoint as Native Lands
    Administration Officer for any Crown lands district.

  2. The dealings of the Committee shall be strictly in
    accordance with the directions of the proprietors, as laid
    down by them and passed in general meeting, and all
    matters resolved on by the proprietors in general meeting
    shall be faithfully recorded in a minute-book, to be specially
    provided by the Committee for that purpose.

  3. The Committee shall have full power to withhold any
    land from sale for the purpose of using the same for a
    farm or farms for the proprietors, under conditions and
    directions to be imposed by the proprietors in general meet-
    ing. The Committee shall manage such farms.

  4. Such conditions and directions may authorise the
    Committee to manage, cultivate, and stock such farms, and
    expend such sum as they may think necessary in so doing.

  5. The Committee shall keep and make out true and just
    accounts of all moneys expended in improving, cultivating,
    and stocking every such farm ; and also of all profits and
    revenues received therefrom, and such accounts shall be
    open at all times to the inspection of the proprietors.

  6. The profits and revenue of such farms shall be paid
    over to the Public Trustee.

  7. If any hapu or other section of the proprietors desire
    to have a particular block of land surveyed for their use, and
    shall signify such desire in writing to the Committee, it shall
    be for the Committee to consent to the survey being made or
    not.

  8. Pending disposal of land by way of sale or lease, the
    Committee shall permit the proprietors to use and enjoy the
    same in such manner and on such terms as the proprietors
    in general meeting may decide, and for that purpose specific
    portions of the land may be allocated to specific proprietors,
    but without fixity of tenure.

  9. In cases where the relative proportions of the respec-
    tive interests of two or more proprietors have not been
    determined, it shall be lawful for the Committee to make
    investigation, and decide what, in the opinion of the Com-
    mittee, the respective proportions equitably should be ; but
    no lawyer or paid agent shall be employed, and no law or
    other costs shall be incurred, in or about such investigation.

  10. Such decision when arrived at shall be submitted to
    the proprietors whose shares are thereby affected ; and if all
    such proprietors are of full age, and consent thereto in
    writing attested as hereinafter provided, such decision shall
    be binding on the proprietors so consenting, and the Com-
    mittee may apply to the Court to make an order in terms
    thereof.

  11. The Court shall have jurisdiction to deal with the
    matter; and the costs of the Committee of and incidental to
    the application shall be a charge against such proprietors'
    shares.

  12. In cases where any such proprietors as aforesaid are
    not of full age, or are unable or unwilling to consent as
    aforesaid, the Court, on the application of the Committee or
    of any of such proprietors, shall have jurisdiction to investi-
    gate and determine the relative proportions of their re-
    spective interests, and to make all incidental orders, in-
    cluding orders appointing trustees for proprietors under
    disability.

  13. Wherever throughout these regulations it is provided
    that any document signed by a proprietor is to be attested
    it shall be attested by a Judge or Registrar of the Native
    Land Court, a Justice of the Peace, a Commissioner of
    Crown Lands, or a Native Lands Administration Officer.

TRANSFERS.

  1. Any proprietor being of full age may sell his share or
    interest in the corporation to another proprietor with the
    consent of the Committee, who before granting such con-
    sent shall satisfy themselves that the proposed dealing is
    fair and equitable; but no such sale shall be made to a
    member of the Committee.

  2. Any proprietor may sell his share or interest in the
    corporation to the Crown.

  3. Any proprietor may sell his share or interest in the
    corporation to a Native (other than a proprietor) with the
    consent of the Minister and the Committee, both of whom
    before granting such consent shall satisfy themselves that
    the proposed dealing is fair and equitable, and will not be
    objectionable to the other proprietors.

  4. The purchase-money must in every instance be paid
    by the purchaser to the Public Trustee.

  5. Save as aforesaid it shall not be lawful for a proprie-
    tor to alienate his share or interest in the corporation.

  6. Every sale by a proprietor shall be by transfer in the
    following form, which shall be executed by both transferor
    and transferee, and shall be attested as hereinafter
    provided:β€”
    "I, , of , being a proprietor of the corpora-
    tion styled 'The Proprietors of ,' and my share or
    interest therein as such proprietor being
    , as appears by the
    register of the corporation, in consideration of the sum of
    paid to the Public Trustee on my behalf by
    , do hereby transfer my said share to the said
    , and
    authorise the Committee to duly register the said
    as
    proprietor of the said share in my stead.
    "Dated this day of 18 .
    "(Signature.)"
    "Signed by the said , in the presence of
    ."

  7. The instrument of transfer shall be presented to the
    Committee accompanied by such evidence as they may re-
    quire to prove the title of the transferor, the due granting of
    all prescribed consents, and the due payment of the purchase-
    money to the Public Trustee; and the Committee, upon being
    satisfied on all points, shall register the transferee as a pro-
    proprietor.

  8. The Public Trustee shall hold all such purchase-
    money as aforesaid in trust, to invest the same, and apply
    the income thereof in such manner as he may think proper
    for the benefit of the vendor: Provided that in cases where
    the Public Trustee is satisfied that the vendor possesses
    sufficient land or other property whereon to fittingly sup-
    port himself, he may pay over such purchase-money to such
    vendor instead of retaining and investing it.

  9. Any person who becomes entitled to the share or in-
    terest of a proprietor by death or any other means than



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1895, No 25





✨ LLM interpretation of page content

πŸ—ΊοΈ Regulations for Leasing and Selling Land

πŸ—ΊοΈ Lands, Settlement & Survey
Leases, Sales, Crown Lands, Public Trustee, Committee, Proprietors, Auction, Tender, Conditions, Survey, Improvement, Valuation, Sinking Funds, Native Lands Administration, Transfers, Share, Interest, Corporation, Registration, Purchase Money, Investment