β¨ Land Regulations
April 4.] THE NEW ZEALAND GAZETTE. 613
(2.) Leases.
-
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. -
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. -
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. -
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. -
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. -
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. -
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.
- 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.
-
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. -
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. -
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. -
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. -
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. -
The profits and revenue of such farms shall be paid
over to the Public Trustee. -
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. -
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. -
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. -
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. -
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. -
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. -
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.
-
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. -
Any proprietor may sell his share or interest in the
corporation to the Crown. -
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. -
The purchase-money must in every instance be paid
by the purchaser to the Public Trustee. -
Save as aforesaid it shall not be lawful for a proprie-
tor to alienate his share or interest in the corporation. -
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
." -
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. -
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. -
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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β¨ LLM interpretation of page content
πΊοΈ Regulations for Leasing and Selling Land
πΊοΈ Lands, Settlement & SurveyLeases, 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
NZ Gazette 1895, No 25