✨ Land Lease Conditions
162
THE NEW ZEALAND GAZETTE.
[No. 7
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In case of more than one application being lodged on the same day for the same farm, priority of selection shall be decided by ballot.
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No person can lease more than 5,000 acres, or an area of leasehold and freehold combined which shall exceed 5,000 acres.
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Residence on the farm is compulsory, and shall commence within one year, unless the lessee obtain the consent of the Land Board to reside on other land in his occupation.
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Permanent improvements must be effected equal to one year’s rental by the end of the first year, to one and a half years’ rental by the end of the second year, and to two and a half years’ rental at the end of the sixth year. The improvements which have been already made upon the land shall be reckoned as improvements under this clause.
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The lessee must once a year properly clean, clear from weeds, and keep open all creeks, drains, ditches, and watercourses which now are or may be upon the land, and the Commissioner of Crown Lands shall have the power at any time to enter upon and make any drain or road through the land that he may deem necessary.
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The lessee must once a year properly cut and trim all live fences now on the land, or which may be planted upon the land during the term, and stub all gorse not growing as fences, and also stub all broom, sweetbriar, and other noxious plants.
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In the event of the lessee cultivating any of the land included in his lease, he must take alternately white and root or green crops, or three green crops; and on the removal of the third crop the land must be sown with good permanent cultivated grasses and clovers, and be allowed to remain as pasture for at least two years from the harvesting of the last crop before being again cropped; and he must not cut the cultivated grass for hay or seed the first year of the course.
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In the event of the lessee failing to comply with any of the covenants hereinbefore mentioned relating to the trimming of live fences and stubbing gorse, broom, and sweetbriar, and to the cleaning, clearing from weeds, and keeping open all creeks, drains, ditches, and watercourses, it shall be lawful for the Commissioner of Crown Lands to have such work done, and to recover the cost of the same from the lessee.
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All buildings erected upon the land shall be kept in good order and repair.
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The lessee shall be liable for all rates, taxes, and assessments during the term.
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Rent shall be payable half-yearly in advance during the term of the lease.
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The lessee shall have no right to purchase any part of the land.
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The Government reserves a right of ingress and egress to the telegraph line which passes through some of the lands to be disposed of.
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A right to search for and take gravel for making or maintaining roads from any of the lands disposed of is reserved; payment to be made for surface damage only.
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On the expiration or other determination of the lease the former lessee shall not have any right of renewal, but shall be entitled to full valuation from the incoming lessee for improvements of a substantial character, appropriate to the lease, effected on the land.
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In any case where it is determined that any lands included in any lease shall not again be offered for further lease, then the amount of the valuation of the improvements as aforesaid shall be paid to the outgoing lessee or occupier, less any arrears of money due to the Crown by him in respect of such lands, and such amount shall be paid out of the Cheviot Estate Fund.
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Such improvements shall mean and include reclamation from swamps, clearing of bush, gorse, broom, sweetbriar, or scrub, fencing, draining, sinking wells or water-tanks, constructing water-races, sheep-dips, making embankments or protective works of any kind, and in addition to the foregoing the erection of any building requisite or necessary for the purpose of working the land as a grazing-farm; and the value of all such improvements shall be ascertained one month at least before the expiry of the existing lease, in such manner as the Minister may direct.
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If a lease is forfeited for breach of conditions, such valuation shall be made on recovering possession of the land.
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Payment of any valuation for improvements shall be made to the Receiver of Land Revenue by the new lessee of such land before he is admitted into possession, and moneys so paid to the Receiver shall not be deemed part of the Cheviot Estate Fund.
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The amount of the valuation for such improvements, in case of the land being relet, when paid by the new lessee, shall be paid by the Receiver of Land Revenue to the original lessee or other persons entitled, and, in case of forfeiture, less any rent which may be due to the Crown at the date of such forfeiture, and the cost of recovering possession of the land, and also the charges and expenses of reletting such land, and making, issuing, and completing any fresh lease.
DECLARATION.
I, __, of __, do solemnly and sincerely declare,—
- That I am of the age of seventeen years and upwards.
- That I am applying for a lease of grazing-farm No. __.
- That I am applying for such lease solely for my own use and benefit, and not directly or indirectly for the use of any other person or persons whatsoever.
- That I am not the holder of any run under Part VI. of “The Land Act, 1892,” nor have I any interest in any such run.
- That I do not own any freehold land or land held by lease or license of any kind whatever anywhere in the colony, either by myself or jointly with any other person, which, exclusive of the land I am now applying for the lease of, will exceed in area 5,000 acres.
- That I am applying for the said land subject to the provisions of “The Cheviot Estate Disposition Act, 1893,” and “The Land Act, 1892.”
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.”
A.B.
Declared at __, this __ day of __, 189____, before me — C.D., a Justice of the Peace in and for the Colony of New Zealand.
AGRICULTURAL LANDS OPEN FOR SELECTION ON LEASE IN PERPETUITY.
| Section. | Block. | Area. | Rent per Acre. | Half-yearly Rent. |
|---|
Cheviot Survey District.—First-class Land.
| 4 | XI. | A. R. P. 22 0 0 | s. d. 7 6 | £ s. d. 4 2 6 |
Agricultural land, good soil, sandy loam; sunny eastern aspect, overlooking the ocean; good English and native grasses; not well watered; all ploughable; about half the area is steep; accessible by good road, one mile from Port Robinson. The section is weighted with a sum of £5, being value of boundary fencing, hut, and other small improvements, which sum must be paid on allotment.
| 14 | XI. | 24 0 0 | 6 0 | 3 12 0 |
All open, broken, agricultural and pastoral land; soil very good sandy loam, well watered; about 10 acres in English grass, balance good tussock and English grass; accessible by good road, three-quarters of a mile from Port Robinson.
TERMS AND CONDITIONS FOR THE OCCUPATION OF LANDS ON LEASE IN PERPETUITY.
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The lease shall be for a term of 999 years, to be reckoned from the next 1st day of January or July following the date thereof, and shall in addition include the period between the date of lease and such day.
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The yearly rental in respect of such lease shall be the amount equal to 5 per cent. on the capital value of such land, and shall be payable in equal parts, half-yearly, in advance, on the 1st day of January and 1st day of July in each year to the Receiver of Land Revenue, Christchurch.
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Every applicant shall make the declaration prescribed, and shall, immediately after the application has been approved, deposit a sum equal to one half-year’s rent of the land applied for. Such payment shall be in discharge of the half-year’s rent due on the 1st day of January or July following the date of application. He shall also pay the sum of £1 1s. for the preparation of the lease and the registration thereof.
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A selector may apply for any number of sections, whether contiguous or not, up to the limit of 640 acres; but he can become the owner or occupier of 640 acres only in contiguous sections, including the land already owned by him. Sections on both sides of a road are considered contiguous or touching each other.
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A married woman may become the owner of 320 acres of land in contiguous sections, notwithstanding any land that her husband may be entitled to acquire or may hold, and a married woman may also become a lessee under a will or by virtue of an intestacy.
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When applications are made on the same day for the same land, or part of the same land, then the order of selection shall be decided by ballot.
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The lessee must reside on the land selected within one year from the date of selection, and thereafter such residence shall be continuous for a period of ten years. The Land Board may dispense with residence if the lessee reside and continue to reside on lands contiguous to the lands held under lease.
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The lessee shall put on the land comprised in his lease substantial improvements as under:—
(a.) Within one year from the date of his lease to a value equal to 2½ per cent. of the price of the land;
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Conditions for Leasing Cheviot Estate Land
(continued from previous page)
🗺️ Lands, Settlement & Survey20 January 1896
Lease, Cheviot Estate, Conditions, Improvements, Residence, Selection
🗺️ Declaration for Land Lease Application
🗺️ Lands, Settlement & SurveyDeclaration, Land Lease, Cheviot Estate, Applicant Requirements
- A.B., Applicant for land lease
- C.D., Justice of the Peace
🗺️ Agricultural Lands Open for Selection
🗺️ Lands, Settlement & SurveyAgricultural Land, Lease, Cheviot Estate, Selection, Terms
🗺️ Terms and Conditions for Land Lease in Perpetuity
🗺️ Lands, Settlement & SurveyLease, Perpetuity, Terms, Conditions, Rental, Improvements
NZ Gazette 1896, No 7