Land Lease Conditions




Feb. 4.] THE NEW ZEALAND GAZETTE. 347

ments, and appurtenances to the same belonging: To hold the said several premises intended to be hereby demised unto the lessee for the term of nine hundred and ninety-nine years, to be reckoned from the first day of , one thousand , and including, in addition, the broken period between the date of this lease and such day: Yielding and paying therefor during the said term unto the Receiver of Land Revenue for the said Land District of , free from all deductions whatsoever, the clear annual rent of computed from the said first day of , one thousand , and payable in manner following, that is to say:—

(a.) By a payment of before the execution of these presents, such payment (which has been duly made) being in respect of rent in advance for the first half-year, computed as aforesaid; and also

(b.) By the payment thereafter of half-yearly in advance on the first day of January and the first day of July in each and every year during the said term, the first of such payments to become due and to be made on the first day of , one thousand :

And also paying, in respect of the value of the buildings specified in the Second Schedule hereto unto the aforesaid Receiver, the respective instalments specified in that Schedule at the dates therein respectively mentioned in that behalf.

And the lessee doth hereby covenant with the lessor as follows, that is to say:—

  1. Subject to the provisions of “The Land Act, 1892,” as to relaxing or dispensing with the conditions relating to residence, the lessee will reside on the demised land within one year from the date of this lease, and thereafter such residence shall be continuous for the period of ten years.

  2. The lessee will put on the demised land substantial improvements as under:—

(a.) Within one year from the date of this lease substantial improvements to a value equal to two and one-half per centum of the aforesaid capital value of the land;

(b.) Within two years from such date, further substantial improvements to a value equal to another two and one-half per centum of the aforesaid capital value of the land;

(c.) And within six years from such date, further substantial improvements to a value equal to another two and one-half per centum of the aforesaid capital value of the land, so that the total value of such improvements at the end of six years from such date shall not be less than seven and one-half per centum of the aforesaid capital value of the land;

and also, in addition thereto, he will, within six years from such date, put upon the demised land substantial improvements of a permanent character within the meaning of “The Land Act, 1892,” to the value of one pound for every acre of agricultural land, and ten shillings for every acre of mixed agricultural and pastoral land: Provided that, for the purpose of determining whether the lessee has duly performed this covenant (but for no other purpose), there shall be included the value of all substantial improvements existing on the demised land at the date of this lease, and also all capital sums paid by the lessee in respect of the value of the buildings specified in the Second Schedule hereto, nevertheless to the extent only of the actual value of such of the said improvements and buildings as are subsisting at the time when their value is so included.

  1. The lessee will, within two years from the date of this lease, have the demised land fenced with a ring fence, and such fence shall be a sufficient fence within the meaning of “The Fencing Act, 1895.”

  2. The lessee will once a year during the said term, and at the proper season of the year, properly cut and trim all live fences now on the demised land, or which may be planted thereon during the said term, and stub all gorse not growing as fences, and also stub all broom, sweetbriar, and other noxious plants.

  3. The lessee will not take more than three crops, one of which must be a root crop, from the same land in succession; and will either with or immediately after a third crop of any kind sow the land down with good permanent cultivated grasses and clovers, and allow the land to remain as pasture for at least three years from the harvesting of the last crop before being again cropped.

  4. The lessee will at all times during the said term so farm the demised land, if the area of the whole exceeds twenty acres, as that not less than one-half of the total area shall be maintained in permanent pasture.

  5. The lessee will not cut the cultivated grass or clovers for hay or seed during the first year from the time of sowing as aforesaid, nor at any time remove from the demised land or burn any straw grown thereon.

  6. The lessee will once a year during the said term properly clean, and clear from weeds, and will at all times during the said term keep open, all creeks, drains, ditches, and watercourses upon the demised land, and the Commissioner of Crown Lands (hereinafter called “the Commissioner”), or any Crown Lands Ranger of the Land District wherein the demised land is situate, shall have the power at any time to enter upon and make through the demised land any drain that he deems necessary, without payment of any compensation to the lessee.

  7. In the event of the lessee at any time failing to faithfully perform any of the foregoing covenants relating to the trimming of live fences, and stubbing gorse, broom, and sweetbriar, or other noxious weeds, or to the cleaning, clearing from weeds, and keeping open all creeks, drains, ditches, and watercourses, it shall be lawful for the Commissioner to have such work done, and to recover the cost of the same from the lessee in the same manner as rent.

  8. The lessee will pay all rates, taxes, and assessments levied on or payable in respect of the demised land during the said term.

  9. The lessee will at all times during the said term keep in good repair and condition, to the satisfaction of the Commissioner, all buildings and erections for the time being standing on the demised land, and will not destroy, pull down, or remove them, or any part thereof, without the previous permission of the Commissioner in writing.

  10. The lessee will not open up any mine on the demised land without the previous permission of the Commissioner in writing.

  11. The lessee will fully and punctually pay the rent hereinbefore reserved at the times and in the manner hereinbefore named in that behalf.

  12. With reference to the buildings which have been valued separately as aforesaid, and the instalments in respect of the value thereof, as specified in the Second Schedule hereto, the following special provisions shall apply, that is to say:—

(1.) The lessee shall fully and punctually pay the said instalments at the times and in manner mentioned in that behalf in the said Second Schedule hereto: Provided that he may at any time pay the whole or any less number of the then future instalments under a duly proportionate rebate of interest.

(2.) So long as any such instalment remains unpaid, the lessee shall, at his own cost in all things, insure the said buildings and keep them insured in the name of the lessor in an amount equal to the full insurable value thereof in some reputable insurance office to be first approved by the Commissioner.

(3.) The lessee shall deposit with the Commissioner the policy of such insurance forthwith upon effecting the same, and shall also duly pay all premiums in respect thereof, and deposit with him each premium receipt not later than the forenoon of the day on which such premium becomes payable.

(4.) If the lessee at any time fails or neglects to duly effect or keep on foot such insurance, or to duly pay any such premium, or deposit such policy or receipt, it shall be lawful for but not obligatory on the Commissioner, at the cost in all things of the lessee, to effect such insurance in such sum as aforesaid or in any other sum, or to pay such premium, as he thinks fit.

(5.) Every such instalment as it becomes due, and every sum paid by the Commissioner in respect of cost of insurance, shall be payable by and may be recovered from the lessee in the same manner as rent.

(6.) The amount of such insurance may, with the consent of the Commissioner, be reduced from time to time, provided that it is not reduced below the total amount of the instalments for the time being remaining unpaid.

(7.) In the event of the buildings so insured or any of them being destroyed or damaged by fire, all moneys payable to the lessor under the insurance shall be recoverable by the Commissioner, who, after deducting the expense (if any) incurred in recovering the same, shall, in his discretion, apply the residue thereof, or a sufficient part thereof, either in or towards restoring the buildings or in or towards paying the unpaid instalments (a due rebate of interest being made in the case of instalments not then due), and any surplus shall be payable to the lessee.

And it is hereby decreed and declared as follows, that is to say,—

(A.) For the purposes of these presents the following proportion, to wit, of the demised land shall be deemed to be agricultural land, and the



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1897, No 12





✨ LLM interpretation of page content

🗺️ Conditions of Land Lease (continued from previous page)

🗺️ Lands, Settlement & Survey
Land lease, 999-year term, Rent payment, Improvements, Fencing, Crop rotation, Pasture maintenance, Insurance, Building maintenance
  • Commissioner of Crown Lands
  • Crown Lands Ranger