Pastoral Land Lease Documents




FEB. 4.

Settlements Act Amendment Act, 1896,” and the regulations made thereunder, am applying for one of the small grazing-runs described in the foregoing application.
3. That I am acquiring such run solely for my own use and benefit, and not directly or indirectly for the use or benefit of any other person or persons whomsoever.
4. That I am not, directly or indirectly, either by myself or jointly with any other person or persons, the owner, tenant; or occupier of any land whatsoever under “The Land for Settlements Act, 1894,” or its amendments, nor the owner in fee-simple, nor the tenant or occupier under a lease for a term whereof not less than two years are unexpired, of any other land in the colony which with the largest run included in the foregoing application would exceed acres.
5. That the total value of all the real and personal property owned by me does not (after deducting the encumbrances thereon) exceed one and a half times the capital value (exclusive of buildings) of any run comprised in the foregoing application.
6. That my answers to the foregoing questions (Nos. 1 to 11) are true and correct in every particular.
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.”

( Signature in full.)
Declared at , this day of , one thousand , before me—
(Signature)
A Justice of the Peace in and for the Colony of New Zealand (or as the case may be).
Received on , at .
Commissioner of Crown Lands.

FIFTH SCHEDULE.
(New Zealand.)
Lease of Pastoral Land as Small Grazing-run under “The Land Act, 1892,” and “The Land for Settlements Act, 1894,” and the Amendments thereof.
THIS DEED, made the day of , one thousand , between Her Majesty the Queen (who, with Her heirs and successors, is hereinafter referred to as “the lessor”), of the one part, and [Full name], of [Residence], in the Colony of New Zealand [Occupation] (who, with executors, administrators, and permitted assigns, is hereinafter referred to as “the lessee”), of the other part:
Whereas the allotment of land described in the First Schedule hereto is pastoral land which has been acquired by the lessor under “The Land for Settlements Act, 1894,” and its amendments (hereinafter called “the said Acts”): And whereas, pursuant to the provisions of the said Acts and the regulations in that behalf made thereunder and under “The Land Act, 1892” (hereinafter called “the said regulations”), the lessor duly applied for a lease of the said allotment as a small grazing-run, and on the day of , one thousand , his application was duly declared to be successful by the Land Board of the land district wherein the said allotment is situate (hereinafter called “the Land Board”): And whereas there are now situate on the said allotment the buildings specified in the Second Schedule hereto, the value whereof has been duly ascertained to be the sum therein mentioned: And whereas, pursuant to the provisions of the said Acts and the said regulations, the said sum, together with interest thereon at the rate of five per centum per annum, computed from the first day of March, one thousand , is payable by the lessee by the respective instalments and on the respective dates mentioned in the said Second Schedule hereto: And whereas the capital value of the said allotment, apart from the said buildings, is :
Now this deed witnesseth that, in consideration of the rent hereinafter reserved, and of the covenants, conditions, and agreements herein contained and implied, and on the part of the lessee to be paid, observed, and performed, the lessor doth hereby demise and lease unto the lessee all that piece of land containing by admeasurement acres roods perches, a little more or less, situated in the Land District of aforesaid, and being allotment numbered of the Estate, as the same is more particularly described in the First Schedule hereto, and delineated in the plan drawn thereon, it being therein coloured red in outline; together with the rights, easements, and appurtenances to the same belonging: To hold the said several premises intended to be hereby demised unto the lessee for the term of twenty-one years, to be reckoned from the first day of March, 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 March, one thousand 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 March and first day of September 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 September, 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 (or on land which by “The Land for Settlements Act Amendment Act, 1896,” is deemed to be included in this demise) within year from the date of this lease, and thereafter such residence shall be continuous during the said term.
  2. The lessee will put or have 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 the amount of one year's rental of the land;
    (b.) Within two years from such date further substantial improvements to a value equal to the amount of another year's rental value of the land;
    (c.) And within six years from such date further substantial improvements to a value equal to the amount of other two years' rental 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 the amount of four years' rental of the land ;
    and also, in addition thereto, he will, within six years from such date, put upon such portion of the demised land as is bush land substantial improvements of a permanent character within the meaning of “The Land Act, 1892,” to the value of ten shillings for every acre of first-class, and five shillings for every acre of mixed second-class 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 as aforesaid.
  3. 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.
  4. 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.
  5. The lessee will at all times during the said term maintain in permanent pasture not less than two-thirds of the total area of the demised land.
  6. 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.
  7. 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.
  8. 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


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1897, No 12





✨ LLM interpretation of page content

🗺️ Application for Pastoral Land Lease (continued from previous page)

🗺️ Lands, Settlement & Survey
Pastoral land, Small grazing-run, Lease application, Annual payments, Capital value, Deposit, Qualifications, Experience

🗺️ Lease of Pastoral Land as Small Grazing-run

🗺️ Lands, Settlement & Survey
Pastoral land, Lease agreement, Small grazing-run, Land Act, Settlements Act, Land Board, Buildings, Rent, Improvements, Residence, Fences, Crops, Pasture, Watercourses