✨ Land Lease Conditions
350
THE NEW ZEALAND GAZETTE.
[No. 12
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.
-
The lessee will pay all rates, taxes, and assessments
levied on or payable in respect of the demised land during
the said term. -
The lessee will at all times during the said term keep
in good repair and condition, to the satisfaction of the Com-
missioner, 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. -
The lessee will not open up any mine on the demised
land without the previous permission of the Commissioner
in writing. -
The lessee will fully and punctually pay the rent
hereinbefore reserved at the times and in the manner herein-
before named in that behalf. -
With reference to the buildings which have been
valued separately as aforesaid, and the instalments in re-
spect 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 men-
tioned 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 Com-
missioner.
(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 pre-
mium 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 obliga-
tory 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 con-
sent 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 bush land, and of such
bush land the following proportion, to wit,
shall be deemed to be first-class and
the residue shall be deemed to be second-class
pastoral land.
(B.) Subject to the provisions herein contained or im-
plied, and also to those of the said Acts and the
said regulations, the provisions of "The Land
Act, 1892," and the regulations thereunder with
respect to applications for and the grant of
leases of small grazing-runs, the stipulations and
conditions subject to which such leases may be
granted, the rights and powers of the lessor and
of every person or authority in Her behalf, the
rights, powers, and functions of the Land Board
and the Commissioner in relation to the land and
premises demised by such leases, and the estate,
interest, rights, duties, and liabilities of the les-
sees, shall, so far as the same are applicable,
apply to this lease as fully as if they were fully set
out herein: Provided that the lessee shall not
be entitled to obtain a lease in perpetuity of the
demised land by surrendering this lease or other-
wise, anything in "The Land Act, 1892," to the
contrary notwithstanding.
(c.) If and so often as the lessee makes default in the
due and full payment of any rent hereby reserved,
or of any instalment in respect of the value of
buildings as aforesaid, or of any sum in respect
of cost of insurance as aforesaid, or of any other
moneys payable under this lease, or in the faith-
ful observance and performance of any other of
the covenants, conditions, or stipulations herein
contained or implied, and by him to be observed
or performed, then and in any such case the
Land Board may, without any previous or other
notice or demand, forfeit this lease; and in such
case all the lessee's interest therein shall abso-
lutely cease and determine, subject, nevertheless,
to the provisions of the next following clause,
respecting valuation of improvements; but such
forfeiture shall not affect any right or remedy on
the part of the lessor to recover from the lessee
any money due to the lessor, nor release the lessee
from any penalty or liability in respect to any-
thing done or omitted to be done by him.
(d.) In the event of the forfeiture or surrender of this
lease, the provisions of "The Land Act, 1892,"
respecting valuation of improvements and the
payment or other disposal thereof shall, so far as
the same are applicable, apply to the improve-
ments made by the lessee.
(E.) For the purpose of distinguishing the improvements
existing on the demised land at the date of this
lease from those subsequently made by the lessee,
the first-mentioned improvements and their value
shall be deemed to be those specified in the Third
Schedule hereto: Provided that to the extent to
which the lessee pays the aforesaid instalments
in respect of the value of buildings, to the same
extent shall such buildings be deemed to be im-
provements made by him.
(F.) The lessee, duly fulfilling on his part all the cove-
nants, stipulations, and conditions herein con-
tained and implied, shall, at the expiration of the
said term by effluxion of time, have the option of
a renewal thereof for a further term of twenty-
one years, computed from the date of the expira-
tion of the original term, at a yearly rental equal to
5 per cent. on the then capital value of the land,
computed in manner prescribed by the said Acts,
being, however, in no case less than the original
rental; and for the purposes of this clause, the
provisions of "The Land Act, 1892," relating to
renewals of leases of small grazing-runs shall,
mutatis mutandis, apply in so far as the same are
applicable.
[Insert such additional provisions (if any), not inconsistent
with the said Acts and the regulations thereunder, as, with
the approval of the Minister, the Land Board thinks fit.]
In witness whereof the Commissioner of Crown Lands for
the Land District of , on behalf of the lessor, hath
hereunto set his hand, and these presents have been also
executed by or on behalf of the lessee.
The First Schedule hereinbefore referred to.
Description of the demised land :
The Second Schedule hereinbefore referred to.
Buildings now existing on the demised land :
Capital value thereof :
Instalments by which such capital value (with interest
thereon) is payable, and the due dates of such instalments :
By half-yearly instalments of each in
advance, in respect of interest alone, and then
half-yearly instalments of each,
in advance, in respect of combined capital and
interest, the first instalment (being for the half-
year commencing on the first day of March, one
thousand ), having been duly paid, and the
subsequent instalments being payable on the first
day of September and the first day of March in
each year in the same manner as rent.
The Third Schedule hereinbefore referred to.
Improvements now existing on the demised land, and
their value :—
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Lease of Pastoral Land as Small Grazing-run
(continued from previous page)
🗺️ Lands, Settlement & SurveyLand lease, Pastoral land, Small grazing-run, Rent payments, Improvements, Covenants, Commissioner of Crown Lands
NZ Gazette 1897, No 12