Land Lease Agreement




Feb. 24.] THE NEW ZEALAND GAZETTE. 371

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 Wellington, and being section numbered , Block XII., Belmont Survey District, of the Paparangi Settlement, 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 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 Wellington, 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 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 of a permanent character to the satisfaction of the Commissioner of Crown Lands of the Wellington Land District (hereinafter called “the Commissioner”) as under:—

(a.) Within one year from the date of this lease, a substantial dwellinghouse to the value of at least £30;

(b.) Within two years from the date of this lease, a sufficient fence, within the meaning of “The Fencing Act, 1895,” round the land;

(c.) Within three years from the date of this lease, at least one-fourth of the area of the demised land shall be fenced off, and be under proper cultivation.

  1. 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.

  2. 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.

  3. In the event of the lessee at any time failing to faithfully perform any of the provisions of the two last-preceding clauses hereof, 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.

  4. The Commissioner or any Crown Lands Ranger 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.

  5. The lessee will not cut down or remove any ornamental clumps of trees growing on the demised land, without the consent of the Commissioner in writing first obtained, and such consent shall be conditional on the lessee giving a written undertaking to plant other trees of an equal number and approved kind within one year thereafter.

  6. The lessee will not, either directly or indirectly, carry on any offensive trade, within the meaning given in “The Land Transfer Act, 1885,” upon the demised land.

  7. The lessee will not at any time during the term, by assignment, under-lease, mortgage, or other disposition, in any way transfer the possession or occupation of less than the whole of the land comprised in the lease.

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

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

  10. The lessor shall at all times have the full and free right to enter on the demised land and search for and take and remove gravel or stone for making or maintaining roads: Provided that the lessee shall be entitled to compensation for any surface damage caused thereby, but to no other compensation or remedy whatsoever.

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

  12. With reference to any advance at any time made to the lessee under section 12 of “The Land for Settlements Act Amendment Act, 1896,” and the regulations relating thereto, the following special provisions shall apply:—

(1.) Such advance, together with interest thereon at the rate of 5 per cent. per annum computed from the date of the advance, shall be repayable by the lessee to the aforesaid Receiver by equal half-yearly instalments in advance, extending over such period, being not less than five nor more than ten years, as, with the approval of the Minister, the Land Board thinks fit to prescribe: Provided that the lessee may, at any time during such period, pay the whole or any less number of the then future instalments, under a duly proportionate rebate of interest.

(2.) A certificate under the hand of the Commissioner shall at all times and from time to time be conclusive evidence as to the date and amount of the advance, the amounts and due dates of the instalments, and the sums paid and unpaid in respect thereof.

(3.) As long as any such instalment remains unpaid, the lessee shall insure in the name of Her Majesty all buildings and erections on the demised land in a sum equal to their full insurable value; and for the purposes of this provision the covenant for insurance set out in the Schedule to “The Land Transfer Act, 1885,” shall be implied herein.

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

(a.) Subject to the provisions herein contained and implied, the provisions of “The Land Act, 1892,” and the regulations thereunder with respect to applications for and the grant of leases in perpetuity, the stipulations and conditions subject to which such leases may be granted, the rights and powers of Her Majesty and of every person or authority in her behalf, the rights, powers, and functions of the Land Board and the Commissioner in relation to land and premises comprised in such leases, and the estate, interest, rights, duties, and liabilities of the lessees, shall, so far as the same are applicable, apply to this lease as fully as if they were fully set out herein.

(b.) If and so often as the lessee makes default in the due and full payment of any rent hereby reserved, or of any other moneys payable under this lease, or in the faithful 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 absolutely 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 anything done or omitted to be done by him.

(c.) 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 improvements made by the lessee.

(d.) 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 Second Schedule hereto.

[Insert such additional provisions (if any), not inconsistent herewith, 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 Wellington, 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 :

B



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VUW Te Waharoa PDF NZ Gazette 1898, No 13





✨ LLM interpretation of page content

🗺️ Regulations for Disposal of Paparangi Settlement Land (continued from previous page)

🗺️ Lands, Settlement & Survey
22 February 1898
Land for Settlements Act, Paparangi Settlement, Wellington, Lease in Perpetuity, Land Act 1892
  • Commissioner of Crown Lands for the Land District of Wellington