438
THE NEW ZEALAND GAZETTE.
[No. 17

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

19. The lessee shall put on the land comprised in his lease substantial improvements of a permanent character, to the satisfaction of the Commissioner, as under, that is to say,—
    (1.) Within one year from the date of his lease, a substantial dwelling-house to the value of at least £30.
    (2.) Within two years from the date of his lease, a sufficient fence, within the meaning of “The Fencing Act, 1895,” round the land.
    (3.) Within three years from the date of his lease, at least one-fourth of the area of the land shall be fenced off, and be under proper cultivation as a garden or orchard.

20. The lessee shall once a year throughout the term of his lease, and at the proper season of the year, properly cut and trim all live fences on the land at the date of the lease, or subsequently planted thereon, and stub all gorse not growing as fences, and also stub all broom and sweetbriar and other noxious plants.

21. The lessee shall once a year during the term of his lease properly clean and clear from weeds, and shall at all times during the said term keep open, all creeks, drains, ditches, and watercourses upon the land.

22. In the event of the lessee at any time failing to comply with any of the conditions 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.

23. The Commissioner or any Crown Lands Ranger of the land district shall also have the power at any time to enter upon and make through the land any drain that he deems necessary, without payment of any compensation to the lessee.

24. The lessee shall 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 his lease.

25. The lessee shall not open up any mine on the land comprised in his lease without the previous permission of the Commissioner in writing.

26. The lessee shall not, either directly or indirectly, carry on upon the land any offensive trade as defined in “The Land Transfer Act, 1885.”

27. The lessee shall pay all rates, taxes, and assessments levied on or payable in respect of the land during the term of his lease.

28. The full and free right to enter on the land comprised in the lease and search for and take and remove gravel or stone for making or maintaining roads is reserved to Her Majesty: Provided that the lessee shall be entitled to compensation for any surface damage caused thereby, but to no other compensation or remedy whatsoever.

29. The lessee shall at all times during the term of his lease keep in good repair and condition, to the satisfaction of the Commissioner, all fences, buildings, and other erections for the time being on the land, and shall not destroy, pull down, or remove them, or any part thereof, without the previous permission of the Commissioner in writing.

30. Advances under section 12 of the amending Act may be made subject to the following conditions:—
    (1.) If the lessee is married an advance of not more than £20, and if he is single an advance of not more than £10, may be made to him towards the cost of fencing and planting the land comprised in his lease, or of building a dwelling-house thereon.
    (2.) Such advance shall not exceed one-half the value of the fencing, planting, and building actually done or erected by the lessee on the land.
    (3.) No advance shall be made save on the written certificate of an Inspector appointed in that behalf by the Land Board, specifying the total value of the work done by the lessee, and the amount of the advance to which he is entitled, and certifying that such work has been well and faithfully done, and to the Inspector’s satisfaction.
    (4.) 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 Receiver of Land Revenue on the half-yearly rent-days 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, repay the whole or any less number of the then future instalments under a duly proportionate rebate of interest.

(5.) The lessee shall, at his own cost in all things, insure in the name of Her Majesty all buildings and erections from time to time standing on the land comprised in his lease in a sum equal to their full insurable value, and for the purposes of this provision the covenant for insurance set out in the Fourth Schedule to “The Land Transfer Act, 1885,” shall be implied in the lease.

31. If and so often as the lessee makes default in the due and full payment of any rent under the lease, or of any instalment in respect of advances as aforesaid, or of any sum in respect of cost of insurance as aforesaid, or of any other moneys payable under the lease, or in the faithful observance and performance of any other of the provisions of these regulations, or of the lease, then and in any such case the Land Board may, without any previous or other notice or demand, forfeit the lease; and in such case all his 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 Her Majesty to recover from the lessee any money due to Her Majesty, or release the lessee from any penalty or liability in respect to anything done or omitted to be done by him.

32. In the event of the forfeiture or surrender of the 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.

33. For the purpose of distinguishing the improvements existing on the land at the date of the lease from those subsequently made by the lessee, the first-mentioned improvements and their value shall be fixed by the Land Board and be specified in the lease.

34. The lease shall be in the form or to the effect set forth in the Second Schedule hereto, and may contain such additional provisions, not inconsistent with the said Acts or these regulations, as, with the approval of the Minister, the Land Board thinks fit.

35. Subject to these regulations, 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 the 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 leases in perpetuity granted under these regulations.

36. For the purpose of the disposal of the Pawaho Hamlet, the general regulations made on the 1st day of February, 1897, and gazetted on the 4th idem, are hereby superseded by these regulations.

FIRST SCHEDULE.

Form of Application.

APPLICATION for an Allotment of Land in the Pawaho Hamlet for Lease in Perpetuity as a Workman’s Home under “The Land for Settlements Act, 1894,” and its Amendments.

To the Commissioner of Crown Lands for the Land District of

I HEREBY apply for a lease in perpetuity of one of the following allotments as a workman’s home:—

And I deposit herewith the sum of £ __, being the half-year’s rent and other payments prescribed in respect of the allotment applied for.*

In proof of my fitness and qualifications to hold the land applied for, I hereby make the following replies to the under-mentioned questions:—

• If more than one allotment is applied for, the deposit should be for the allotment requiring the largest deposit.