✨ Land Regulations
JUNE 15.] THE NEW ZEALAND GAZETTE. 1125
amending Act, the following special provisions shall apply:—
(1.) The ascertained value of the buildings shall be set forth in the sale-plan and in the deed of lease, and the amount so set forth shall be final and conclusive evidence of such value.
(2.) Subject to the provisions for postponement contained in subsection (3) of section 7 of the amending Act, the amount so set forth, together with interest thereon at the rate of 5 per cent. per annum, computed from the 1st day of January or July next following the date of the lease, shall be paid by the lessee by equal half-yearly instalments in advance, extending over such period, being not less than seven nor more than twenty-one years, as, with the approval of the Minister, the Land Board thinks fit to determine: Provided that during such postponement (if any) the interest alone shall be payable by half-yearly instalment in advance.
(3.) Such instalments shall be payable in the manner and on the dates hereinbefore appointed for the payment of rent: Provided that the lessee may at any time pay the whole or any less number of the then future instalments under a duly proportionate rebate of interest.
(4.) The amount of such instalments (where they consist of combined principal and interest, and not of interest alone) shall be calculated according to the table shown in the Second Schedule to the Regulations under “The Land for Settlements Act Amendment Act, 1896,” which shall be deemed to be final and conclusive.
(5.) So long as any such instalment remains unpaid, the lessee shall, at his own cost in all things, insure the buildings, and keep them insured, in the name of Her Majesty, in an amount equal to the full insurable value thereof, in some reputable insurance office, to be first approved by the Commissioner.
(6.) The lessee shall deposit with the Commissioner the policy of insurance forthwith upon effecting the insurance, 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.
(7.) If the lessee at any time fails or neglects to 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.
(8.) 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 aforesaid instalments for the time being remaining unpaid.
(9.) In the event of the buildings so insured, or any of them, being destroyed or damaged by fire, all moneys payable to Her Majesty 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 duly proportionate rebate of interest being made in the case of instalments not then due), and any surplus shall be payable to the lessee.
(10.) Every such instalment as aforesaid 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.
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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 dwellinghouse 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. -
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 the value of buildings or 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.
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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.
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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. 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 improvements made by him.
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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.
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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.
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For the purpose of the disposal of the Tamai 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 Tamai Hamlet for Lease in Perpetuity as a Workmen’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 workmen’s home:—
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Regulations for Disposal of Tamai Hamlet Land in Canterbury
(continued from previous page)
🗺️ Lands, Settlement & Survey5 June 1899
Tamai Hamlet, Canterbury, Land for Settlements Act 1894, Lease-in-perpetuity, Workmen's homes, Conditions of occupation
NZ Gazette 1899, No 49