114
THE NEW ZEALAND GAZETTE.
[No. 5

as healthy residence-sites. The township is sheltered from
the south and south-west winds by the high range connect-
ing Pihanga and Kakaramea, which, being forest-clad, adds
much to the beauty of the country and site.

The central position of Tokaanu, on the main line of com-
munication between Auckland and Wellington, with the
noble Lake Taupo and fine thermal springs on its borders,
and being within easy distance of the magnificent Ruapehu,
Ngauruhoe, and Tongariro Mountains, Lake Roto-a-ira, and
numerous other beautiful scenes, together with the advan-
tages of a salubrious climate, should render the sections now
under offer attractive and desirable investments.

—

TERMS AND CONDITIONS OF SALE.

1. The respective sections shall be offered by auction at
   Wellington.

2. The bidder of the highest rent shall be declared to be
   the lessee, and, if any dispute arises as to the last or highest
   bidding for any section, the section in dispute shall be put
   up again at the last-preceding bidding.

3. The highest bidder for each section shall, upon the fall
   of the hammer, pay to the auctioneer the half-year’s rent in
   advance by way of deposit, which shall represent the half-
   year’s rent due in advance on the 1st July next. The value
   of the improvements shall be paid by the incoming tenant to
   the Receiver of Land Revenue at Wellington, on behalf of
   the outgoing tenant, within one month, and before possession
   is given to the new tenant.

4. The second half-year’s rent shall become payable on the
   1st January, 1899, and thenceforth shall be paid half-yearly
   in advance.

5. As soon as may be after the highest bidder is ascertained,
   a lease will be prepared, for which there will be a charge of
   £1, to be paid by the lessee. Such lease shall be for the
   term of twenty-one years, commencing from the 1st day of
   July next, and the lessee shall execute the same in triplicate
   at the office of the Commissioner whenever requested so
   to do.

6. Should the highest bidder neglect or fail to comply with
   any of the conditions, his deposit-money shall thereupon be
   forfeited to the Commissioner, who shall be at full liberty
   either to enforce the letting or to relet the premises at such
   time and place and in such manner as he thinks fit.

7. Every lease shall be in the following form, with such
   modification as the circumstances may require:—

THIS deed, made the day of , one thousand
eight hundred and ninety- , under the provisions of
“The Native Townships Act, 1895,” between Her Majesty
Queen Victoria (who, with her heirs and successors, is here-
inafter referred to and included in the expression “the
lessor”) of the one part, and , of , in the Land
District of , in the Colony of New Zealand (who,
with his executors, administrators, and permitted
assigns, is hereinafter referred to and included in the expres-
sion “the lessee”), of the other part, 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 hereby demises and leases unto the
lessee all that piece of land, containing by admeasurement
acres roods perches, a little more or
less, situate in the Native Township of , and being
allotment numbered , Block , on the plan of
that township, as the same is more particularly delineated
and described in the plan drawn hereon, and therein
coloured red in outline; together with all ways, rights, ease-
ments, and appurtenances to the same belonging: To hold
the demised premises unto the lessee for the term of
twenty-one years, commencing on the 1st day of ,
one thousand ; yielding and paying therefor the
annual rent of , payable half-yearly in advance on
the 1st day of January and the 1st day of July in
each year during the said term, free from all deduc-
tions whatsoever, the first half-yearly payment of such rent
having been already made, and the next payment to become
due and be made on the 1st day of thereafter.

And the lessee hereby covenants with the lessor as fol-
lows, namely:—

(1.) The lessee shall not nor will at any time during the
said term assign, underlet, or part with the possession of the
demised premises, or any part thereof, without the previous
consent in writing of the Commissioner of Crown Lands for
the time being of the Land District of Wellington, herein-
after called “the Commissioner.”

(2.) The lessee will from time to time during the said term
pay unto the lessor the said rent on the days and in manner
aforesaid, and also will from time to time pay and discharge
all rates, taxes, charges, and assessments whatsoever now or
hereafter to become payable upon or in respect of the
demised premises or any part thereof.

(3.) The lessee will, during the said term, well and suffi-
ciently repair, maintain, and keep the demised premises and
all buildings, fences, and erections from time to time built
or erected thereon in good and substantial repair and con-
dition (reasonable wear-and-tear, and damage by fire, storm,
earthquake, or tempest only excepted). In the erection of
any buildings from time to time the lessee will abide by and
conform to the alignment of streets and roads, and also to
all the by-laws and regulations from time to time in force,
or made or passed by the local authority for the time being
intrusted, under “The Native Townships Act, 1895,” with
the administration of the local affairs of the said township,
by whatever name or designation such local authority may
for the time being be called, but hereinafter referred to as
“the local authority.”

(4.) The lessee will from time to time construct, maintain,
and keep all such privies, ashpits, and other works of a
similar character as may be ordered or directed by the local
authority; and, in cutting and laying of drains and channels
for the conveyance of water or waste material or refuse of
any kind, and in maintaining or providing for the sanitary
state and condition of the demised premises, will at all
times act in accordance with the direction of the local
authority or the requirements of any laws, by-laws, rules, or
regulations for the time being in force providing for the
sanitary state and condition of the said township.

(5.) The lessee will not at any time during the said term,
without the previous consent in writing of the local
authority, carry on or permit to be carried on upon the said
land or any part thereof the trade or business of a soap-
boiler, tallow-chandler, tanner, slaughterman, meat curer or
preserver, or any noisy, noxious, or offensive trade or manu-
facture of any kind whatever.

(6.) The lessee will permit the lessor, or any person on her
behalf duly authorised as hereinafter provided, from time to
time to enter upon the demised premises at all reasonable
times to view the state and condition thereof, and upon
notice of any defect or want of repair being given to the
lessee, or left for him on the premises, the lessee will,
within one month thereafter, make good any such defect or
want of repair:

Provided always that whenever the rent hereby reserved
or any part thereof is in arrear for twenty-one days the same
may be levied by distress without any previous demand of
payment or notice of any kind: Provided further that, if the
lessee makes default for thirty days in the full and punctual
payment of any of the said rent, or if he makes default in
the faithful performance or observance of any other covenant
or condition on his part herein contained or implied, or if
the Commissioner is satisfied that the land comprised in
this lease is being held unused and to the hindrance of the
trade and progress of the said township, then and in any
such case, and without any notice or demand whatsoever, it
shall be lawful for the lessor to re-enter upon the demised
premises and thereby determine this lease, and that without
releasing the lessee from any liability in respect of any rent
due or of any preceding breach of covenant.

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

(1.) The rent hereby reserved may be paid to the Receiver
of Land Revenue for the time being of the Land District of
Wellington, on behalf of the lessor, and the receipt of such
Receiver shall be a good discharge to the lessee.

(2.) Any power which may be exercisable under these pre-
sents by or on behalf of the lessor may from time to time be
exercised by the Commissioner, or by any person whom he
from time to time appoints for that purpose.

(3.) Service on the lessee of any notice under this lease
may be effected either personally or by posting the same in a
registered letter addressed to him, either at his last-known
place of business or abode in the colony or at the demised
land.

(4.) The lessee, faithfully observing and performing all the
covenants, conditions, and agreements on his part herein
contained or implied, shall, on the expiration by effluxion of
time of the term hereby granted, or of any renewal thereof,
have the right to a renewal of the lease, or to valuation for
all substantial improvements of a permanent character made
or owned by him and then existing on the demised land:
Provided that such right shall exist only to the extent and
subject to the conditions following, that is to say:—

(1.) Not sooner than nine nor later than six months
before the expiration of the said term by effluxion
of time two separate valuations shall be made in
manner prescribed (mutatis mutandis) by sections
79 and 80 of “The Land Act, 1892,” of

(a.) All such improvements as aforesaid; and of
(b.) The annual ground-rent of the land (ex-
clusive of such improvements as aforesaid) for a
fresh term of twenty-one years.

(2.) After the making and publishing of the aforesaid
valuations, which shall be effected by serving a
copy thereof on the lessee and another copy on
the Commissioner, but not later than one month
before the date of such expiration as aforesaid,
the lessee shall, by notice in writing served on the