1854

THE NEW ZEALAND GAZETTE.

[No. 71

shall 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.

14. In the event of any lessee at any time failing to comply with any of the conditions hereinbefore mentioned relating to the trimming of live fences, and stubbing gorse, broom, and sweetbriar or other noxious weeds, and to the cleaning, clearing from weeds, and keeping open all creeks, drains, ditches, 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.

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

16. In the case of land with buildings thereon which have been valued separately, in pursuance of section 7 of the 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 instalments 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.

17. 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 buildings and erections for the time being standing 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.

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

19. 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 the building 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.

20. 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.

21. The lease shall be in the form or to the effect set forth in the regulations under “The Land for Settlements Act Amendment Act, 1896,” 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.

22. The right is reserved to the Crown or to its delegated authority to take water-races, 30 links wide, and to lay water-pipes over any lands disposed of without compensation. The rentals of the sections to be reduced in proportion to the area taken, if any, when any such right has been exercised.

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Town of Seddon the general regulations made on the 1st day of February, 1897, and gazetted on the 4th idem, are hereby superseded by these regulations.

ALEX. WILLIS,
Clerk of the Executive Council.

Addition to the Mount Wellington Domain brought under “The Public Domains Act, 1881.”

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this eighth day of August, 1899.

Present:

His Excellency the Governor in Council.

By virtue of the powers and authorities vested in me by the twenty-fourth section of “The Public Reserves Act, 1881,” His Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, doth hereby order and declare that the reserve made for public recreation in the Auckland Land District described in the Schedule hereto shall be and the same is hereby brought under the operation of and declared to be subject to the provisions of “The Public Domains Act, 1881”; and such domain shall hereafter be managed, administered, and dealt with in manner directed by the said Act. And in exercise and pursuance of the powers vested in him by “The Public Domains Act, 1881,” aforesaid, His Excellency the Governor, acting with the like advice and consent, doth by this present Order delegate all the powers conferred upon him by the last-mentioned Act, except the powers under or conferred by sections five and twelve thereof, to the Mount Wellington Domain Board, subject to the stipulations contained in the Order in Council issued on the thirtieth day of October, one thousand eight hundred and ninety-eight, constituting the said Domain Board.

SCHEDULE.

All that parcel of land in the Auckland Land District, containing by admeasurement 3 acres and 24 perches, more or less, being Lots Nos. 51 and 51a of Section No. 1, Small Farms, Panmure, Parish of Waitemata, as the same is delineated on the plan deposited in the District Survey Office, Auckland.

ALEX. WILLIS,
Clerk of the Executive Council.