Maori Land Administration Forms and Orders




Jan. 7.] THE NEW ZEALAND GAZETTE. 9

If any person other than the outgoing tenant be the successful tenderer, he shall within seven days after the day fixed for the opening of the tenders pay over to the Council (or to the outgoing tenant) upon his letting the new tenant into quiet possession of the land to be leased, the amount of the value of such improvements: Provided always, and it is hereby expressly agreed and declared, that the lessee or any person or persons claiming under him shall have no claim for compensation for or on account of any improvement against the Council [against the lessor], nor shall the Council [the lessor] be bound or liable to pay the value of any such improvements or any part thereof to the lessee or any person or persons claiming under him.]

And it is declared that all the expressions hereinbefore contained, as modified herein, shall have the meaning given them by “The Land Transfer Act, 1885.” And it is declared and agreed that all the provisions of “The Maori Lands Administration Act, 1900,” which are applicable to leases granted under that Act shall be incorporated herein; and that all powers, covenants, and provisions of “The Land Transfer Act, 1885,” which apply to or are implied or incorporated in leases of land under that Act shall apply to and be implied or incorporated in this lease, save as to any express modifications thereof made herein. And it is agreed and declared between and by the parties hereto that for the purposes of this lease the term “cultivation,” where used, shall include drainage, the felling of bush, or the clearing of land for cropping, or clearing and ploughing for and laying down with artificial grasses; and the terms “improvements,” “substantial improvements,” and “substantial improvements of a permanent character,” where so used, mean and include reclamation from swamps, clearing of bush, gorse, broom, sweetbriar, or scrub, cultivation, planting with trees or live hedges, the laying-out and cultivating of gardens, fencing, draining, making roads, sinking wells or water-tanks, constructing water-races, sheep-dips, making embankments or protective works of any kind, in any way improving the character and fertility of the soil, or the erection of any building; and this lease shall be read and construed accordingly: Provided always that, if the rent hereby reserved shall be in arrear and unpaid for the space of sixty days next after any of the days herein appointed for payment thereof, although no formal demand shall have been made for payment thereof, or in case the lessee shall commit a breach of or infringe or fail to perform or observe any or either of the covenants, conditions, or agreements herein contained or implied, and on behalf of the lessee to be performed or observed, and the same shall continue for the period of sixty days, then and in any such case it shall be lawful for the lessor into and upon the demised premises or any part thereof in the name of the whole to re-enter, and the same to have again, repossess, and enjoy; but such re-entry shall not prejudice the right of the lessor to recover any rent then due or payable, or any right of distress, action, or suit that may have arisen under these presents or by law prior to such re-entry.

And the lessee hereby accepts this lease to be held by the lessee as tenant subject to the covenants, conditions, and restrictions above set forth, expressed, or implied: Provided always that no covenants shall be implied herein as against the lessor, save that the lessor has not done or executed or been privy to any act or deed by means whereof the land hereby demised may have been charged or encumbered in any way whatever.

Dated this day of , one thousand nine hundred and .

The seal of the District Maori Land Council was affixed hereto and this lease executed by the President and two members of the said Council in the presence of

Signed by the above-named , the , in the presence of A. B. (the lessee).

[NOTE.—If the lessee shall be bound to any special covenant, condition, or provision by the advertisement and tender, such special covenant, condition, and provision shall be inserted in the lease.]

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Form N.

DECLARATION BY AN APPRAISER BEFORE ENTERING INTO CONSIDERATION OF ANY MATTER REFERRED TO HIM.

I, A. B., do declare that I have no interest, either directly or indirectly, in the matter of [Here state], and that I will faithfully and honestly, and to the best of my skill and ability, make the appraisal and valuation required under the provisions of “The Maori Lands Administration Act, 1900.”

And I make this declaration conscientiously believing the same to be true, and by virtue of an Act of the General Assembly of New Zealand intituled “The Justices of the Peace Act, 1882.”

B

Form O.

CONSENT OF COUNCIL, TO BE INDORSED ON A LEASE.

“The Maori Lands Administration Act, 1900.”

Upon investigation and inquiry into the terms and conditions of the within-written lease, and being satisfied therewith, the consent of the District Maori Land Council is hereby given to the said lease.

Given under the seal of the Council, at , this day of , 19 .

———

Form P.

LICENSE TO ACQUIRE MAORI LAND.

“The Maori Lands Administration Act, 1900.”

The District Maori Land Council, having received the declaration of , of , deposited with the Council under the provisions of section 26 of “The Maori Lands Administration Act, 1900,” and being satisfied thereon, does hereby permit the said to acquire, by way of , all that piece or parcel of land [Here insert description].

In witness whereof the common seal of the District Maori Land Council has been hereunto affixed at a meeting of the said Council held at , on day, the day of , 19 .

……………, President.
……………, Members of Council.

———

SCALE OF FEES TO BE CHARGED BY THE COUNCIL.

For preparation and issue of papakainga certificate in triplicate £ s. d.
.. .. .. 1 0 0
For notice of allocation of papakainga .. .. 0 2 6
Affixing seal of Council to any document or deed other than papakainga certificate or notice of allotment .. .. .. 0 10 0
Order incorporating Maori owners under section 30 1 0 0
Filing application under section 20 .. .. 1 0 0
Registration-fee on notice under subsection (7) of section 20 .. .. .. 0 10 0
Order on partition .. .. .. 0 10 0
Order granting succession .. .. .. 0 5 0
Order setting up and electing Papatupu Committee 1 0 0
Order confirming report of papatupu block appeal 1 0 0
Filing claim to papatupu land .. .. .. 0 5 0
Consent to a lease other than one granted by the Council .. .. .. 1 0 0
Fee on issue of license to person to acquire Maori land .. .. .. 0 10 0

J. F. ANDREWS,
Acting-Clerk of the Executive Council.

Defining Names and Boundaries of Districts under “The Maori Lands Administration Act, 1900.”

———

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-sixth day of December, 1900.

Present:

His Excellency the Governor in Council.

WHEREAS, by the fifth section of “The Maori Lands Administration Act, 1900” (hereinafter called “the said Act”), it is enacted that, for the purposes of the said Act, there shall be within the North Island of New Zealand not less than six Maori land districts, the boundaries and names of such districts to be defined by the Governor in Council, the same to be gazetted and published in the Kahiti, and on such publication the said Act shall be in full force in such district so proclaimed:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers and authorities conferred by the said section, and by and with the advice and consent of the Executive Council of the said colony, doth hereby define the boundaries and names of districts as set out in the Schedule hereto accordingly.

———

SCHEDULE.

TOKERAU.

ALL that area in the Colony of New Zealand bounded towards the north-east generally by the sea from North Cape to Tamaki River; thence towards the south-east by the Tamaki River and Otahuhu Creek to Portage Road; thence towards the south by the said Portage Road to Manukau Harbour; thence by the said Manukau Harbour to the sea; thence towards the south-west generally by the sea to Cape Maria Van Diemen; and towards the north by the sea to North Cape, the place of commencement: including Great Barrier Island and the islands adjacent to the coast-line between Whangarei Harbour and North Cape.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1901, No 1





✨ LLM interpretation of page content

🪶 Lease Agreement Terms under Maori Land Administration Act (continued from previous page)

🪶 Māori Affairs
Lease terms, Improvements, Cultivation, Re-entry clause, Land Transfer Act, Maori Lands Administration Act

🪶 Form N: Appraiser Declaration for Maori Land Matters

🪶 Māori Affairs
Appraiser, Declaration, Impartiality, Valuation, Maori Lands Administration Act
  • A. B. , Declared no interest in land matter

🪶 Form O: Council Consent to Lease

🪶 Māori Affairs
Lease approval, Council consent, Maori Land Council, Lease endorsement

🪶 Form P: License to Acquire Maori Land

🪶 Māori Affairs
Land acquisition, License, Maori Land Council, Section 26 declaration
  • , Permitted to acquire Maori land

🪶 Scale of Fees for Maori Land Council Services

🪶 Māori Affairs
Fees, Papakainga certificate, Lease consent, License fee, Council charges
  • J. F. Andrews, Acting-Clerk of the Executive Council

🪶 Order in Council Defining Maori Land Districts

🪶 Māori Affairs
26 December 1900
Maori land districts, Boundary definition, Governor in Council, Tokerau district, Schedule
  • Ranfurly, Governor

🪶 Schedule: Boundaries of Tokerau Maori Land District

🪶 Māori Affairs
Tokerau, District boundaries, North Island, Coastal boundaries, Great Barrier Island