2234
THE NEW ZEALAND GAZETTE.
No. 100

tions; but if the applicants cannot agree to such an adjustment, then a ballot
shall be taken by the Board.

9. No person shall be capable of applying for or holding any allotment in
   any of the following cases, that is to say:—

(1.) If at the date of his application he is directly or indirectly, either by
himself or jointly with any other person or persons, the owner,
tenant, or occupier of any land whatsoever under “The Land for
Settlements Consolidation Act, 1900,” or any former Land for
Settlements Act, or the owner in fee-simple, or the tenant or
occupier under a lease for a term whereof not less than two years
are unexpired, of any other land in the colony which, with the
allotment applied for, would exceed in area 1,000 acres; or

(2.) If at such date he is the owner of real or personal property the total
value whereof, after deducting the encumbrances thereon, exceeds
the following proportion of the capital value (exclusive of buildings)
of the allotment applied for, that is to say:—

(a.) Three times such capital value where the area of such allot-
ment does not exceed 100 acres;

(b.) Twice such capital value where such area exceeds 100 and
does not exceed 500 acres;

(c.) One and a half times such value when such area exceeds 500
acres.

10. (1.) In the event of there being more approved applicants for any group
    or subdivision than there are allotments available, the Land Board shall, by
    ballot, reduce the number of such applicants to the number of allotments
    available. A second ballot shall then be taken in each such group or sub-
    division as follows: The name of each candidate shall be placed separately in
    one box, and the number of each allotment shall be placed separately in
    another box, and lot shall be drawn from both boxes simultaneously; and the
    allotment whose number is so drawn shall go to the applicant whose name is
    simultaneously drawn, and he shall be deemed to be the successful applicant
    for that allotment.

(2.) For the purpose of deciding who are approved applicants, preference
shall be given by the Land Board to the applications from those who are
landless.

11. Every applicant who obtains an allotment under these regulations shall,
    from the date of the lease, reside continuously thereon.

12. It shall not be lawful for a lessee under this Act to transfer the land
    comprised in the lease within the period of five years from the date of such
    lease: Provided that, on the death of a lessee or on the happening of any
    extraordinary event which in the opinion of the Land Board of the district in
    which the land is situated renders a transfer necessary or expedient, a transfer
    of the lease may, with the sanction of the Land Board and the Minister of
    Lands, be made.

13. The lessee shall put on the land comprised in his lease substantial im-
    provements as under, that is to say:—

(1.) Within one year from the date of his lease, to a value equal to 2½ per
cent. of the aforesaid capital value of the land;

(2.) Within two years from the date of his lease, to a value equal to
another 2½ per cent. of the aforesaid capital value of the land;

(3.) And thereafter, but within six years from the date of the lease, to a
value equal to another 2½ per cent. of the aforesaid capital value of
the land;

and in addition thereto he shall, within six years from the date of his lease, put
on the land substantial improvements of a permanent character within the
meaning of section 3 of “The Land Act, 1892,” to the value of £1 for every acre
of agricultural land (first class), and 10s. for every acre of mixed agricultural
and pastoral land (second class). For the purposes of this clause the Land
Board shall determine and specify in the lease what proportion of the land com-
prised therein is agricultural and what proportion is mixed agricultural and
pastoral land.

14. For the purpose of determining whether the lessee has put upon the land
    substantial improvements to the value and within the time prescribed by these
    regulations (but for no other purpose), there shall be included the value of all
    substantial improvements existing on the land at the date of the lease, which
    improvements shall be deemed to be improvements required by the previous
    regulation 14, and also all capital sums paid by the lessee in respect of the
    value of buildings under clause 25 of these regulations, nevertheless to the
    extent only of the actual value of such of the said improvements and buildings
    as are subsisting at the time when their value is included as aforesaid.

15. “Substantial improvements of a permanent character” mean and include
    reclamation from swamps, clearing of forest, gorse, broom, sweetbriar, or scrub,
    cultivation, planting, gardens, fencing, draining, making roads, sinking wells or
    water-tanks, constructing water-races, sheep-dips, making embankments or
    protective works of any kind, or in any way improving the character or fertility
    of the soil, and include the erection of any non-movable building.

16. The lessee shall, within two years from the date of his lease, have the
    land fenced with a ring-fence; and such fence shall be a sufficient fence within
    the meaning of “The Fencing Act, 1895.”

17. 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, sweetbriar, and other noxious
    plants.

18. The lessee shall not take more than three crops, one of which must be
    a root-crop, from the same land in succession; and either with or immediately
    after a third crop of any kind he shall sow the land down with good permanent
    cultivated grasses and clovers, and allow the land to remain as pasture for at
    least three years from the harvesting of the last crop before being again cropped.

19. The lessee shall at all times during the term of the lease so farm the
    land, if the area of the whole exceeds 20 acres, as that not less than one-half
    of the total area shall be maintained in permanent pasture.