Legal Form for Lease




2248
THE NEW ZEALAND GAZETTE.
[No. 100

SEVENTH SCHEDULE.
(New Zealand.)

LEASE in Perpetuity of Land as a Workman’s Home under “The Land Act, 1892,” and “The Land for Settlements Consolidation Act, 1900.”

THIS DEED, made the __ day of __, one thousand __, between His Majesty the King (who, with his heirs and successors, is hereinafter referred to as “the lessor”) of the one part, and [Full name], of [Residence], in the Colony of New Zealand [Occupation] (who, with his executors, administrators, and permitted assigns, is hereinafter referred to as “the lessee”), of the other part:

Whereas the allotment of land described in the First Schedule hereto has been acquired by the lessor under “The Land for Settlements Consolidation Act, 1900” (hereinafter called “the said Act”): And whereas, pursuant to the provisions of the said Act and the regulations in that behalf made thereunder and under “The Land Act, 1892” (hereinafter called “the said regulations”), the lessee duly applied for a lease in perpetuity of the said allotment as a workman’s home, and on the __ day of __, one thousand __, his application was duly granted by the Land Board of the land district wherein the said allotment is situate (hereinafter called “the Land Board”): And whereas there are now situate on the said allotment the buildings specified in the Second Schedule hereto, the value whereof has been duly ascertained to be the sum therein mentioned: And whereas, pursuant to the provisions of the said Act and the said regulations, the said sum, together with interest thereon at the rate of five per centum per annum, computed from the first day of __, one thousand __, is payable by the lessee by the respective instalments and on the respective dates mentioned in the said Second Schedule hereto: And whereas the capital value of the said allotment, apart from the said buildings, is __:

Now this deed 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 doth hereby demise and lease unto the lessee all that piece of land containing by admeasurement __ acres __ roods __ perches, a little more or less, situated in the Land District of __ aforesaid, and being section numbered __, Block __, Survey District of __, as the same is more particularly described in the First Schedule hereto, and delineated in the plan drawn thereon, it being therein coloured red in outline; together with the rights, easements, and appurtenances to the same belonging: To hold the said several premises intended to be hereby demised unto the lessee for the term of nine hundred and ninety-nine years, to be reckoned from the first day of __, one thousand __, and including, in addition, the broken period between the date of this lease and such day. Yielding and paying therefor during the said term unto the Receiver of Land Revenue for the said Land District of __, free from all deductions whatsoever, the clear annual rent of __, computed from the said first day of __, one thousand __, and payable in manner following, that is to say,—

(a.) By a payment of __ before the execution of these presents, such payment (which has been duly made) being in respect of rent in advance for the first half-year, computed as aforesaid; and also

(b.) By the payment thereafter of __ half-yearly in advance on the first day of January and first day of July in each and every year during the said term, the first of such payments to become due and to be made on the first day of __, one thousand __.

And also paying, in respect of the value of the buildings specified in the Second Schedule hereto, unto the aforesaid Receiver the respective instalments specified in that Schedule at the dates therein respectively mentioned in that behalf.

And the lessee doth hereby covenant with the lessor as follows, that is to say,—

  1. Subject to the provisions of the said regulations the lessee will reside on the demised land from the date of this lease continuously.

  2. The lessee will put on the demised land substantial improvements of a permanent character to the satisfaction of the Commissioner of Crown Lands for the land district wherein the demised land is situate (hereinafter called “the Commissioner”), as under:—

(a.) Within one year from the date of this lease, a substantial dwelling-house to the value of at least £30;

(b.) Within two years from the date of this lease, a sufficient fence, within the meaning of “The Fencing Act, 1895,” round the land, with gates complete;

(c.) Within three years from the date of this lease, at least one-fourth of an acre of the demised land shall be fenced off, and be under proper cultivation as a garden or orchard:

Provided that for the purpose of determining whether the lessee has duly performed this covenant (but for no other purpose) there shall be included the value of all improvements of the prescribed nature existing on the demised land at the date of this lease (which improvements will be deemed to be improvements required by this covenant), and also all capital sums paid by the lessee in respect of the value of the buildings specified in the Second Schedule hereto, 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 so included as aforesaid.

  1. The lessee will not at any time during the said term have more than one dwellinghouse on the demised land; nor will he at any time during the said term, by sale, under-lease, mortgage, or other disposition, in any way transfer the possession or occupation of less than the whole of the demised land, nor of the whole of it except with the consent of the Minister of Lands and the Land Board.

  2. The lessee will once a year throughout the said term, and at the proper season of the year, properly cut and trim all live fences now on the demised land, or which may be planted thereon during the said term, and stub all gorse not growing as fences, and also stub all broom, sweetbriar, and other noxious plants.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1901, No 100





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🗺️ Application Form for Workman's Home Lease (continued from previous page)

🗺️ Lands, Settlement & Survey
Workman's Home, Lease in Perpetuity, Land Act 1892, Land for Settlements Consolidation Act 1900, Legal Deed, Land Board, Crown Lands