✨ Lease Conditions
Nov. 21.] THE NEW ZEALAND GAZETTE. 2249
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The lessee will, whenever necessary, but not less than once a year during the said term, properly clean and clear from weeds, and will at all times during the said term, keep open, all creeks, drains, ditches, and watercourses upon the demised land; and the Commissioner or any Crown Lands Ranger of the district wherein the demised land is situate shall have the power at any time to enter upon and make through the demised land any drain that he deems necessary, without payment of any compensation to the lessee.
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In the event of the lessee at any time failing to faithfully perform any of the foregoing covenants relating to the trimming of live fences, and stubbing gorse, broom, and sweetbriar, or other noxious weeds, or 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.
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The lessee will pay all rates, taxes, and assessments levied on or payable in respect of the demised land during the said term.
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The lessee will at all times during the said term keep in good repair and condition, to the satisfaction of the Commissioner, all buildings and erections for the time being standing on the demised land, and will not destroy, pull down, or remove them, or any part thereof, without the previous permission of the Commissioner in writing.
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The lessee will not open up any mine on the demised land without the previous permission of the Commissioner in writing.
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The lessee will not, either directly or indirectly, carry on any offensive trade as defined in “The Land Transfer Act, 1885,” upon the demised land.
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The lessee will fully and punctually pay the rent hereinbefore reserved at the times and in the manner hereinbefore named in that behalf.
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With reference to the buildings which have been valued separately as aforesaid, and the instalments in respect of the value thereof, as specified in the Second Schedule hereto, the following special provisions shall apply, that is to say:—
(1.) The lessee shall fully and punctually pay the said instalments at the times and in manner mentioned in that behalf in the Second Schedule hereto: Provided that he may at any time pay the whole or any less number of the then future instalments under a duly proportionate rebate of interest.
(2.) So long as any such instalment remains unpaid the lessee shall, at his own cost in all things, insure the said buildings, and keep them insured in the name of the lessor in an amount equal to the full insurable value thereof, in some reputable insurance office, to be first approved by the Commissioner.
(3.) The lessee shall deposit with the Commissioner the policy of such insurance forthwith upon effecting the same, 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.
(4.) If the lessee at any time fails or neglects to duly 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.
(5.) Every such instalment 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.
(6.) 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 instalments for the time being remaining unpaid.
(7.) In the event of the buildings so insured, or any of them, being destroyed or damaged by fire, all moneys payable to the lessor 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 due rebate of interest being made in the case of instalments not then due); and any surplus shall be payable to the lessee.
- With reference to any advance at any time made by the lessee under section 50 of “The Land for Settlements Consolidation Act, 1900,” and the regulations relating thereto, the following special provisions shall apply:—
(1.) Such advance, together with interest thereon at the rate of 5 per cent. per annum, computed from the date of the advance, shall be repayable by the lessee to the aforesaid Receiver by equal half-yearly instalments in advance, extending over such period, being not less than five nor more than ten years, as with the approval of the Minister the Land Board thinks fit to prescribe: Provided that the lessee may, at any time during such period, pay the whole or any less number of the then future instalments under a duly proportionate rebate of interest.
(2.) An acknowledgment of such advance shall be indorsed on the lease in the form shown in the Eighth Schedule hereto.
(3.) A certificate under the hand of the Commissioner shall at all times, and from time to time, be conclusive evidence as to the date and amount of the advance, the amounts and due dates of the instalments, and the sums paid and unpaid in respect thereof.
(4.) As long as any such instalment remains unpaid the provisions of subclause (5), and as long as any such instalment in respect of a dwellinghouse remains unpaid the provisions of subclauses (2) to (7), of the last preceding covenant (numbered 12) shall apply.
And it is hereby decreed and declared as follows, that is to say,—
(A.) Subject to the provisions herein contained and implied, and also to those of the said Act and the said regulations, the provisions of “The Land Act, 1892,” and the regulations thereunder with
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Application Form for Workman's Home Lease
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🗺️ Lands, Settlement & SurveyWorkman's Home, Lease in Perpetuity, Land Act 1892, Land for Settlements Consolidation Act 1900, Legal Deed, Land Board, Crown Lands
NZ Gazette 1901, No 100