✨ Egmont National Park Leases and By-laws
Oct. 9.] THE NEW ZEALAND GAZETTE. 2233
Class 1—totara, matai, rimu, kawaka or mountain cedar, puriri, maire—not less than 1s.
Class 2—kahikatea (white-pine), tawhero, pukatea, tawa—not less than 6d.
No live timber is allowed to be cut under this license.
The royalty to be paid under this Schedule is subject to the right of the Board to cause any timber to be sold by appraisement or by auction.
Schedule of Fees for winning Stone or Gravel.
Stone or gravel, not less than 3d. per cubic yard.
, Chairman.
THIRD SCHEDULE.
Form of Lease.
New Zealand.
THE Egmont National Park Board, of the Provincial District of Taranaki (hereinafter called “the lessor”), being registered as the proprietor of an estate in fee-simple in possession—subject, however, to such encumbrances, liens, and interests as are notified by memorandum underwritten or indorsed hereon—in all that piece of land situate in the Provincial District of Taranaki, containing by admeasurement , be the same little more or less, being subdivision numbered of the land described in the Schedule to “The Egmont National Park Act, 1900,” a plan of the said subdivision having been deposited as No. in the office of the District Land Registrar at New Plymouth, do hereby lease to (hereinafter called “the lessee”) all the said parcel of land, to be held by him the lessee as tenant for the space of , commencing as from the day of 19 , at the yearly rental of , payable half-yearly in advance on the days of and in each year, subject to the following covenants, conditions, and restrictions:—
- That the lessee shall and will pay to the lessor the said rent on the days and in the manner hereinbefore mentioned.
- That the lessee shall and will pay, and discharge all rates, taxes, and assessments (if any) whatsoever now or hereafter during the said term to become payable for or in respect of the land and premises hereby leased or any part thereof.
- That the lessee will at all times during the said term, at his own cost, well and sufficiently repair, maintain, cleanse, and keep all buildings now or hereafter to be erected on the said piece of land, and all gates, hedges, fences, drains, and ditches on or belonging to the said piece of land, and all wells, privies, drains, and cesspools in, by, and with all manner of needful and proper reparations, cleansings, and amendments whatsoever, and the same so well and sufficiently repaired, maintained, cleansed, and kept will, at the expiration or sooner determination of the said term, peaceably and quietly surrender and yield up unto the lessor.
- That the lessee shall, at his own cost in all things, insure to the full insurable value thereof the said buildings, and keep them insured, in the name of the lessor, in a reputable insurance office, to be first approved of by the lessor; and, in case the buildings and premises erected on, or hereafter to be erected on, the said piece of land shall at any time during the said term be destroyed or damaged by fire, the lessee, at the request of the lessor, shall and will, within six calendar months after such fire, reinstate and repair the buildings so damaged, or, in case of total destruction by fire, erect other buildings in lieu of those so destroyed which shall be of equal value. The full amount of any insurance-risk on the buildings at the time of fire, and which has been paid to the Board, shall be contributed towards the re-erection of such buildings. And in the event of the lessee failing to perform any of the things which he is hereby required to do by reason of the partial or total destruction of any building erected on the said piece of land, then it shall be lawful for, but not obligatory upon, the lessor to re-enter thereupon and determine the tenancy hereby created, or forthwith to call upon the lessee to surrender this lease.
- That the lessee shall not assign, sublet, mortgage, set over, or in any way part with the lease hereby granted, or any part of the leased land, without the consent of the lessor first had and obtained in writing.
- That the lessee shall not erect any buildings on the land hereby leased without first submitting the plan of any proposed building to the Board or its Chairman, and obtaining their or his approval in writing to such plan, and the lessee shall not erect any building for residential or business purposes on the said piece of land of a less value than fifty pounds.
- And it is hereby expressly declared and agreed that, notwithstanding anything contained in “The Land Transfer Act, 1885,” or its amendments, in case the rent hereby reserved or any part thereof shall be in arrear or unpaid for the space of twenty-one days next after any day whereon the same is hereby made payable, or in case default shall be made in the fulfilment, observance, or performance of any of the covenants, conditions, or stipulations herein contained or implied for the space of one calendar month, it shall be lawful for the lessor immediately or at any time thereafter to re-enter upon and take possession of the premises hereby leased, or any part thereof in the name of the whole, and the same to have again, repossess, and enjoy as in its former estate.
And it is hereby agreed and declared that all the covenants on the lessee’s part implied in leases under or by virtue of “The Land Transfer Act, 1885,” and its amendments shall, except in so far as the same are modified by these presents, be herein implied; and also that it shall be lawful for the lessor at any time during the currency of the term hereby granted to re-enter upon or resume possession of the whole or any portion of the land hereby demised for any public purpose by giving to the lessee one calendar month’s notice in writing of the lessor’s intention in that behalf, and upon the expiration of any such notice the said term hereby granted and these presents and every clause and thing therein contained shall cease so far only as relates to the portion resumed, but without releasing the lessee from arrears of rent or preceding breach of covenant, either in relation to the portion so resumed or to the whole of the land hereby demised: Provided that the lessee shall be entitled to receive from the Board such compensation or allowance whatsoever by reason of such re-entry or resumption, or for or in respect of any improvements effected upon the said land, as shall be agreed upon between the lessor and lessee, and, failing such agreement, then such compensation shall be decided in terms of “The Arbitration Act, 1890,” at the time of such entry or resumption.
And it is hereby further agreed and declared that no person or persons other than the members of the lessee’s family and one guest shall be allowed to use or occupy the said piece of land, or any dwelling or dwellings which may be erected thereon (if situated within one mile of any of the Board’s mountain houses or cottages), unless such person or persons shall first pay, in respect of such use or occupation, to the custodian of the mountain house who shall be legally entitled to collect them the same fees as he or they would be required to pay if using or occupying the said mountain house. And no guest, nor any such person or persons as aforesaid, shall use or occupy the said piece of land, nor any dwelling or dwellings that may be thereon erected, at any time other than when the same shall be personally occupied by the lessee or his family; and no lessee shall charge, receive, or take any fees, payment, or other consideration from any guest, or such person or persons as aforesaid, for the use or occupation of the said piece of land, or any dwelling or dwellings that may be thereon erected.
I, , of , do hereby accept this lease of the above-described lands, to be held by me as tenant, and subject to the conditions, restrictions, and covenants above set forth.
Dated this day of , 19 .
, Chairman of the Egmont National Park Board.
, Two members of the Egmont National Park Board.
In pursuance of a resolution passed at a meeting of the members of the Egmont National Park Board, held at , the day of 19 , the common seal of the said Board was affixed to this instrument, and the same was signed by , Chairman of the said Board, and by and , two members of the said Board, in its behalf, in the presence of—
, Lessee.
Signed by the abovenamed , the lessee, in the presence of—
These by-laws of the Egmont National Park were duly made by a resolution passed by the said Board at a meeting of the Board held at New Plymouth the 4th day of September, 1902.
JAMES MACKENZIE,
Chairman of the Egmont National Park Board.
S. PERCY SMITH,
W. A. COLLIS,
Two members of the Egmont National Park Board.
Approved the third day of October, one thousand nine hundred and two.
RANFURLY,
Governor,
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✨ LLM interpretation of page content
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Second Schedule: Fee Schedule for Cutting Dead Timber
(continued from previous page)
🏘️ Provincial & Local GovernmentFees, Royalty, Dead timber, Superficial feet, Egmont National Park
🏘️ Schedule of Fees for Winning Stone or Gravel
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- Chairman of the Egmont National Park Board
- Two members of the Egmont National Park Board
🏘️ By-laws of the Egmont National Park
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By-laws, Egmont National Park, New Plymouth, Board resolution
- James Mackenzie, Chairman of the Egmont National Park Board
- S. Percy Smith, Two members of the Egmont National Park Board
- W. A. Collis, Two members of the Egmont National Park Board
🏛️ Governor's Approval of Egmont National Park By-laws
🏛️ Governance & Central Administration3 October 1902
Approval, By-laws, Egmont National Park, Governor, Official seal
- Ranfurly, Governor
NZ Gazette 1902, No 81