618
THE NEW ZEALAND GAZETTE.
[No. 15

6. All or any streets shown on the deposited plan may be vested by the Council in His Majesty for an estate in fee-simple in possession, free from encumbrances, and shall thereafter be roads within the meaning of “The Public Works Act, 1894.” All or any reserves (other than reserves for the use and occupation of beneficial owners) shown on the said plan may be similarly vested in His Majesty for the purposes specified on the plan, and shall thereafter be dealt with as reserves under “The Public Reserves Act, 1881.”

7. All deeds and instruments of assurance necessary to give effect to the last two preceding sections or to any of the provisions of the said Act shall be executed under the seal of the Council by the President (or his deputy) and any two or more members of the Council, one at least of whom shall be a Maori.

8. No member of the Council beneficially interested in any question under consideration shall exercise his vote in relation thereto.

9. All dealings with allotments other than reserves, unless otherwise authorised by the Governor in Council, shall be for a term not exceeding twenty-one years, at the best rent obtainable, and to that end every lease shall be offered either by public auction or public tender, as the Council thinks fit.

10. Allotments to be leased in any Native township shall be advertised for lease in the same manner, as nearly as possible, as Crown lands, subject to the following conditions:—

(1.) The respective lots shall be offered by auction or tender (as the Council thinks fit).

(2.) The bidder or tenderer (as the case may be) of the highest rent shall be declared to be the lessee, and, if any dispute arises as to the last or highest bidding at any auction for any lot, the lot in dispute shall be put up again at the last preceding bidding.

(3.) In the case of auction, the highest bidder for any lot shall, upon the fall of the hammer, pay to the auctioneer the first half-year’s rent in advance by way of deposit, which shall represent the half-year’s rent as from the 1st January or 1st July then next ensuing, and shall cover the period between date of sale and such 1st January or 1st July.

(4.) The second half-year’s rent shall become payable on the 1st January or 1st July following, as the case may be, and thenceforth the rent shall be paid half-yearly in advance.

(5.) In the case of tender, each tender shall be accompanied by the aforesaid deposit in cash or by marked cheque, otherwise the tender shall be void.

(6.) As soon as may be after the highest bidder or tenderer, as the case may be, is ascertained a lease will be prepared, for which there will be a charge of £1, to be paid by the lessee. Such lease shall be for the term of twenty-one years, commencing from the 1st day of January or July, as the case may be, then first next ensuing, and the lessee shall execute the same in triplicate at the office of the Council whenever requested so to do.

(7.) The lease may provide for renewals from time to time for a period not exceeding twenty-one years at a rent to be fixed by valuation or by arbitration, and it may also provide for the payment by the incoming tenant for improvements made by the outgoing tenant, the value of such improvements to be ascertained by arbitration.

(8.) In cases where any of the allotments are subject to the payment of the value of improvements, by the provisions of an expiring lease or otherwise, the respective amounts thereof shall be specified in the conditions, and such value shall be paid at the same time and in the same manner as the deposit heretofore mentioned.

(9.) Should the highest bidder or tenderer, as the case may be, neglect or fail to comply with any of the conditions, his deposit-money shall thereupon be forfeited to the Council, who shall be at full liberty either to enforce the letting or to relet the premises at such time and place and in such manner as it thinks fit.

11. Every lease shall be in the following form, with such modification as the circumstances may require:—

This deed, made the day of , one thousand nine hundred and , under the provisions of “The Maori Lands Administration Act, 1900,” and its amendments, between the District Maori Land Council (hereinafter referred to and included in the expression “the lessor”), of the one part, and , of , in the Colony of New Zealand (who, with his executors, administrators, and permitted assigns, is hereinafter referred to and included in the expression “the lessee”), of the other part, 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 hereby demises and leases unto the lessee all that piece of land, containing by admeasurement acres roods perches, a little more or less, situate in the Native Township of , and being allotment numbered , Block , on the plan of that township, as the same is more particularly delineated and described in the plan drawn hereon, and therein coloured red in outline; together with all ways, rights, easements, and appurtenances to the same belonging: To hold the demised premises unto the lessee for the term of twenty-one years, commencing on the first day of , one thousand nine hundred and ; yielding and paying therefor the annual rent of , payable half-yearly in advance on the first day of January and the first day of July in each year during the said term, free from all deductions whatsoever, the first half-yearly payment of such rent having been already made, and the next payment to become due and be made on the first day of thereafter.

And the lessee hereby covenants with the lessor as follows, namely:—

(1.) The lessee shall not nor will at any time during the said term assign, underlet, or part with the possession of the demised premises, or any part thereof, without the previous consent in writing of the lessor.

(2.) The lessee will from time to time during the said term pay unto the lessor the said rent on the days and in manner aforesaid, and also will from time to time pay and discharge all rates, taxes, charges, and assessments whatsoever now or hereafter to become payable upon or in respect of the demised premises, or any part thereof.

(3.) The lessee will, during the said term, well and sufficiently repair, maintain, and keep the demised premises and all buildings, fences, and erections from time to time built or erected thereon in good and substantial repair and condition (reasonable wear-and tear and damage by fire, storm, earthquake, or tempest only excepted). In the erection of any buildings from time to time the lessee will abide by and conform to the alignment of streets and roads, and also to all the by-laws and regulations from time to time in force, or made or passed by the local authority for the time being intrusted with the administration of the local affairs of the said township, by whatever name or designation such local authority may for the time being be called, but hereinafter referred to as “the local authority.”

(4.) The lessee will from time to time construct, maintain, and keep all such privies, ashpits, and other works of a similar character as may be ordered or directed by the local authority; and, in cutting and laying of drains and channels for the conveyance of water or waste material or refuse of any kind, and in maintaining and providing for the sanitary state and condition of the demised premises, will at all times act in accordance with the direction of the local authority or the requirements of any laws, by-laws, rules, or regulations for the time being in force providing for the sanitary state and condition of the said township.

(5.) The lessee will not at any time during the said term, without the previous consent in writing of the local authority, carry on or permit to be carried on upon the said demised premises or any part thereof the trade or business of a soap-boiler, tallow-chandler, tanner, slaughterman, meat curer or preserver, or any noisy, noxious, or offensive trade or manufacture of any kind whatever.

(6.) The lessee will permit the lessors, or any person on their behalf duly authorised as hereinafter provided, from time to time to enter upon the demised premises at all reasonable times to view the state and condition thereof, and upon notice of any defect or want of repair being given to the lessee, or left for him on the premises, the lessee will, within one month thereafter, make good any such defect or want of repair.

Provided always that whenever the rent hereby reserved, or any part thereof, is in arrear for twenty-one days the same may be levied by distress without any previous demand of payment or notice of any kind: Provided further that, if the lessee makes default for thirty days in the full and punctual payment of any of the said rent, or if he makes default in the faithful performance or observance of any other covenant or condition on his part herein contained or implied, or if the lessor is satisfied that the land comprised in this lease is being held unused and to the hindrance of the trade and progress of the said township, then and in any such case, and without any notice or demand whatsoever, it shall be lawful for the lessor to re-enter upon the demised premises and thereby determine this lease, and that without releasing the lessee from any liability in respect of any rent due or of any preceding breach of covenant.

And it is hereby declared and agreed as follows, that is to say:—

(1.) The rent hereby reserved may be paid to the President of the District Maori Land Council, or to any officer who may be authorised by a notice under the hand and seal of the lessor, and duly published in the New Zealand Gazette, to