204
THE NEW ZEALAND GAZETTE.
No. 5

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 Commissioner 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 Receiver
of Land Revenue for the time being of the Land District of
Wellington, on behalf of the lessor, and the receipt of such
Receiver shall be a good discharge to the lessee.

(2.) Any power which may be exercisable under these presents by or on behalf of the lessor may from time to time be
exercised by the Commissioner, or by any person whom he
from time to time appoints for that purpose.

(3.) Service on the lessee of any notice under this lease
may be effected either personally or by posting the same in a
registered letter addressed to him either at his last known
place of business or abode in the colony or at the demised
land.

(4.) The lessee, faithfully observing and performing all the
covenants, conditions, and agreements on his part herein
contained or implied, shall, on the expiration by effluxion of
time of the term hereby granted, have the right to a renewal
of the lease or to valuation for all substantial improvements
of a permanent character made or owned by him and then
existing on the demised land: Provided that such right shall
exist only to the extent and subject to the conditions following, that is to say,—

(1.) Not sooner than nine nor later than six months
before the expiration of the said term by effluxion
of time two separate valuations shall be made in
manner prescribed (mutatis mutandis) by sections
79 and 80 of “The Land Act, 1892,” of

(a.) All such improvements as aforesaid; and of
(b.) The annual ground-rent of the land (exclusive of such improvements as aforesaid) for a
fresh term of twenty-one years.

(2.) After the making and publishing of the aforesaid
valuations, which shall be effected by serving a
copy thereof on the lessee and another copy on
the Commissioner, but not later than one month
before the date of such expiration as aforesaid,
the lessee shall, by notice in writing served on the
Commissioner, elect whether he will accept a new
lease of the demised land (including the aforesaid
improvements) for a fresh term of twenty-one
years, computed from the date of such expiration
as aforesaid, at the annual ground-rent ascertained
by valuation as aforesaid, and subject in all other
respects to the same covenants and conditions as
those of this present lease.

(3.) If for any reason the lessee does not duly elect in
manner aforesaid to accept such new lease, or if,
having duly elected, he for any reason does not
execute such new lease when requested by the
Commissioner so to do, his right to a new
lease shall be and be deemed to be abandoned,
and the land shall be disposed of by lease at such
time, in such manner, and subject to such conditions, not inconsistent with the said Act and the
regulations for the time being in force thereunder,
as the Commissioner thinks fit: Provided that it
shall be one of the conditions of the new lease
that the new lessee pays to the Commissioner the
amount at which the improvements (if then existing) have been valued as aforesaid, or such less
amount as the Commissioner thinks just, having
regard to the extent to which such improvements
have deteriorated since the date of the original
valuation; and all moneys actually received by
the Commissioner in respect of such valuation
shall be paid over to the lessee under this present
lease as soon as the Commissioner is satisfied
that the new lessee has been admitted into full
and quiet possession of the premises: Provided,
further, that in no case shall the lessee have any
claim against the Crown or the Commissioner in
respect of any such improvements, or of the value
thereof, save to the extent of the moneys which
are actually received as aforesaid from the new
lessee, and available for payment, and which the

lessee under this present lease becomes actually
entitled to.

In witness whereof these presents have been executed by
or on behalf of the parties hereto, the day and year first
above written.

Signed on behalf of His Majesty the
King, by A.B., the Commissioner, pursuant to the power in this behalf conferred upon him by “The Native
Townships Act, 1895,” in the presence
of—

Signed by the said
, in the presence of—

JOHN STRAUCHON,
Commissioner of Crown Lands.

Lands in Kapiti Island for Lease by Public Auction.

District Lands and Survey Office,
Wellington, 19th January, 1903.

NOTICE is hereby given that the lease for grazing purposes of the undermentioned Crown lands in Kapiti Island will be offered by public auction at the District Lands and Survey Office, Wellington, on Saturday, the 28th day of February, 1903, at 12 o’clock noon.

SCHEDULE.

WELLINGTON LAND DISTRICT—KAPITI ISLAND.

The lands scheduled above are Crown lands in Kapiti Island, which is situated on the west coast of the North Island, about four miles due west from the mouth of the Waikanae River. They are partly bush-clad, partly covered with scrub, and partly cleared. The clear land consists generally of rough broken country sloping towards the eastern coast, covered with a thick growth of native grasses, intermixed with rye, cockshoot, white clover, and becoming overgrown with tawhino scrub. Improvements to the value of £188 exist on the land, and are included in the rental. They comprise the following: Fencing, £97; four-roomed dwelling-house, about twenty years old, £60; wool-shed, £12; sheep-yards and dip, £19.

CONDITIONS OF LEASE.

1. A deposit of one half-year’s rent and £1 1s. lease fee shall be made on the fall of the hammer, and the rental thereafter shall be payable half-yearly in advance on the 1st days of March and September in each year.

2. Possession will be given on the 1st March, 1903, the present occupier being granted till the 14th March, 1903, to remove any straggling sheep off the lands.

3. The license will comprise about 3,400 acres of Crown lands in Kapiti Island, offered for lease under the provisions of “The Public Reserves Act, 1881,” and the licensee shall have the right to use these lands for grazing purposes only, but shall have no right to the soil, or timber, or minerals.

4. Unless specially authorised otherwise in writing by the Commissioner of Crown Lands, the licensee shall not cut, burn, remove, or destroy any timber, bush, scrub, or other vegetation, and shall not destroy or disturb any of the native birds or animals existing on the land comprised in the license; and he shall do nothing in contravention of the purposes of “The Kapiti Island Public Reserve Act, 1897.”

5. The licensee shall also prevent all persons from trespassing on the Crown lands of the aforesaid island, and shall prevent their cutting, removing, burning, or destroying any timber or other vegetation, and shall prevent their removing, disturbing, shooting, or destroying any of the native birds or animals thereon. Any person, including the licensee, who without right or title shall fell, remove, &c., any of the timber, or who shall unlawfully trespass on aforesaid lands, shall be liable to a penalty not exceeding fifty pounds, recoverable in a summary way as provided by section 26, (2), of “The Public Reserves Act, 1881.” For the purposes of the last-named section of the Act, the licensee will be appointed by the Commissioner of Crown Lands as a person on whose information trespassers may be convicted.

6. The licensee shall destroy all goats, wild cats, pigs, and rabbits on the lands comprised in license within a period of two years from the date thereof, and shall prevent their natural increase and spread after the date of license.

7. The license shall be subject to the condition that all Government officers and their employees, provided they produce a permit to do so, signed by the Commissioner of Crown