Land Lease Agreement




MAY 26.] THE NEW ZEALAND GAZETTE. 1407

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 allot-
ment 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 1st day of , one thousand
nine hundred and ; yielding and paying therefor the
annual rent of , payable half-yearly in advance on
the 1st day of January and the 1st 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 1st day of thereafter.

And the lessee hereby covenants with the lessor as fol-
lows, 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 suffi-
ciently 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 condi-
tion (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 or 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 lessor, or any person on his
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 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 Maniapoto-Tuwharetoa District Maori Land Council,
or 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 receive the same, and the receipt of the
President or such person so appointed shall be a good dis-
charge to the lessee.

(2.) Any power which may be exercisable under these pre-
sents by or on behalf of the lessor may from time to time be
exercised 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 original and every renewed term, have a recurrent
right of 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 any 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
(b.) The annual ground-rent of the land (ex-
clusive 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 lessor, but not later than one month before
the date of such expiration as aforesaid, the
lessee shall, by notice in writing served on the
lessor, elect whether he will accept a new lease
of the demised land (including the aforesaid im-
provements) 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
lessor 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 incon-
sistent with the said Act and its amendments, and
the regulations for the time being in force there-
under, as the lessor thinks fit : Provided that it
shall be one of the conditions of the new lease
that the new lessee pays to the lessor the amount
at which the improvements (if then existing) have
been valued as aforesaid, or such less amount as
the lessor thinks just, having regard to the extent
to which such improvements have deteriorated
since the date of the said valuation ; and all
moneys actually received by the lessor in respect
of such valuation shall be paid over to the lessee
under this present lease as soon as the lessor 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
under this present lease have any claim against
the lessor 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.

(4.) When no valid bid or tender is received for any
allotment heretofore or hereafter advertised for
disposal under the provisions of the said Act, such
allotment may at any time within six months
from the date of the auction, or opening of tenders,
be taken up, subject to all the other provisions of
the said Act and these regulations, at the upset
price or rental.

GEO. T. WILKINSON,
President, Maniapoto-Tuwharetoa District Maori
Land Council.



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1904, No 44





✨ LLM interpretation of page content

🗺️ Terms and Conditions for Lease of Native Township Allotments (continued from previous page)

🗺️ Lands, Settlement & Survey
Lease terms, 21-year lease, Rent payment, Lease renewal, Improvements valuation, Distress for arrears, Re-entry clause, Sanitary regulations, Land Act 1892
  • GEO. T. WILKINSON, President, Maniapoto-Tuwharetoa District Maori Land Council

🗺️ Lease Terms for Maniapoto-Tuwharetoa District Maori Land Allotment

🗺️ Lands, Settlement & Survey
lease agreement, land allotment, rent, covenants, Maniapoto-Tuwharetoa, Maori Land Council, improvements valuation
  • GEO. T. WILKINSON, President, Maniapoto-Tuwharetoa District Maori Land Council