1756
THE NEW ZEALAND GAZETTE.
[No. 60

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. The lessee shall have the right to three other similar renewals of the lease, upon the same conditions, and a similar right to payment for improvements at the end of the final term: 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.

In witness whereof the seal of the District Maori Land Council has been hereunto affixed, and we have hereunto subscribed our names, the day and year first above written.

, President.
} Members of Council.
, Lessee.

Sealed and signed as aforesaid in the presence of—

The leases of rural and suburban sections and small grazing-runs will be in similar form or to similar effect to those of the township sections, except that the latter part of clause 3 and clauses 4 and 5 (of the form of lease) will be omitted, as not applicable; and the lessee will have the right to one renewal only, and to payment for improvements at the end of the initial or final term.

The following additional conditions will be included in the leases of rural and suburban sections:—

No lessee or person, by himself or by or jointly with any other person on his behalf, shall hold at one time, whether as occupier, lessee, assignee, sub-lessee, or otherwise, more than 2,000 acres, inclusive of not more than 640 acres of first-class land, except in the case of small grazing-runs and pastoral leases; and every lessee shall, prior to entering into possession, sign a declaration to the effect of Form K in the Schedule hereto. Any occupation license, lease, assignment, sub-lease, or other instrument in contravention of this section shall be illegal and void from the commencement:

Provided always that this section shall not apply to any person who acquires an interest in any lease by bankruptcy, or under an intestacy, or by virtue of a will.

The demise shall reserve unto the lessor all mines, metals, minerals, coal, lignite, slate, or freestone in or upon or under the land, with power to work, win, use, possess, sell, and dispose of the same, or any part thereof respectively, except such as may be required by the lessee for the lessee’s own use, but not for sale or disposal; with power also to the lessor to make roads through the demised lands, and for such purposes or any of them to erect or build houses and other convenient buildings thereon, on paying compensation for damage done to the surface only, the amount of such compensation in case of disagreement to be ascertained and determined by arbitration.

No lessee shall transfer the possession or occupation of the land leased to or occupied by him, or any part thereof, by sale, under-lease, or other disposition, except the Council shall sanction the proposed transfer, and until such lessee has been twelve months in possession or occupation of the demised land.

When a statutory declaration is required from any lessee, no transferee, and no purchaser of any lease under any power of sale vested in any mortgagee, assignee, or trustee in bankruptcy, shall be admitted into possession or occupation of the land comprised in such lease until he has deposited with the Council a statutory declaration in the same form or to the same effect.

Every lawful transferee of any lease, or purchaser as aforesaid of any lease, shall have all the rights and privileges, and be subject to the same obligations, as the original lessee: Provided that the transferor shall be liable for the instalment of rent which shall become due next after such transfer.

No transfer of any lease shall be valid unless all the conditions upon which the lease was granted have been complied with as to payment of rent or otherwise up to the date of such transfer.

If any lessee or licensee shall fail to fulfil any of the conditions of his lease within sixty days after the day on which the same ought to be fulfilled, his lease shall be liable to be forfeited, and he shall be deemed, upon such forfeiture, to be in illegal occupation of the land comprised in the lease, and the Council may proceed for recovery of possession thereof without prejudice to the right of the lessor to recover any rent then due or payable, or any right of distress, action, or suit that may have arisen prior to such re-entry.

The foregoing conditions as regards leases shall operate and shall be deemed to bind the Council and the lessee as fully and effectively as if they were set forth in every lease.

Every lessee shall, within twelve months of the commencement of his term, and thereafter for a period of six consecutive years, reside on some portion of the lands leased by him.

This condition shall not apply to any person who has acquired an interest in any lease under an intestacy or by virtue of a will.

The Council may dispense with the necessity of such residence, in the case of bush or swamp lands, during the first four years of the term, and altogether as to all lands if the lessee resides on lands contiguous to the lands leased, or with the concurrence of the Minister for any other sufficient reason. Lands shall be deemed to be contiguous to each other if only separated by a road or stream, or by such interval of space as the Council may in each case determine.

In cases of youths who may become lessees, and who are living within the Maori land district and are residing with their parents or near relatives, the Council may dispense with residence until four years after the commencement of the term.

When any two lessees shall lawfully intermarry, the Council may dispense with residence by either of such lessees on the lands comprised in one of the leases.

Every lessee shall bring into cultivation or clear from scrub and sow with grass-seed—

(a.) Within one year from the date of his lease, not less than one-twentieth of the land leased by him;

(b.) Within two years from the date of his lease, not less than one-tenth of the land leased by him;

(c.) Within four years from the date of his lease, not less than one-fifth of the land leased by him;

and shall, within six years from the date of his lease, in addition to the cultivation or clearing and sowing with grass-seed of one-fifth of the land, have put substantial improvements of a permanent character on the land to the value of 5s. for every acre.

The terms “improvements,” “substantial improvements,” and “substantial improvements of a permanent character” mean and include reclamation from swamps, clearing of bush, gorse, broom, sweetbriar, or scrub, cultivation, planting with trees or live hedges, the laying-out and cultivating of gardens, fencing, draining, making roads, sinking wells or water-tanks, constructing water-races, sheep-dips, making embankments or protective works of any kind, in any way improving the character and fertility of the soil, or the erection of any building.

FORM K.—STATUTORY DECLARATION TO ACCOMPANY APPLICATION FROM PERSON DESIROUS TO BECOME PURCHASER, TRANSFEREE, OR SUB-LESSEE OF A LEASE.

In the matter of “The Maori Lands Administration Act, 1900,” and its amendments; and in the matter of a proposed *sale or lease to , of , of † .

I,† , of , do solemnly and sincerely declare —

1. That I am of the age of seventeen years and upwards.

2. That I am the person or one of the persons jointly applying for the purchase or lease of the above-mentioned land solely for my own use and benefit, or for the exclusive use and benefit of myself and co-purchaser or co-lessee—namely, , and for the purposes of cultivation, and not directly or indirectly for the use or benefit of any other person or persons whomsoever.

3. That, including the land now applied for, but exclusive of leases of Maori land held by me at the date of the passing of “The Maori Lands Administration Act, 1900” (20th October, 1900), I am not the holder or owner, directly or indirectly, either by myself or jointly with any other person, of any land anywhere in the colony exceeding in the whole 2,000 acres of freehold land, inclusive of not more than 640 acres of first-class land.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of an Act of the General Assembly of New Zealand intituled “The Justices of the Peace Act, 1882.”

(Signature.)

Declared at , this day of , 190 , before me, , a Justice of the Peace in and for the Colony of New Zealand.

*Erase any words in italics which are inapplicable.
†Specify name and area of the land, and the conditions of the proposed alienation.
‡Each proposed purchaser or lessee must make this declaration.

Maps and full particulars may be obtained on application at the office of the Waiariki District Maori Land Council Courthouse, Rotorua, and at the District Lands and Survey Office, Auckland.

H. F. EDGER,
President, Waiariki District Maori Land Council.

Office of the Waiariki District Maori Land Council,
Rotorua, 6th June, 1904.