Land Lease Conditions




JULY 21.] THE NEW ZEALAND GAZETTE. 1787

bidding at the auction for any lot, the lot in dispute shall be
put up again at the last preceding bidding.

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, or that proportion which shall
represent the rent up to the 1st January, 1905. The second
half-year’s rent shall become payable on the 1st January,
1905, and thenceforth the rent shall be paid half-yearly in
advance.

As soon as may be after the highest bidder is ascertained
a lease will be prepared, for which there will be a charge of
£1, to be paid by the lessee. Such lease will be for the term
of twenty-one years, commencing from the 1st July, 1904,
and the lessee shall execute the same in triplicate at the
office of the Council whenever requested so to do.

The lease will, in the case of rural and suburban sections
and small grazing-runs, provide for a renewal for a period of
twenty-one years, at a rent to be fixed by valuation or by
arbitration; and it will 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 at the end of the initial or of the final term.

In the case of township sections, the lease will provide for
four renewals for periods of twenty-one years each, at a
rent to be fixed by valuation or by arbitration, and it will
also provide for the payment by the incoming tenant for im-
provements made by the outgoing tenant, the value of such
improvements to be ascertained by arbitration, at the end of
an initial, intermediate, or final term.

Should the highest bidder 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 to
enforce the letting or to relet the premises, at such time and
place and in such manner as it thinks fit.

Every lease will be prepared by the Council, and, as regards
township sections, will 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 Zea-
land (who, with his executors, administrators, and permitted
assigns, is hereinafter referred to and included in the expres-
sion “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 whatso-
ever, 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 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 condition
(reasonable wear-and-tear and damage by fire, storm, earth-
quake, 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 in-
trusted 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 manu-
facture 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 of 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 pre-
mises 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 receive the same, and the receipt of the President or such
person so appointed shall be a good discharge 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 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

(b.) The annual ground-rent of the land (exclu-
sive 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 improve-
ments) for a fresh term of twenty-one years com-
puted from the date of such expiration as afore-
said, 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-
D



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1904, No 61





✨ LLM interpretation of page content

🪶 Maori Land Administration Notice for Lease by Public Auction (continued from previous page)

🪶 Māori Affairs
6 June 1904
Land lease, Public auction, Lease conditions, Renewal terms, Improvements compensation, Arbitration, Township sections, Rural sections, Maori Lands Administration Act 1900