Maori Land Leases




2320
THE NEW ZEALAND GAZETTE.
[No. 79

sheds and other buildings that have been erected there by
the Department, point to it being a most important railway
station and depot in the near future when the railway con-
nection between Auckland and Wellington is complete.
Another cause that is certain to make Taumarunui an im-
portant place is the fact that it is from there that tourists and
others can take steamer and proceed down the Whanganui
River (justly called the Rhine of New Zealand) to Pipiriki
and on to the Town of Wanganui. Now that the railway
has reached Taumarunui, the traffic by steamer on the
river is expected to reach large dimensions, especially
in the summer-time. There are large and valuable totara
bushes in the vicinity of Taumarunui, which are being acquired
by Europeans, and arrangements are in progress for the erec-
tion of sawmills, at which, and in the timber bushes, a large
number of hands will be employed for many years. Every-
thing points to Taumarunui becoming an important and
flourishing township. There are a number of Europeans
already located there, also a considerable Native population.
It possesses a school, public hall, library, and several board-
inghouses. The township extends up the Wanganui River
from the confluence of the Ongarue River with the Wanganui
River to the railway-bridge across the latter, some two miles
higher up the river.


TERMS AND CONDITIONS OF LEASE.

  1. The respective lots shall be offered by public auction
    on the 12th day of October, 1904.

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

  3. 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, 1905. The second half-
    year’s rent shall become payable on the 1st July, 1905, and
    thenceforth the rent shall be paid half-yearly in advance.

  4. 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 shall be for the
    term of twenty-one years, commencing from the 1st January,
    1905, and the lessee shall execute the same in triplicate at
    the office of the Council whenever requested to do so.

  5. 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 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 final
    term.

  6. In cases where any of the allotments are subject to the
    payment of the value of the 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.

  7. 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 either to
    enforce the letting or to relet the premises at such time and
    place and in such manner as it thinks fit, unless some other
    arrangement is assented to, in writing, by the outgoing lessee
    or person interested.

  8. 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 amend-
ments, between the District Maori Land Council,
(hereinafter referred to and included in the expression “the
lessor”) of the one part, and , of , in the
Land District of , in the Colony of New Zealand
(who, with his executors, administrators, and per-
mitted 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 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 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 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



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1904, No 79





✨ LLM interpretation of page content

🪶 Taumarunui Township Sections Offered for Lease by Public Auction (continued from previous page)

🪶 Māori Affairs
1 September 1904
Maori Lands, lease, public auction, Taumarunui, Maniapoto-Tuwharetoa

🪶 Terms and Conditions for Leasing Taumarunui Township Sections

🪶 Māori Affairs
Lease terms, public auction, rent payment, lease renewal, Maori Lands Administration Act 1900