2322
THE NEW ZEALAND GAZETTE.
[No. 79

TERMS AND CONDITIONS.

1. Every tender shall be enclosed in a sealed envelope addressed to the President, and marked on the outside as follows: “Tender for lease of Lot No. , as advertised in the newspaper of the day of , 19 ,” and shall be accompanied by a statutory declaration in the form or to the effect set forth in Form K in the Schedule hereto.

2. If any person desires to tender for more than one lot, a separate tender for each such lot must be made, and separate declarations as required by the last preceding rule. And each such tender must be accompanied by six months’ rent and £3 3s., and stamp duty and registration fee.

3. All tenders shall be opened simultaneously by the Council on a day appointed for the purpose.

Every tender shall be deemed to be informal and incapable of being accepted where the rental tendered is less than the upset rental fixed as aforesaid.

4. The highest tenderer, if his tender shall equal or exceed the upset rental, shall be declared the lessee, and be entitled to possession of the lands so soon as he has duly executed a lease thereof, and has complied with all other conditions lawfully prescribed in that behalf.

5. If the rent offered by two or more persons is the same amount, and is higher than that offered by any other tenderers, then the Council shall, after opening all the tenders, decide by lot, in such manner as it shall think fit, which of such two or more persons shall be declared the lessee.

6. The deposits and fees paid by the unsuccessful tenderers for any lease shall be returned to them by the Council immediately after any tender for such lease has been accepted.

7. When the Council shall declare any person to be the lessee of any block it shall forthwith notify the same to such person by registered letter, addressed to such person at the address given in the tender, and shall in such notice require such person, within thirty days after such notice, to execute the lease in triplicate. If two or more persons jointly tender, the notice shall be posted to each of such persons. Such notice shall be in the Form L in the Regulations under “The Maori Lands Administration Act, 1900,” or to the effect thereof.

8. If any person who has been declared a lessee shall fail to execute his lease within thirty days after being required by notice so to do, then his deposit and the above-mentioned sum of £3 3s. shall be absolutely forfeited to the Council, and the right of such person to obtain such lease shall absolutely cease and determine.

Where any lessee shall forfeit his right to a lease as aforesaid, and as often as such a case shall occur from time to time until the land be leased, or until there be a failure of tenderers whose tenders are formal, the Council may, at any time within seven days of such forfeiture, declare the next highest tenderer for the same lease whose tender is not informal to be the lessee, or, if the rent offered by two or more persons is the same amount, and is higher than the rent offered by any other tenderer save the one who has so forfeited his right to a lease as aforesaid, may decide by lot which of such other persons shall be the lessee. Every person declared a lessee under this section shall, upon his paying the deposit and fees as aforesaid, be declared to have become the lessee on the day of the opening of the tenders as if he had been so declared on such day.

9. If no tender shall be received prior to the time fixed for opening the tenders for any of the leases advertised for sale, any person may at any time thereafter apply for any one of such leases, unless the same shall have been withdrawn from sale by the Council, and be declared the lessee thereof at the upset rental fixed, upon complying with the other conditions prescribed as to tenders. If, in any such case, two or more applicants shall lodge their tenders on the same day, the right to the lease shall be decided by lot.

10. The Council may at any time reduce the upset value of land which it has failed to lease for three months, and may again call for tenders for the same at such reduced value.

11. The lease to be granted in pursuance of any tender may be in the Form M in the Regulations under “The Maori Lands Administration Act, 1900,” or in such other form as the circumstances may require.

12. No tender shall be accepted or lease granted except the same be in accordance with the provisions of “The Maori Lands Administration Act, 1900” (herein referred to as “the said Act”), and its amendments, and the regulations made thereunder.

13. No lease shall comprise 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, nor shall any lessee have any right to acquire the freehold of the demised land.

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. 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.

14. The Council shall have power to offer for lease any lands as small grazing-runs which are suitable only for occupation in larger areas than 2,000 acres, and may classify the land into first- or second-class pastoral country. The area of a first-class small grazing-run shall not exceed 5,000 acres, and the area of a second-class small grazing-run shall not exceed 20,000 acres; and the whole of these regulations, and the forms of tender, declaration, &c., with necessary alterations and amendments, shall, mutatis mutandis, apply.

15. Any person of the age of seventeen years and upwards may become a lessee hereunder, and if under full age shall be as capable of executing a lease, and shall be bound by the terms thereof, and of the said Act, as if such person was of full age.

16. The term fixed by the lease shall be twenty-one years, with right of renewal for a further term of twenty-one years, to take effect in possession and not in reversion; but such lease may be renewable as provided hereafter.

17. Every lease shall be prepared by the Council, and shall be in such form, and shall contain such covenants, conditions, and agreements, not being inconsistent with the provisions of the said Act or these regulations, as the Council may prescribe by regulations which it is hereby authorised and empowered from time to time to make, and from time to time to alter, amend, or revoke, and which may either be general, or applicable to any particular case or class of cases, and, when not otherwise provided, shall be subject to the stipulations following:—

(1.) 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.

(2.) The lessee shall and will during the term of the lease pay the rent reserved thereby free and clear from all deductions or abatements whatsoever, and shall and will pay all rates, taxes, charges, or assessments now made or hereafter during the said term assessed, charged, or imposed upon the demised premises, or tenant in respect thereof, or upon any buildings or improvements thereon; and in case any of the said rents shall at any time be and continue in arrear and unpaid for fourteen days next after any of the days appointed for payment thereof, the lessee will (if demanded) pay to the lessor interest upon such arrears at the rate of £8 per centum per annum, calculated from the time appointed for the actual payment of such rent to the time of actual payment thereof; and such interest shall for all purposes, whether of distress or otherwise, be deemed to be rent payable under the demise, and be payable and recoverable by distress or otherwise in the same manner as the rent reserved under the demise may or can be.

(3.) The lessee “will insure in the name of the lessor.”

(4.) The lessee “will fence.”

(5.) The lessee “will paint outside every fourth year.”

(6.) The lessee “will cultivate,” and will preserve and keep the demised premises in a clean and husbandlike manner, free from all noxious weeds growing or to grow on the said demised premises, and will not plant on the demised premises, or permit to spread thereon, gorse or furze, and will keep properly cut and trimmed all live hedges and fences on the demised premises.

(7.) No lessee shall transfer the possession or occupation of the land leased to or occupied by him, or any part thereof, by sale, underlease, 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.

(8.) When a statutory declaration is required from any lessee, no transferee, and no purchaser of any lease under any power of sale vested in