Nov. 3.] THE NEW ZEALAND GAZETTE. 2685

(d.) Each party shall pay his or its costs of such refer-
ence; and any costs incidental to the appointment
of an umpire shall be paid equally by the parties
to the arbitration.
(e.) Such arbitrators or umpire shall have all the powers
vested in Commissioners by "The Commissioners'
Powers Act, 1867," as well as all the powers given
to them by "The Arbitration Act, 1890."

33. Not sooner than one year and not later than three
    months before the end of the original or renewed term for
    which the lease is granted, a valuation shall be made by
    arbitration, or in some other manner that may be agreed
    upon between the Council and the lessee, of the then value
    of the fee-simple of the lands then included in the lease,
    and also a valuation of all substantial improvements of a
    permanent character made by the lessee during the term
    and then in existence on the land then comprised in the lease.

The publishing of the valuations made as aforesaid may
be effected by serving a copy of the same on the lessee
and another copy on the Council; and thereafter, but
not later than two months before the expiry of the term
for which the lessee then holds the lands, the lessee shall
elect, by notice in writing delivered to the Council, whether
he will accept a fresh lease of the said lands for a further
term of twenty-one years from the expiration of the then
term, at a rental equal to not less than five pounds per
centum on the gross value of the lands after deducting
therefrom the value of the substantial improvements of a
permanent character as fixed respectively by the valua-
tion.

34. If the lessee shall not elect to accept a renewal as
    above mentioned, or shall refuse or neglect to execute a lease
    within seven days after the same is tendered to him for
    the purpose, a lease of the said lands shall, not later than
    one month before the end of the term for which the ter-
    minating lease was granted, be put up to public compe-
    tition by public tender for such term of twenty-one years,
    on the following terms and conditions:—

(a.) The upset rent shall be such rent as shall be fixed
by the Council, not being a greater sum than that
at which the lease was offered to the outgoing lessee
under the last preceding clause.
(b.) The amount of such upset rent shall be stated in the
advertisements calling for tenders; and it shall be a
condition of tender that the tenderer shall, together
with his tender, deposit the amount of one half-year's
rent, which shall be returned to him if he fails to ob-
tain the lease.
(c.) If any person other than the outgoing lessee be declared
the purchaser, he shall, within seven days after the
day fixed for opening the tenders, pay over to the
Council the amount of the value of the substantial
improvements of a permanent character as fixed in
manner provided by the last preceding clause.
(d.) When the day has arrived on which the terminating
lease expires, or thereafter, if the Council shall have
satisfied itself that the outgoing lessee has let the
new lessee into quiet possession of the lands to be
leased, and that none of the improvements on the
lands which were thereon when the valuations men-
tioned in the last preceding clause were made have
been destroyed or appreciably damaged, the Council
shall pay over to the outgoing lessee the amount re-
ceived by it from the incoming lessee as aforesaid.
(e.) If any of the improvements as mentioned in the pre-
ceding subclause have been destroyed or appreciably
damaged, as in the said subclause referred to, then
the value of the improvements so destroyed, or the
cost of repairing such damage, shall be decided by
the Council or some person appointed by it; and
the amount so fixed, with the costs attending such
decision, shall be deducted from the amount payable
as aforesaid to the outgoing lessee, and, save the
amount deducted for costs, shall be returned to the
incoming lessee.

35. If such lease shall not be disposed of as above men-
    tioned to some person other than the lessee, or if such person
    fails to execute the lease in triplicate within thirty days, or
    to pay the sum offered by him as aforesaid within thirty days
    from the day on which the tenders were opened, then the
    lessee may again, within sixty days after the day fixed for the
    opening of the tenders, elect in a manner aforesaid whether
    he will accept a fresh lease as aforesaid; and if he does not
    elect to accept the same, or refuses or neglects to execute
    such lease within seven days after the same is tendered to
    him for the purpose, then he may continue as lessee of the
    said land from year to year, so long as he shall pay the rent
    reserved by his lease and observe and perform the covenants
    and conditions contained in the same or in this Act, or until
    the Council shall succeed in finding a purchaser of the new
    lease, unless, prior to the finding of such purchaser by the
    Council, he shall elect to accept a new lease for the said
    further period of twenty-one years as aforesaid.

36. The Council, in selling a renewed lease to a purchaser,
    may make provision that the right to take possession under
    such new lease shall always commence on the 1st day of
    January or of July in any year.

37. All the provisions of the foregoing rules and regula-
    tions (except the provisions as to cultivation) as regards
    the tenders for, sale, form, and conditions of first leases made
    under the said Act, and otherwise howsoever as regards such
    leases, shall, mutatis mutandis, apply to the sale, form, and
    conditions of the new or renewed leases above mentioned, and
    to the lessees thereunder, and otherwise howsoever, except as
    herein is otherwise expressly provided.

Rent.—The rent shall commence on the first day of January
or July following the date of acceptance of tender by the
Council.

Roads.—The right to deviate existing surveyed roads where
found necessary, or to take roads to give access to sections
where roads are not shown on the sale plan, is reserved for
five years through each section. It shall be a condition of
each lease that a right of way shall be temporarily reserved
over the existing pack and main walking tracks through the
land comprised in each lease until such time as the surveyed
roads have been formed. The lessee shall not be allowed to
block any of these tracks by felling trees or scrub across
them, and he shall at once remove any obstruction or any
timber that may unavoidably have to be felled across such
tracks, and shall leave the track clear for traffic. If fences
are erected he shall provide gateways on said tracks.

Timber.—It shall be a condition of the lease that the lessee
shall pay to the Council from time to time one-half of the
royalty rates then current in the district for all marketable
timber (not required by himself for building or other improve-
ments on the land comprised in his lease, or for firewood
for his own use) that may be cut and removed from the
land: Provided that such royalty rates shall in no case be
less than the minimum schedule rates fixed by the Timber
Regulations for Crown Lands in force at the time of cutting.
In the event of the land reverting to the Council through
any cause, or of the lessee's interest being determined or
forfeited, all rights to the timber that he may have given, or
agreements that he may have entered into for the disposal
thereof, shall absolutely cease and be determined.

A guide will start from Mr. Carkeek's camp, at Oruakukuru
(which is situated on the Raetihi-Parapara Road, seven miles
south of Raetihi), at 8 o'clock a.m. on the 3rd and 17th
December, 1904, to show intending applicants over the block.

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 pro-
posed *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 had on application at
the office of the Aotea Maori Land Council, Whanganui, and
at the District Lands and Survey Office, Wellington.

H. DUNBAR JOHNSON,
President, Aotea Maori Land Council.
Whanganui, 10th October, 1904.