2796
THE NEW ZEALAND GAZETTE.
[No. 93

Seven Allotments situate in Kawiu Block (Part of Subdivision Horowhenua 11b., No. 36), Block XIII., Mount Robinson Survey District, and Block I., Waiopehu Survey District, for Lease by Public Auction under “The Maori Lands Administration Act, 1900,” and its Amendments.

Maori Land Administration Office,
Wellington, 17th November, 1904.

NOTICE is hereby given that the leases of the allotments particulars of which are set forth in the Schedule hereto, under the provisions of “The Maori Lands Administration Act, 1900,” and its amendments, will be offered by public auction at the Town Hall, Levin, at 11 o’clock a.m. on Thursday, the 12th January, 1905. Term, twenty-one years, with right of renewal for a single further term of twenty-one years, or compensation for improvements, at the option of the Aotea Maori Land Council. The terms and conditions under and subject to which the said land is offered for leasing are set forth in the said Schedule.

R. C. SIM,
Recorder.

SCHEDULE.

PARTICULARS.

Kawiu Block

(Part of Subdivision Horowhenua 11b, No. 36).

TERMS AND CONDITIONS.

1. The respective lots will be offered for lease by public auction at the Town Hall, Levin, on Thursday, the 12th day of January, 1905, at 11 a.m., at the upset rent following, that is to say: Lot 1, at the upset annual rent of £37 10s.; Lot 2, £15 7s. 6d.; Lot 3, £33 3s.; Lot 4, £36 15s.; Lot 5, £39 5s. 6d.; Lot 6, £35 13s. 6d.; Lot 7, £15 15s.

2. No bidding shall be retracted, and, subject to the right the Council hereby reserves to itself to bid once for each lot, the highest bidder for any lot will, if not ineligible under “The Maori Lands Administration Act, 1900,” and its amendments, be declared the lessee; and if any dispute arises concerning any bidding the property shall be put up again at the last preceding bid. The Council reserves the right to withdraw any lot.

3. Upon the fall of the hammer the highest bidder shall pay to the auctioneer the first quarter’s rent in advance by way of deposit, together with £3 3s. the cost of the lease and stamp duty and registration fees. The rent thus deposited shall be in discharge of the rent due on the 1st day of April, 1905. The rent becoming due thereafter shall be payable quarterly in advance on the 1st July, 1st October, 1st January, and 1st April during each year of the term.

4. The highest bidder shall also, upon the fall of the hammer, fill in and sign the contract for leasing at the foot, and execute the statutory declaration in the form or to the effect set forth in the Form K hereto. In the event of his being declared the lessee of more than one lot he shall thereupon execute separate declarations and pay separate deposits and fees.

5. The lessee of any lot shall, within thirty days after the day of sale, execute the lease (in triplicate) in the form hereinafter set out, and thereupon, but subject to any other of the provisions of these conditions, shall be entitled to possession of the lot he has contracted to lease; and if a lessee shall fail to comply with this condition the Council may, by notice in writing either delivered personally or sent by registered letter addressed to the lessee at his residence or abode, or last known place of residence or abode, elect to determine the contract of lease; and, if such notice is given, the deposit and the above-mentioned sum of £3 3s. shall be absolutely forfeited to the Council, and the right to obtain such lease shall absolutely cease and determine.

6. No person shall be entitled to become a lessee under these conditions except for his own use and benefit, nor shall any person be entitled to become a lessee hereunder who, by himself or by or jointly with any other person on his behalf, holds more than 2,000 acres of freehold land (inclusive of not more than 640 acres of first-class land) contrary to the provisions of section 26 of “The Maori Lands Administration Act, 1900,” as amended. Any contract for a lease under these conditions in contravention of this condition shall be void.

7. Every lease shall be prepared by the Council, and shall be in the form set out herein, and shall be subject to the covenants, conditions, and agreements therein expressed and implied.

8. No person contracting to take a lease under these conditions shall be entitled to an abstract of title save at his own expense, and in case any such person requires one he shall give notice in writing to the Council within twenty-four hours of the day of sale, otherwise his right thereto shall be determined.

9. The land to be leased is under “The Land Transfer Act, 1885,” and the Council is the registered proprietor thereof, and no person contracting to take a lease under these conditions shall be entitled to make any requisition on the title or as to the powers of the Council to grant a lease under these conditions; and if the person contracting to take a lease shall insist on any objection or requisition as to the title or evidence of title, particulars, conditions, conveyance, or boundaries, or otherwise, which the Council shall be unable or unwilling to remove or comply with, the Council may, by notice in writing given to the person contracting, or his solicitor, at any time, and notwithstanding any negotiation or litigation in respect of such objections or requisition, annul the contract for lease, and shall thereupon return to the person contracting to take the lease his deposit, but without interest, costs of investigating the title, or any payment or compensation whatever.

10. The various lots shall be taken to be correctly described as to quality and otherwise; and if any error, misstatement, or omission in the particulars be discovered, the same shall not annul the sale, nor shall any compensation be allowed by the Council in respect thereof.

FORM K.

In the matter of “The Maori Lands Administration Act, 1900,” and its amendments; and in the matter of a proposed lease by the Aotea Maori Land Council to

, of all that piece or parcel of land(1)

I [or We(2)],

, of

, do solemnly and sincerely declare—

1. That I am the person who, subject to the provisions of “The Maori Lands Administration Act, 1900,” and its amendments, am desirous of becoming a lessee of the above-described land.

2. That I am acquiring such lease solely for my own use and benefit, and not directly or indirectly for the use or benefit of any other person or persons whomsoever.

3. That, including the land so to be leased, but exclusive of any Maori land held by me at the date of the passing of “The Maori Lands Administration Act, 1900” (20th October, 1900), I do not hold or own, directly or indirectly, either by myself or jointly with any other person, any land anywhere in the Colony of New Zealand 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 the provisions of an Act of the General Assembly of New Zealand intituled “The Justices of the Peace Act, 1882.”

Declared at

, this

day of

, 1904,

by the above-named

, before me,

, a Justice of the Peace for the Colony of New Zealand.

(1) Here shortly describe land.

(2) If more than one lessee, set out names and residences and occupations of both, and insert the word “severally” before “solemnly,” and alter the form throughout accordingly.

NOTE.—If there be more persons than one contracting to lease, the declaration must be made by each of the persons, and the above declaration must be altered accordingly by inserting the word “we” in place of “I,” setting forth the residence and occupation of each declarant, and inserting the word “severally” before the word “solemnly,” and each declarant must sign the declaration before a Justice of the Peace, a separate jurat being used for each person.

FORM OF LEASE.

THE Aotea District Maori Land Council, incorporated under “The Maori Lands Administration Act, 1900” (which, with its successors and assigns, unless the context requires a different construction, are hereinafter referred to as “the lessors”), being the registered proprietors in fee-simple of all that piece of land situated in the

, containing

, be the same a little more or less, and being

, as the same is delineated on the plan drawn hereon, bordered red, do hereby lease to

, of

(hereinafter called “the lessee”), all the said lands, to be held by the said lessee as tenant for the term of

years computed from the

day of

, one thousand nine hundred and

, at the yearly rental of

, payable quarterly, in advance, on the

days of

. in each year during the said term, the first of such payments having been made on or before the execution of these presents, and