Nov. 17.] THE NEW ZEALAND GAZETTE. 2797

yielding and paying to the lessors in the event of the said term being determined by re-entry or otherwise as hereinafter mentioned a proportionate part of the said rent for the current fraction of a quarter down to the date of such re-entry or determination, subject to the following covenants, conditions, and restrictions :—

That the lessee (which term shall, unless the context requires a different construction, mean and include the executors, administrators, and assigns of the lessee) covenants with the lessors as follows :—

1. That the lessee shall and will during the said term pay the rent aforesaid in manner aforesaid, 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 upon the landlord or tenant in respect thereof, or upon any buildings or improvements thereon, and that in case any of the said rent shall at any time be and continue in arrear and unpaid for fourteen days next after any of the days hereinbefore appointed for payment thereof, the lessee will pay to the lessors interest upon such arrears at the rate of eight pounds per centum per annum, calculated from the time hereinbefore 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 in arrear payable under this demise, and be payable and recoverable by distress or otherwise in the same manner as the rent reserved under this demise may or can be.

2. That the lessee “will insure.”

3. That 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 and around the demised premises.

4. That the lessee “will not without leave assign or sublet.”

5. That the lessee will within twelve months of the commencement of the term hereby granted “completely fence” the boundaries of the land hereby leased, and enclose with a sufficient fence within the meaning of “The Fencing Act, 1895,” the whole of the land hereby leased, and at all times during the said term keep in good and substantial repair and condition the boundary-fences now erected or hereafter to be erected upon or around the said land hereby leased, and all subdivisional fences which are now or at any time hereafter during the term hereby granted may be erected on the said land hereby leased, and will not at any time call upon or compel the lessors to contribute to the cost of erecting, repairing, or maintaining any boundary fence or fences which may now or hereafter be erected as dividing-fences between the land hereby leased and any land adjacent thereto in which the lessor may have any estate or interest: Provided always that this provision shall not enure for the benefit of any occupier other than the lessors of the land so adjacent as aforesaid to the land hereby leased so as to deprive the lessee of any rights he might have (but for this covenant) against such occupier: Provided further that nothing herein contained shall be deemed to lessen, limit, or restrict the lessee’s liability under the covenant to keep in repair implied herein by law.

6. And it is hereby declared that all the covenants hereinbefore contained as modified herein shall have the meaning given them by “The Land Transfer Act, 1885,” and that all powers, covenants, and provisions of “The Land Transfer Act, 1885,” which apply to or are implied or incorporated in leases of land under that Act shall apply to and be implied or incorporated in this lease, save as to any express modifications thereof made herein.

7. And it is agreed and declared between and by the parties hereto that for the purposes of this lease the term “substantial improvements of a permanent character” includes the erection of buildings, reclamation from swamps, clearing of bush, gorse, broom, sweetbriar, or scrub, cultivation, planting with trees or live hedges, the laying-out and cultivating of gardens, fencing, draining, making roads, sinking wells or water-tanks, constructing water-races, sheep-dips, making embankments or protective works of any kind, or in any way improving the character or fertility of the soil, and this lease shall be read and construed accordingly.

8. Provided always that if the rent hereby reserved shall be in arrear and unpaid for the space of twenty-one days next after any of the days herein appointed for payment thereof, although no formal demand shall have been made for payment thereof, or in case the lessee shall commit a breach of or infringe or fail to perform or observe any or either of the covenants, conditions, or agreements herein contained or implied and on behalf of the lessee to be performed or observed, and the same shall continue for the period of twenty-one days, then and in any such case it shall be lawful for the lessors into and upon the demised premises, or any part thereof in the name of the whole, to re-enter, and the same to have again, repossess, and enjoy; but such re-entry shall not prejudice the right of the lessors to recover any rent then due or payable, or any right of distress, action, or suit that may have arisen under these presents or by law prior to such re-entry.

9. That the lessee may, not earlier than twelve months and not later than eight months before the expiration of the term, give notice in writing, either personally to the lessors or by publishing the same in the Kahiti for six consecutive issues thereof, that the lessee elects to have a renewed lease of the land demised for a further term of twenty-one years computed from the expiration of the term granted by the lease, and if the lessee fails to make such election the lessee shall be deemed to have abandoned his right of renewal and shall have no claim for compensation for improvements. The lessors may within two months of the receipt of such notice of election, if given personally, or, if published in the Kahiti, within two months from the first publication, elect either to grant such renewed lease or not to grant the same, by serving on the lessee personally, or by affixing to some conspicuous part of the demised land, a notice in writing of such election; and if no such election is made the lessors shall be deemed to have elected to grant a renewed lease. If the election is to grant a renewed lease, and the lessee shall refuse or neglect to execute such renewed lease or a counterpart thereof within sixty days after such lease or counterpart is tendered to the lessee for execution, then the lessors may, if the lessors think fit, by notice in writing given to the lessee in the same manner as is hereinbefore provided in the case of an election by the lessors, declare that the lessee’s right to get such renewed lease is determined, and thereupon the right of the lessee to have such renewed lease shall be at an end, and the lessee shall not be entitled to any compensation for improvements or otherwise, or to any claim for damages. If the election is made not to grant the lease, then the lessors shall pay to the lessee on the expiration of the term created by the lease the value of all substantial improvements of a permanent character made by the lessee and then existing on the land, to be ascertained as follows: A valuation shall forthwith be made of such improvements by two arbitrators, one to be appointed by the lessors and the other by the lessee, or by an umpire appointed by such two arbitrators before entering into the arbitration. If either party shall fail to appoint an arbitrator within twenty-one days after being requested in writing to do so by the other party, then the arbitrator appointed by the other party shall alone conduct the arbitration, and his decision shall be final and binding on both parties. If there shall be more than one lessee it shall be sufficient if such request is made to one of such lessees. If the arbitrators shall fail to agree within twenty-one days, then the valuation aforesaid shall be made by the umpire appointed by the arbitrators, whose decision shall be final and binding on both parties. Every such arbitration shall be carried on in the manner provided by “The Arbitration Act, 1890,” and be subject to that Act in the same manner as if the reference was a submission to arbitration within the meaning of that Act and had been made by consent of parties under written agreement. Each party shall pay his own costs of any such arbitration, and any costs incidental to the appointment of an umpire shall be paid equally by the parties to the arbitration. The sum to be paid for such improvements shall be paid to the lessee on the expiration of the term hereby created, and shall bear interest after that period at £8 per centum per annum until paid: Provided always that in no case shall the lessee be awarded or be entitled to be paid a greater sum for improvements than after the rate of £5 for every acre or fractional part of an acre of the land demised, If the lessee shall under the provisions hereinbefore contained become entitled to a renewed lease, then, in order to ascertain the rent to be paid under such renewed lease, a valuation of the land shall be made by arbitration in the manner aforesaid, without the improvements thereon, and the rent under the renewed lease shall be fixed by the arbitrators or their umpire at a rate of not more than £7 per centum or less than £4 per centum on such value, and such rent shall be payable quarterly in advance, and the lessors shall execute a lease to the lessee of such land for the term of twenty-one years at the rent so fixed, and under and subject to the same covenants, conditions, and restrictions as are in this lease contained or implied, except the provision as to renewal or payment for improvements. And the lessee hereby accepts this lease to be held by the lessee as tenant, subject to the covenants, conditions, and restrictions above set forth, expressed, or implied.

Dated this day of , one thousand nine hundred and

The corporate seal of the Aotea District Maori Land Council was at a meeting of the said Council and pursuant to a resolution thereof hereto affixed in the presence of—

A.B.,
President of the Council.

C.D., E.F.,
Two Maori Members of the Council.

Signed by the above-named , the lessee, in the presence of—G. H. [Residence], [Calling or occupation].