2866

THE NEW ZEALAND GAZETTE.

[No. 96

through to Kariol. This track follows generally the direc-
tion of the Oruakukuru-Kariol Road, which it crosses and
recrosses at several points on the way.

There is also another Native horse-track over which the
surveyors packed their stores when first going into the
block, which starts from the township reserve, at Matahiwi,
on the Whanganui River, and runs generally in a north-
easterly direction through the various sections, crossing the
Mangawhero River at the old Native ford marked “Bridge-
site” on plan, and continuing on to join the Parapara-
Raetihi track near peg CLXXA.

The right to use these Native and other tracks through
all intersected sections is temporarily reserved for the use
of the public.

The bushfelling on the works now in progress is being
done to a width of 66 ft., and clearing to a width of 33 ft. ;
all horse-road formation has been done to a width of 6 ft.

Where not otherwise mentioned, the access at present is
by unformed surveyed roads.

The sections, generally speaking, comprise hilly and un-
dulating bush lands. Sections 1, 2, 4, Block VII., 3 and 4,
Block VIII., 1 and 2, Block XI., and 1, Block XII., Taua-
kira; 3 and 4, Block V., and 1, Block IX., Ngamatea,
are of a rough and broken character. Sections 3 and 4,
Block XII., Makotuku, have steep sidlings to the Ararawa
Stream. There are flats on the following sections: 1, 2, 3,
Block XIV., 7, Block XV., Makotuku; 7, Block IX., 4, 5,
6, Block XIII., Kariol; 1, Block XI., Tauakira; 1, 2, 3, 4,
5, 8, Block I., 1, 2, 3, 4, Block V., and I., Block IX., Nga-
matea. There are open flats and swamps on Sections 6
and 7, Block IX., Kariol.

The soil of Ohotu Block generally is from fair to good
quality, resting on papa and sandstone formations.

The forest comprises for the most part rimu, rata, tawa,
matai, miro, and maire, with undergrowth of karamu,
mahoe, rangiora, kotukutuku, &c.

The following sections are reported to contain milling
timber: 2, 3, 4, Block XII., and 1, 3, 4, 5, 7, 8, Block XVI.,
Makotuku.

All the sections are well watered.

Improvements have been effected on the undermentioned
sections as follows: Section 3, Block XIV., Makotuku;
valued at £30. Section 5, Block I., Ngamatea—40 acres
felled and grassed, valued at £80. Section 2, Block XV.,
Makotuku—20 acres cleared and grassed, 15 acres cleared
(not yet burnt), three whares, and 24 chains of fencing;
valued at £119 15s.

———

TERMS AND CONDITIONS.

1. Every tender shall be enclosed in a sealed envelope ad-
   dressed to the President, and marked on the outside as
   follows: “Tender for lease of Section No. or small
   grazing-run, 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 sec-
   tion or the small grazing-run, a separate tender for each such
   section or the small grazing-run 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, and the
   value of the improvements (if any).

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 in-
capable 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 been
   notified of acceptance of tender, 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 ten-
   derers, 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 ten-
   derers for any lease shall be returned to them by the Council
   immediately after any tender for such lease has been ac-
   cepted.

7. When the Council shall declare any person to be the
   lessee of any section or small grazing-run 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 Administra-
   tion 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 abso-
   lutely cease and determine.

Where any lessee shall forfeit his right to a lease as afore-
said, 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 in-
formal 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 for-
feited his right to a lease as aforesaid, may decide by lot
which of such other persons shall be the lessee. Every per-
son declared a lessee under this section shall, upon his pay-
ing 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 with-
   drawn 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, in-
    clusive 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