2908
THE NEW ZEALAND GAZETTE.
[No. 97

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 investi-
gating 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 pro-
posed 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 amend-
   ments, am desirous of becoming a lessee of the above-de-
   scribed 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 occupa-
tions 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 de-
claration must be altered accordingly by inserting the word “we” in
place of “I,” setting forth the residence and occupation of each de-
clarant, 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 quar-
terly, 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
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 re-
quires 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 here-
   after during the said term assessed, charged, or imposed upon
   the demised premises, or upon the landlord or tenant in re-
   spect 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 other-
   wise, 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 com-
   mencement 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 herein-
   before 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 modifi-
   cations 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 “substan-
   tial improvements of a permanent character” includes the
   erecting 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 em-
   bankments or protective works of any kind, or in any way im-
   proving 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 in-
   fringe or fail to perform or observe any or either of the coven-
   ants, 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 pub-
   lishing 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 per-
   sonally, or by affixing to some conspicuous part of the de.