Lease Form and Native Land Court




Dec. 8.] THE NEW ZEALAND GAZETTE. 2909

mised 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].

Indorsement.

Lease of
Situated in

Correct for the purposes of the Land Transfer Act.

, Lessor.
, Lessee.

PARTICULARS entered in the Register-book, Vol. , folio , the day of , 19 , at o’clock.

District Land Registrar of the District of

Indorsement in the Fold of the Deed.

The District Maori Land Council,
do hereby consent to the land mentioned in the within-written instrument being alienated as therein set forth.

In witness whereof the common seal of the District Maori Land Council was affixed at a meeting of the Council this day of , 19 , in the presence of—

A. )
B. ) Members of the Council. (l.s.)
C. )
D. )

AGREEMENT.

We, the undersigned, whose signatures are subscribed in the first column to this agreement, do hereby acknowledge that on the sale by auction this day of , 190 , of the property mentioned in the above particulars we were the highest bidders for and declared the lessees of the lot mentioned in the second column of this agreement and set opposite our names, subject to the foregoing conditions of leasing and at the rentals set over in the third column thereof, and that we have paid the sums mentioned in the fourth column of this agreement and also set opposite our names into the hands of the agents for the Council, and hereby agree to complete the leasing of the respective lots leased by us in accordance with the said conditions.

Dated day of , 190 .

Signature. No. of Lot. Amount of Annual Rent. Amount of Deposit.

NATIVE LAND COURT NOTICES.

Application for Confirmation Certificate under Section 55.

Registrar’s Office, Auckland, 1st December, 1904.

NOTICE is hereby given that application has been made to a Judge of the Court for a certificate under section 55 of “The Native Land Court Act, 1894,” confirming the alienation hereunder specified. All objections to the granting of such certificate must be lodged with me within fourteen days from the publication of this notice.

[Auckland, Sec. 55, 1904–18.] JAS. W. BROWNE, Registrar.

THE ALIENATION ABOVE REFERRED TO.

No. Nature of Alienation. Date. Name of Land. Names of Parties.
24 Transfer (C.A. 1904–74) 26th November, 1904 Lots 365, 353, 290, 357, 368, 367, 356, and 364, Parish of Pirongia Rewa Helen Langley, of Kawhia, to George Frederick Barton, of Kawhia.

E



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1904, No 97





✨ LLM interpretation of page content

🪶 Standard Form of Lease for Aotea District Maori Land Council (continued from previous page)

🪶 Māori Affairs
Form of Lease, Aotea District Maori Land Council, lease term, rental payment, covenant, fencing, cultivation, insurance, subletting, re-entry, improvements, Land Transfer Act 1885, Kahiti notice
  • A.B., President of the Council
  • C.D., Maori Member of the Council
  • E.F., Maori Member of the Council

🪶 Application for Confirmation Certificate under Section 55

🪶 Māori Affairs
1 December 1904
Native Land Court, Confirmation Certificate, Section 55, Alienation, Transfer, Land, Auckland
  • Rewa Helen Langley, Transferred land to George Frederick Barton
  • George Frederick Barton, Received land from Rewa Helen Langley

  • JAS. W. BROWNE, Registrar