2972

THE NEW ZEALAND GAZETTE.

[No. 99]

27. In every case of the forfeiture of a lease for breach of
    conditions, the payment of the amount of the valuation of
    improvements, or of any part thereof, shall be absolutely at
    the discretion of the Council.

28. If payment of any such valuation is not made as afore-
    said, the Council may sue for and recover the same in any
    Court of competent jurisdiction from the person who should
    make such payment.

29. In any case where a lease is granted with a right of
    renewal for one further term only, not exceeding twenty-one
    years, the Council shall, on the expiration of such further
    term, or on the expiration of the original term, or in the
    case of a lease where the right of renewal is perpetual,
    on the expiration of any term, if the right of renewal has
    in any case been surrendered or otherwise determined,
    weight the land with the value of the improvements of the
    outgoing tenant on again offering it for lease; or the Council
    may in its discretion retransfer the land to the Native
    owners on payment of the value of the improvements and
    all other charges to which the land may be lawfully subject.
    The value of such improvements, or the balance thereof,
    after deducting any amounts which may be due to the
    Council by the outgoing lessee, shall, when recovered by the
    Council, be paid over to him.

30. No outgoing tenant shall have any right or claim
    against the Maori owners or the Council in respect of the
    value of any improvements made by him on the lands in his
    occupation, in case any person shall fail to pay such value
    to the Council:

Provided that in any such case of failure the Council
may retransfer the land to the Native owners on payment
of such value and all other charges to which the land may
be lawfully subject.

31. All claims for compensation in respect of any matters
    arising under the said Act, or for value of improvements or
    other matters, shall, unless otherwise specially provided, be
    settled in the manner provided in Part III. of “The Public
    Works Act, 1894,” for which purpose the said Part III.
    shall be deemed to be incorporated with the said Act.

In every such claim the Council shall be the respondent.

32. Where it is provided or agreed that any matter shall
    be referred to arbitration, then such reference, unless herein
    otherwise provided, shall be to one or more arbitrators
    appointed by the parties on each side respectively, and an
    umpire to be appointed by such arbitrators.

(a.) 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.

(b.) If the said arbitrators shall fail to agree upon the
matter referred to them within twenty-eight days
of the same having been so referred, then the
matter so referred shall be decided by an umpire
to be appointed by the said arbitrators, whose
decision shall be final and binding on both
parties.

(c.) Every such arbitration shall be carried on in the
manner prescribed by “The Arbitration Act,
1890,” and be subject to such last-mentioned
Act in the same manner as if the reference to
such arbitration had been made by consent of
parties under a deed.

(d.) Each party shall pay his or its costs of such refer-
ence and any costs incidental to the appointment
of an umpire shall be paid equally by the parties
to the arbitration.

(e.) Such arbitrators or umpire shall have all the powers
vested in Commissioners by “The Commissioners'
Powers Act, 1867,” as well as all the powers given
to them by “The Arbitration Act, 1890.”

33. Not sooner than one year and not later than three
    months before the end of the original or renewed term for
    which the lease is granted, a valuation shall be made by
    arbitration, or in some other manner that may be agreed
    upon between the Council and the lessee, of the then value
    of the fee-simple of the lands then included in the lease,
    and also a valuation of all substantial improvements of a
    permanent character made by the lessee during the term
    and then in existence on the land then comprised in the lease.

The publishing of the valuations made as aforesaid may
be effected by serving a copy of the same on the lessee
and another copy on the Council; and thereafter, but
not later than two months before the expiry of the term
for which the lessee then holds the lands, the lessee shall
elect, by notice in writing delivered to the Council, whether
he will accept a fresh lease of the said lands for a further
term of twenty-one years from the expiration of the then
term, at a rental equal to not less than five pounds per
centum on the gross value of the lands after deducting
therefrom the value of the substantial improvements of a
permanent character as fixed respectively by the valua-
tion.

34. If the lessee shall not elect to accept a renewal as
    above mentioned, or shall refuse or neglect to execute a lease
    within seven days after the same is tendered to him for
    the purpose, a lease of the said lands shall, not later than
    one month before the end of the term for which the ter-
    minating lease was granted, be put up to public compe-
    tition by public tender for such term of twenty-one years,
    on the following terms and conditions :—

(a.) The upset rent shall be such rent as shall be fixed
by the Council, not being a greater sum than that
at which the lease was offered to the outgoing lessee
under the last preceding clause.

(b.) The amount of such upset rent shall be stated in the
advertisements calling for tenders; and it shall be a
condition of tender that the tenderer shall, together
with his tender, deposit the amount of one half-year's
rent, which shall be returned to him if he fails to ob-
tain the lease.

(c.) If any person other than the outgoing lessee be declared
the purchaser, he shall, within seven days after the
day fixed for opening the tenders, pay over to the
Council the amount of the value of the substantial
improvements of a permanent character as fixed in
manner provided by the last preceding clause.

(d.) When the day has arrived on which the terminating
lease expires, or thereafter, if the Council shall have
satisfied itself that the outgoing lessee has let the
new lessee into quiet possession of the lands to be
leased, and that none of the improvements on the
lands which were thereon when the valuations men-
tioned in the last preceding clause were made have
been destroyed or appreciably damaged, the Council
shall pay over to the outgoing lessee the amount re-
ceived by it from the incoming lessee as aforesaid.

(e.) If any of the improvements as mentioned in the pre-
ceding subclause have been destroyed or appreciably
damaged, as in the said subclause referred to, then
the value of the improvements so destroyed, or the
cost of repairing such damage, shall be decided by
the Council or some person appointed by it ; and
the amount so fixed, with the costs attending such
decision, shall be deducted from the amount payable
as aforesaid to the outgoing lessee, and, save the
amount deducted for costs, shall be returned to the
incoming lessee.

35. If such lease shall not be disposed of as above men-
    tioned to some person other than the lessee, or if such person
    fails to execute the lease in triplicate within thirty days, or
    to pay the sum offered by him as aforesaid within thirty days
    from the day on which the tenders were opened, then the
    lessee may again, within sixty days after the day fixed for the
    opening of the tenders, elect in a manner aforesaid whether
    he will accept a fresh lease as aforesaid; and if he does not
    elect to accept the same, or refuses or neglects to execute
    such lease within seven days after the same is tendered to
    him for the purpose, then he may continue as lessee of the
    said land from year to year, so long as he shall pay the rent
    reserved by his lease and observe and perform the covenants
    and conditions contained in the same or in this Act, or until
    the Council shall succeed in finding a purchaser of the new
    lease, unless, prior to the finding of such purchaser by the
    Council, he shall elect to accept a new lease for the said
    further period of twenty-one years as aforesaid.

36. The Council, in selling a renewed lease to a purchaser,
    may make provision that the right to take possession under
    such new lease shall always commence on the 1st day of
    January or of July in any year.

37. All the provisions of the foregoing rules and regula-
    tions (except the provisions as to cultivation) as regards
    the tenders for, sale, form, and conditions of first leases made
    under the said Act, and otherwise howsoever as regards such
    leases, shall, mutatis mutandis, apply to the sale, form, and
    conditions of the new or renewed leases above mentioned, and
    to the lessees thereunder, and otherwise howsoever, except as
    herein is otherwise expressly provided.

Rent.—The rent shall commence on the first day of January
or July following the date of acceptance of tender by the
Council.

Roads.—The right to deviate existing surveyed roads where
found necessary, or to take roads to give access to sections
where roads are not shown on the sale plan, is reserved for
five years through each section. It shall be a condition of
each lease that a right of way shall be temporarily reserved
over the existing pack and main walking tracks through the
land comprised in each lease until such time as the surveyed
roads have been formed. The lessee shall not be allowed to
block any of these tracks by felling trees or scrub across
them, and he shall at once remove any obstruction or any
timber that may unavoidably have to be felled across such
tracks, and shall leave the track clear for traffic. If fences
are erected he shall provide gateways on said tracks.

Timber.—It shall be a condition of the lease that the lessee
shall pay to the Council from time to time one half of the
royalty rates then current in the district for all marketable