Lease Terms & Conditions




2750
THE NEW ZEALAND GAZETTE.
[No. 104

  1. The second half-year’s rent shall become payable on
    the 1st July, 1906, and thenceforth the rent shall be paid
    half-yearly in advance.

  2. As soon as may be after the highest bidder is ascer-
    tained a lease will be prepared. Such lease will be for a
    term of five years, without any right of renewal.

  3. In cases where any of the allotments are subject to the
    payment of the value of the improvements thereon, the re-
    spective amounts thereof shall be specified in the conditions,
    and such value shall be paid at the same time and in the
    same manner as the deposit heretofore mentioned, unless
    some other arrangement is assented to in writing by the
    outgoing lessee or person interested. Should the highest
    bidder neglect or fail to comply with any of the conditions,
    his deposit-money and lease fee shall thereupon be forfeited
    to the Council, who shall be at full liberty either to enforce
    the letting or to relet the premises at such time and place
    as it thinks fit, but in no case shall the lessee be relieved
    from his liability.

  4. The lessee shall have no claim against the Council for
    compensation either for any improvements that may be
    placed upon the land or for any other cause: Provided,
    however, that if at the expiration of the term the land shall
    be again offered for lease, then such lease shall be weighted
    with valuation for any fencing then on the land which has
    been erected by the outgoing lessee during the term of his
    lease, or paid for by him on taking up the lease, and which is
    in a good state of repair, and such valuation shall be paid by
    the then incoming tenant before being admitted to possession
    of the land.

  5. The lessee shall have no right to sublet, transfer, or
    otherwise dispose of the whole or any portion of the land
    comprised in the lease except with the written consent of
    the Council first had and obtained.

  6. The lessee shall destroy all rabbits on the land, and
    shall prevent their increase or spread to the satisfaction of
    the Council.

  7. The lessee shall prevent the growth and spread of
    gorse, broom, ragwort, blackberry, sweetbriar, or other
    noxious weeds or plants on the land comprised in the lease,
    and shall with all reasonable despatch remove or cause to
    be removed all gorse, broom, or sweetbriar, ragwort, black-
    berry, or other noxious weeds or plants as may be directed
    by the Council.

  8. The rent shall be payable half-yearly in advance, free
    from all deductions whatsoever.

  9. Every lease shall be in the following form, with such
    modification as the circumstances may require:—

THIS deed, made the day of , one thousand
nine hundred and , under the provisions of “The
Maori Lands Administration Act, 1900,” and its amend-
ments, between the District Maori Land Council
(hereinafter referred to and included in the expression “the
lessor”) of the one part, and , of , in the Land
District of , in the Colony of New Zealand (who,
with his executors, administrators, and permitted
assigns, is hereinafter referred to and included in the expres-
sion “the lessee”), of the other part, witnesseth that, in
consideration of the rent hereinafter reserved, and of the
covenants, conditions, and agreements herein contained and
implied, and on the part of the lessee to be paid, observed,
and performed, the lessor hereby demises and leases unto the
lessee all that piece of land, containing by admeasurement
acres roods perches, a little more or
less, situated in the Native Township of , and being
allotment numbered , Block , on
the plan of that township, as the same is more par-
ticularly delineated and described in the plan drawn hereon,
and therein coloured red in outline; together with all ways,
rights, easements, and appurtenances to the same belong-
ing: To hold the demised premises unto the lessee for the
term of five years, commencing on the 1st day of , one
thousand nine hundred and ; yielding and paying
therefor the annual rent of , payable half-yearly in
advance on the 1st day of January and the 1st day of July
in each year during the said term, free from all deductions
whatsoever, the first half-yearly payment of such rent having
been already made, and the next payment to become due
and be made on the 1st day of thereafter.

And the lessee hereby covenants with the lessor as fol-
lows, namely:—

(1.) The lessee shall not nor will at any time during the
said term assign, underlet, or part with the possession of the
demised premises, or any part thereof, without the previous
consent in writing of the lessor.

(2.) The lessee will from time to time during the said term
pay unto the lessor the said rent on the days and in manner
aforesaid, and also will from time to time pay and discharge
all rates, taxes, charges, and assessments whatsoever now or
hereafter to become payable upon or in respect of the
demised premises or any part thereof.

(3.) The lessee will, during the said term, well and suffi-
ciently repair, maintain, and keep the demised premises, and
all buildings, fences, and erections from time to time built
or erected thereon, in good and substantial repair and condi-
tion (reasonable wear-and-tear, and damage by fire, storm,
earthquake, or tempest, only excepted). In the erection of
any buildings from time to time the lessee will abide by and
conform to the alignment of streets and roads, and also
to all the by-laws and regulations from time to time in force,
or made or passed by the local authority for the time being
intrusted with the administration of the local affairs of the
said township, by whatever name or designation such local
authority may for the time being be called, but hereinafter
referred to as “the local authority.”

(4.) The lessee will from time to time construct, maintain,
and keep all such privies, ashpits, and other works of a
similar character as may be ordered or directed by the local
authority; and, in cutting and laying of drains and channels
for the conveyance of water or waste material or refuse of
any kind, and in maintaining and providing for the sanitary
state and condition of the demised premises, will at all
times act in accordance with the direction of the local
authority or the requirements of any laws, by-laws, rules, or
regulations for the time being in force providing for the
sanitary state and condition of the said township.

(5.) The lessee will not at any time during the said term,
without the previous consent in writing of the local
authority, carry on or permit to be carried on upon the said
demised premises, or any part thereof, the trade or business
of a soap-boiler, tallow-chandler, tanner, slaughterman, meat
curer or preserver, or any noisy, noxious, or offensive trade
or manufacture of any kind whatever.

(6.) The lessee will permit the lessor, or any person on his
behalf duly authorised as hereinafter provided, from time to
time to enter upon the demised premises at all reasonable
times to view the state and condition thereof, and upon
notice of any defect or want of repair being given to the
lessee, or left for him on the premises, the lessee will,
within one month thereafter, make good any such defect or
want of repair:

Provided always that whenever the rent hereby reserved,
or any part thereof, is in arrear for twenty-one days the same
may be levied by distress without any previous demand of
payment or notice of any kind: Provided further that, if the
lessee makes default for thirty days in the full and punctual
payment of any of the said rent, or if he makes default in
the faithful performance or observance of any other covenant
or condition on his part herein contained or implied, or
if the lessor is satisfied that the land comprised in this
lease is being held unused and to the hindrance of the
trade and progress of the said township, then and in any
such case, and without any notice or demand whatsoever, it
shall be lawful for the lessor to re-enter upon the demised
premises and thereby determine this lease, and that without
releasing the lessee from any liability in respect of any rent
due or any preceding breach of covenant.

And it is hereby declared and agreed as follows, that is to
say,—

(1.) The rent hereby reserved may be paid to the President
of the Maniapoto-Tuwharetoa District Maori Land Council,
or any officer who may be authorised by a notice under the
hand and seal of the lessor, and duly published in the New
Zealand Gazette, to receive the same, and the receipt of the
President or such person so appointed shall be a good dis-
charge to the lessee.

(2.) Any power which may be exercised under these pre-
sents by or on behalf of the lessor may from time to time be
exercised by any person whom he from time to time appoints
for that purpose.

(3.) Service on the lessee of any notice under this lease
may be effected either personally or by posting the same in a
registered letter addressed to him either at his last known
place of business or abode in the colony or at the demised
land.

Plans of the Township of Otorohanga can be seen and full
particulars obtained at the Post-offices at Hamilton, Cam-
bridge, Rotorua, Te Awamutu, Kihikihi, Pirongia, Kawhia,
Te Kuiti, and Taumarunui; also on application to the Pre-
sident, Maniapoto-Tuwharetoa District Maori Land Council,
at Otorohanga, and at the District Lands and Survey Office,
Auckland.

GEO. T. WILKINSON,
President, Maniapoto-Tuwharetoa District
Maori Land Council.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1905, No 104





✨ LLM interpretation of page content

🪶 Terms and Conditions of Lease for Otorohanga Allotments (continued from previous page)

🪶 Māori Affairs
Lease terms, highest bidder, auction deposit, half-year rent, lease fee, dispute resolution, rabbit control, noxious weeds, subletting, land improvements
  • GEO. T. WILKINSON, President, Maniapoto-Tuwharetoa District Maori Land Council