Mar. 9.] THE NEW ZEALAND GAZETTE. 687

Council shall cause such valuation to be made on recovering possession of the land.

26. The amount of the valuation of the improvements, when paid by the purchaser of a new lease, shall be paid by the Council to the original lessee, less any arrears of rent or other moneys due in respect of such land by the outgoing tenant; and, in case of forfeiture, less also the amount of expenses incurred in recovering possession of the land and the lease or other disposal thereof.

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 aforesaid, 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 reference, 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 valuation.

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 terminating lease was granted, be put up to public competition 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 obtain 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 mentioned in the last preceding clause were made have been destroyed or appreciably damaged, the Council shall pay over to the outgoing lessee the amount received by it from the incoming lessee as aforesaid.

(e.) If any of the improvements as mentioned in the preceding 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.

25. If such lease shall not be disposed of as above mentioned 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.

26. 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.

27. All the provisions of the foregoing rules and regulations (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.

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 timber (not required by himself for building or other improvements on the land comprised in his lease, or for firewood