✨ Maori Land Board Lease Template
Feb. 7.] THE NEW ZEALAND GAZETTE. 509
General Assembly of New Zealand intituled “The Justices of the Peace Act, 1882.”
(Signature.)
Declared at , this day of , 190 , before me— , a Justice of the Peace in and for the Colony of New Zealand.
FORM OF LEASE.
This deed, made the day of , 190 , between the District Maori Land Board, in the Colony of New Zealand (which said Board, with its successors and assigns, is hereinafter termed “the lessor,”) of the one part, and , of , in the Land District of , in the said colony, (hereinafter, with executors, administrators, and permitted assigns, referred to as and included in the term “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 doth hereby demise and lease unto the lessee all that piece or parcel of land, containing by admeasurement acres roods perches, a little more or less, situate in the District of aforesaid, and being Section numbered , Block , Survey District of ; as the same is more particularly delineated and described in the plan drawn hereon, and therein coloured red in outline; together with the rights, easements, and appurtenances to the same belonging; to hold the said several premises intended to be hereby demised unto the lessee for a term commencing from the first day of March, 1907, and expiring on the thirtieth day of June which shall first ensue after the expiration of ten (10) years from such date, and renewable for one further term of ten (10) years, on the conditions prescribed by the regulations under the provisions of “The Maori Lands Administration Act, 1900,” and its amendments in force at the date of the execution hereof as modified hereby, yielding and paying therefor unto the said Board the annual rent of (£ : : ), payable half-yearly in advance on the first day of January and the first day of July in each and every year during the said term, free from all deductions whatsoever. The first payment of such rent having been made, the next payment to become due to be made on the first day of next:
Provided always, and it is hereby expressly agreed by and between the parties hereto, in manner following:—
(1.) The lessee shall have for the term of the said lease the right to work, win, dig, cut, use, possess, sell, and dispose of for his own use and benefit any kauri-gum or flax in, upon, or under the land comprised in this lease, or growing or which may grow on the said land.
(2.) That out of the said land half a chain is reserved on each side of the existing tracks giving access to the portions of the blocks known as Parenga-renga Nos. 3, 4, 5A No. 1, 5A No. 2, 5A No. 3, 5B No. 1, 5B No. 2, and 5B No. 3, and Pakohu Nos. 1, 2B No. 1, 2B No. 2, 3A, 3B, and 5, set apart by the lessor for the occupation and support of the Maori owners of those blocks; and the lessor reserves the right to open up and reserve out of the said land hereby demised any new roads or tracks, not exceeding 1 chain in width, that may be required for this or any other purpose:
Provided, however, that such new roads or tracks shall be laid out so as to interfere as little as possible with the fences or other improvements of the lessee.
(3.) That ploughing for the purpose of obtaining kauri-gum on the said land or any part of the said land is absolutely prohibited.
If the lessee shall plough any portion of the said land he shall, within nine months after such ploughing, lay down every such portion with suitable grass or crops.
(4.) That the right is reserved to the Board to grant permission to Natives to take firewood for domestic purposes from any part of the said land, but so that such permission shall be granted only upon the condition that the Natives to whom the same shall be granted shall in exercise of their rights thereunder do no damage to the fences, improvements, or property of the lessee, and so that nothing herein contained shall be deemed to exonerate any Native from liability in respect of damage caused or done to fences, improvements, or property of the lessee.
(5.) That save as above the lessee shall not permit, and shall use his best endeavours to prevent, the destruction or burning of timber or bush standing or growing on the said land.
(6.) That all trenches or holes over 1 ft. in depth which the lessee or those employed or licensed by him may open or dig on the said land and which are not in the nature of improvements shall be filled in, and the surface left, as regards such holes or trenches, as nearly as possible in the same condition as when the lessee took possession under this lease.
(7.) That the lessee shall prevent the growth or spread of gorse, broom, sweetbriar, blackberries, and other noxious weeds on the said land, and clear the said land therefrom, in accordance with the provisions of “The Noxious Weeds Act, 1900.”
(8.) That no flax growing or which may grow on the said land is to be cut more than once within each three years, and the method of cutting is to be as directed by the Board.
(9.) The terms “improvements,” “substantial improvements,” and “substantial improvements of a permanent character” wherever used in this lease or in any of the said regulations herein implied shall mean and include reclamation from swamps, clearing of gorse, broom, sweetbriar, or scrub, cultivating or 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 embankments or protective works of any kind, in any way improving the character and fertility of the soil, or the erection of any building.
(10.) The lessor, or any agent appointed by the lessor, may at all reasonable times enter upon the said land and view the state thereof, and may serve upon the lessee, or leave at his last or usual place of abode, or fix upon some conspicuous part of the said land, a notice in writing of any defect, requiring him, within a reasonable time, to amend the same in accordance with the covenant, condition, or restriction in that behalf contained or implied in this lease.
(11.) The rent hereby reserved may be paid to the President of the Tokerau District Maori Land Board, or to 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 discharge to the lessee.
And it is hereby further declared and agreed that these presents are intended to take effect as a lease under the provisions of the said Act and regulations, and that the said provisions shall, except as to the provisions of sections numbers sixty-four (64), subsections three (3), four (4), five (5), and six (6) of section sixty-seven (67), section seventy-three (73), and section seventy-four (74) of the said regulations, which are hereby expressly negatived, and except so far as the said provisions and regulations are expressly modified or negatived hereby, be binding in all respects upon the parties hereto in the same manner as if such provisions had been fully set out herein; and that if any dispute or disagreement shall arise between the parties hereto touching the construction of these presents or in anywise relating hereto, such dispute or disagreement shall be referred to arbitration in the manner set forth in the regulations aforesaid; and neither of the said parties shall take or cause to be taken any steps or proceedings to set aside or call in question any award or decision which may have been given upon any such reference as final.
In witness whereof the seal of the District Maori Land Board was affixed hereto, and the President and members of the said Board have, as lessor, hereunto set their hands, and these presents have been also executed by the said lessee, the day and year first above written.
(Signatures.)
Signed by the said President and members of the said Board, as lessor, in the presence of
Signed by the above-named , as lessee, in the presence of
(Seal of the Board.)
Maps and full particulars may be obtained on application to the President, Tokerau District Maori Land Board, at Auckland, and at the Lands and Survey Office, Auckland.
JAS. W. BROWNE,
President, Tokerau Maori Land Board.
Office of Tokerau District Maori Land Board,
Auckland, 26th November, 1906.
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🪶 Form of Lease for Maori Land
🪶 Māori Affairs26 November 1906
Lease, Maori Land Board, Land, Rent, Covenants, Kauri-gum, Flax, Roads, Noxious weeds
- JAS. W. BROWNE, President, Tokerau Maori Land Board
NZ Gazette 1907, No 12