✨ Maori Land Lease Conditions
MAY 16.] THE NEW ZEALAND GAZETTE. 1577
considerable European and Maori population at Otorohanga
at the present time, and it has been known for some years past
as a thriving business-place. There is a large area of Crown
land in the vicinity, a great deal of which has already been
taken up, and as settlement progresses Otorohanga will be-
come a place of considerable importance. There is a daily
train service to it from Auckland. There is a sawmill in the
township employing a number of workmen both in the mill
and in the adjacent bush. There is a Board school, a public
hall, a temperance hotel, and a Methodist church in the
township, and a creamery within a distance of four miles.
There is a graded and formed road from Otorohanga leading
to Kihikini, Te Awamutu, and other parts of Waipa and
Waikato Counties. Otorohanga is within easy reach of the
celebrated Waitomo Caves. The township is laid out in a
pretty valley on the west side of the railway-station site and
the railway-line. It is bounded on the south and east by the
Waipa River, which has been well stocked with trout. The
township is partly on flat and partly on rising ground, thus
comprising allotments suitable for both business and resi-
dence sites.
TERMS AND CONDITIONS OF LEASE.
-
The respective lots shall be offered by public auction
on the 26th day of June, 1907. -
The bidder of the highest rent shall be declared to be
the lessee, and, if any dispute arises as to the last or highest
bid at any auction for any lot, the lot in dispute shall be put
up again at the last preceding bid. -
The highest bidder for any lot shall, upon the fall of
the hammer, pay to the auctioneer the first half-year's rent
in advance by way of deposit, which shall represent the half-
year's rent as from the 1st July, 1907, and shall cover the
period between the date of sale and such 1st July, 1907,
together with £1 lease fee. -
The second half-year's rent shall become payable on the
1st January, 1908, and thenceforth the rent shall be paid
half-yearly in advance. -
As soon as may be after the highest bidder is ascer-
tained, a lease will be prepared, for which there will be a
charge of £1, to be paid by the lessee. Such lease shall be
for the term of twenty-one years, commencing from the 1st
July, 1907, and the lessee shall execute the same in triplicate
at the office of the Board whenever requested to do so. -
The lease may provide for renewals from time to time
for a period not exceeding twenty-one years at a rent to be
fixed by valuation or by arbitration, and it may also provide
for payment by the incoming tenant for improvements made
by the outgoing tenant, the value of such improvements to
be ascertained by arbitration. -
In cases where any of the allotments are subject to the
payment of the value of the improvements by the provisions
of an expiring lease or otherwise, the respective 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 arrange-
ment is assented to in writing by the outgoing lessee or per-
son interested. -
Should the highest bidder neglect or fail to comply with
any of the conditions, his deposit-money shall thereupon be
forfeited to the Board, who shall be at full liberty either to
enforce the letting or to relet the premises at such time and
place and in such manner as it thinks fit, but in no case
shall the lessee be relieved from his liability. -
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 Board
(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, situate in the Native Township of , and being
allotment numbered ; Block , on the plan of
that township, as the same is more particularly delineated
and described in the plan drawn hereon, and therein
coloured red in outline; together with all ways, rights, ease-
ments, and appurtenances to the same belonging: To hold
the demised premises unto the lessee for the term of
twenty-one 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 Board,
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 exercisable 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 ap-
points 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.
(4.) The lessee, faithfully observing and performing all the
covenants, conditions, and agreements on his part herein
contained or implied, shall, on the expiration by effluxion of
time of the original and every renewed term have a recur-
rent right of renewal of the lease, or to valuation for all sub-
stantial improvements of a permanent character made or
owned by him and then existing on the demised land: Pro-
vided that such right shall exist only to the extent and
subject to the conditions following, that is to say,—
(1.) Not sooner than nine nor later than six months
before the expiration of any term by effluxion
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✨ LLM interpretation of page content
🪶 Conditions for Lease of Otorohanga Township Sections by Public Auction
🪶 Māori Affairs2 May 1907
Maori land, Otorohanga, Public auction, Lease, Land settlement, Township development, Leasehold terms, Covenants, Renewal rights
NZ Gazette 1907, No 43