Lease of Otorohanga Township Sections




1578
THE NEW ZEALAND GAZETTE.
[No. 43

of time two separate valuations shall be made in
manner prescribed (mutatis mutandis) by sections
79 and 80 of “The Land Act, 1892,” of
(a.) All such improvements as aforesaid; and of
(b.) The annual ground-rent of the land (ex-
clusive of such improvements as aforesaid) for a
fresh term of twenty-one years.

(2.) After the making and publishing of the aforesaid
valuations, which shall be effected by serving a
copy thereof on the lessee and another copy on
the lessor, but not later than one month
before the date of such expiration as aforesaid,
the lessee shall, by notice in writing served on
the lessor, elect whether he will accept a new
lease of the demised land (including the aforesaid
improvements) for a fresh term of twenty-one
years, computed from the date of such expiration
as aforesaid, at the annual ground-rent ascertained
by valuation as aforesaid, and subject in all other
respects to the same covenants and conditions as
those of this present lease.

(3.) If for any reason the lessee does not duly elect in
manner aforesaid to accept such new lease, or if,
having duly elected, he for any reason does not
execute such new lease when requested by the
lessor so to do, his right to a new lease
shall be and be deemed to be abandoned, and
the land shall be disposed of by lease at such
time, in such manner, and subject to such con-
ditions, not inconsistent with the said Act and its
amendments and the regulations for the time being
in force thereunder, as the lessor thinks fit: Pro-
vided that it shall be one of the conditions of the
new lease that the new lessee pays to the lessor
the amount at which the improvements (if then
existing) have been valued as aforesaid, or such
less amount as the lessor thinks just, having
regard to the extent to which such improvements
have deteriorated since the date of the said
valuation; and all moneys actually received by
the lessor in respect of such valuation shall be
paid over to the lessee under this present lease as
soon as the lessor is satisfied that the new lessee
has been admitted into full and quiet possession
of the premises: Provided further that in no
case shall the lessee under this present lease have
any claim against the lessor in respect of any
such improvements, or of the value thereof, save
to the extent of the moneys which are actually
received as aforesaid from the new lessee, and
available for payment, and which the lessee
under this present lease becomes actually entitled
to.

(4.) When no valid bid or tender is received for any
allotment heretofore or hereafter advertised for
disposal under the provisions of the said Act, such
allotment may at any time within six months
from the date of the auction, or opening of tenders,
be taken up, subject to all the other provisions of
the said Act and these regulations, at the upset
price or rental.

———

SCHEDULE B.

AUCKLAND LAND DISTRICT.—WAITOMO COUNTY.—ORAHIRI
SURVEY DISTRICT.

These sections have been grouped into three suitable areas
for gardens, paddocks, &c. Term of lease, five years, with-
out right of renewal.

TOWNSHIP OF OTOROHANGA.

Lot. Block. Area. Upset Annual Rental. Value of Improvements.
1 A. R. P. £ s. d.
2 XII 0 2 33 0 15 0 Fences to be removed.
3 0 2 38 0 15 0 Fences to be removed.
4 XVII 1 3 12 1 5 0 Fencing to be re-
5 moved.
6
7

TERMS AND CONDITIONS OF LEASE.

  1. 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 for any lot, the lot in dispute shall be put up again at
    the last preceding bid.

  2. The highest bidder of 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, and
    shall also deposit the sum of £1 for the lease fee.

  3. 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.

  4. 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.

  5. 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 Board, 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.

  6. The lessee shall have no claim against the Board 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.

  7. 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 Board first had and obtained.

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

  9. 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, ragwort, blackberry, sweet-
    briar, or other noxious weeds or plants as may be directed
    by the Board.

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

  11. 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, 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



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1907, No 43





✨ LLM interpretation of page content

🪶 Conditions for Lease of Otorohanga Township Sections

🪶 Māori Affairs
Land lease, Otorohanga, Public auction, Lease renewal, Land valuation, Native land, Lease terms, Covenants, Schedule B

🪶 Otorohanga Township Sections for Lease (continued from previous page)

🪶 Māori Affairs
Otorohanga, Land lease, Public auction, Schedule B, Waitomo County, Orahiri Survey District, Garden plots, Paddock plots

🪶 Terms and Conditions for Lease of Otorohanga Township Sections

🪶 Māori Affairs
Lease terms, Otorohanga, Public auction, Rent payment, Lease fee, Improvement valuation, Subletting, Noxious weeds, Rabbit control, Lease agreement

🪶 Form of Lease for Otorohanga Township Sections

🪶 Māori Affairs
Lease agreement, Maori Lands Administration Act 1900, Otorohanga, District Maori Land Board, Lessor, Lessee, Rent, Covenants, Land lease