1630
THE NEW ZEALAND GAZETTE.
[No. 45

(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, without right of renewal.

TOWNSHIP OF OTOROHANGA.

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 ascertained, 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 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 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, sweetbriar, 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 amendments, 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 expression “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 particularly 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 belonging: 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 follows, 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 sufficiently 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 condition (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