✨ Land Leases and Tender Conditions
May 30. THE NEW ZEALAND GAZETTE. 1695
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 discharge to the lessee.
(2.) Any power which may be exercised under these presents by or on behalf of the lessor may from time to time be exercised by any person whom he from time to time appoints 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. Plans of the Township of Otorohanga can be seen and full particulars obtained at the Post-offices at Otorohanga, Hamilton, Cambridge, Rotorua Te Awamutu, Kihikihi, Pirongia, Kawhia, Te Kuiti, and Taumarunui; also on application to the President, Maniapoto-Tuwharetoa District Maori Land Board, at Auckland, and at the District Lands and Survey Office, Auckland.
JAS. W. BROWNE,
President, Maniapoto-Tuwharetoa District Maori Land Board.
Seven Lots at Parengarenga, Mangonui County, in the Parengarenga, Muriwhenua, Hohoura, and Tarawara Survey Districts, for Lease by Public Tender.
THE undermentioned lots at Parengarenga, Mangonui County, will be offered for lease by public tender under the provisions of “The Maori Lands Administration Act, 1900,” and its amendments. Tenders will be received up to 4 p.m. on Friday, the 5th day of July, 1907, and every tender shall be enclosed in a sealed envelope addressed to the President, Tokerau Maori Land Board, Native Land Court Office, Auckland, and marked on the outside as follows: “Tender for Lot No. , as advertised in the newspaper of the day of , 1907.” The term of lease will be for ten years, with the right of renewal for a further term of ten years.
Four Lots comprising the Blocks known as Parengarenga Nos. 3, 4, 5A No. 1, 5A No. 2, 5A No. 3, 5B No. 1, 5B No. 2, and 5B No. 3.
| Lot. | Area. | Upset Annual Rental. |
|---|---|---|
| A | Acres. | £ |
| 18,736 | 110 | |
| B | 12,765 | 75 |
| C | 5,773 | 75 |
| D | 9,874 | 110 |
Three Lots comprising the Blocks known as Pakohu Nos. 1, 2B No. 1, 2B No. 2, 3A, 3B, and 5.
| Lot. | Area. | Upset Annual Rental. |
|---|---|---|
| E | Acres. | £ |
| 3,482 | 60 | |
| F | 5,804 | 50 |
| G | 872 | 30 |
LEASES, PARENGARENGA AND PAKOHU BLOCKS.
Locality and Description.
The leases are situated around Parengarenga Harbour, at the northern extremity of the Auckland Land District, in Parengarenga, Muriwhenua, Hohoura West, and Tarawara Survey Districts. Access from Awanui is by track to the west coast, and along the beach to Hukatere, thence through Hohoura to Parenga (about the middle of the leases), a total distance of about fifty-five miles. There is a fortnightly steamer service from Auckland, 240 miles distant. The altitude of the land is generally from sea-level to 430 ft., but rising to 1,060 ft. in the north. About 19,600 acres consists of bare sandhills, about 1,000 acres of bush, and 250 acres of raupo swamp; the balance is undulating land of inferior clay and sandstone, covered with stunted manuka and fern. With exception of the bush land the whole is gum-bearing, but the ground in Runs E, F, and G has been very little worked for gum. The swamps, when drained, are suitable for agricultural purposes, and the land as a whole is suitable for rough runs.
TERMS AND CONDITIONS OF LEASE.
- The respective sections will be offered by public tender for lease for pastoral purposes, and with a right to work, win, dig, cut, use, possess, sell, and dispose of kauri-gum or flax in or upon or under the said land, or growing or which may grow on the said land.
- Each lease will be for a term of ten years, commencing from the 1st day of July, 1907.
- Every tender shall be enclosed in a sealed envelope addressed to the President, Tokerau Maori Land Board, Native Land Court Office, Auckland, and marked on the outside as follows: “Tender for lease of Lot No. , as advertised in the newspaper of the day of , 19 ,” and shall be accompanied by a statutory declaration in the form or to the effect set forth in Form K in the Schedule hereto.
- If any person desires tender for more than one lot, a separate tender for each such lot must be made, and separate declarations as required by the last preceding rule. And each such tender must be accompanied by six months’ rent and £3 3s., also stamp duty and registration fee.
- Tenders will be received up to 4 p.m. on the 5th day of July, 1907, and all tenders will be opened simultaneously by the Board on the 6th day of July, 1907, at 11 a.m. Every tender shall be deemed to be informal and incapable of being accepted where the rental tendered is less than the upset rental fixed as aforesaid.
- The highest tenderer, if his tender shall equal or exceed the upset rental, shall be declared the lessee and be entitled to possession of the lands so soon as he has duly executed a lease thereof, and has complied with all other conditions lawfully prescribed in that behalf. But the Board reserves to itself the right to call upon him, if it thinks necessary, to enter into a bond for an amount to be fixed by the Board, and to furnish two sureties, to be approved by the Board, for the due fulfilment of the terms and conditions of the lease.
- If the rent offered by two or more persons is the same amount, and is higher than that offered by any other tenderers, then the Board shall, after opening all the tenders, decide by lot, in such manner as it shall think fit, which of such two or more persons shall be declared the lessee.
- The deposits and fees paid by the unsuccessful tenderers for any lease shall be returned to them by the Board immediately after any tender for such lease has been accepted.
- When the Board shall declare any person to be the lessee of any block it shall forthwith notify the same to such person by registered letter, addressed to such person at the address given in the tender, and shall in such notice require such person, within thirty days after such notice, to execute the lease in triplicate. If two or more persons jointly tender, the notice shall be posted to each of such persons. Such notice shall be in the Form L in the Schedule to the regulations under the Act, or to the effect thereof.
- If any person who has been declared a lessee shall fail to execute his lease within thirty days after being required by notice so to do, then his deposit and the above-mentioned sum of £3 3s. shall be absolutely forfeited to the Board, and the right of such person to obtain such lease shall absolutely cease and determine.
Where any lessee shall forfeit his right to a lease as aforesaid, and as often as such a case shall occur from time to time until the land be leased, or until there be a failure of tenderers whose tenders are formal, the Board may, at any time within seven days from such forfeiture, declare the next highest tenderer for the same lease whose tender is not informal to be the lessee, or, if the rent offered by two or more persons is the same amount, and is higher than the rent offered by any other tenderer save the one who has so forfeited his right to a lease as aforesaid, may decide by lot which of such other persons shall be the lessee. Every person declared a lessee under this section shall, upon his paying the deposit and fees as aforesaid, be declared to have become the lessee on the day of the opening of the tenders as if he had been so declared on such day.
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✨ LLM interpretation of page content
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Lease terms for Otorohanga Township sections
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NZ Gazette 1907, No 47