Maori Land Lease Agreement




1756
THE NEW ZEALAND GAZETTE.
[No. 49

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 July, 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 pur-
pose :

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 suit-
able grass or crops.

(4.) That the right is reserved to the Board to grant per-
mission 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, improve-
ments, 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 con-
dition 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 improve-
ments,” 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 build-
ing.

(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, con-
dition, 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 pro-
visions 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 dis-
agreement 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 proceed-
ings 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, here-
unto 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, 1st June, 1907.



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1907, No 49





✨ LLM interpretation of page content

🪶 Lease of Maori Land for Gum Digging and Occupation

🪶 Māori Affairs
1 June 1907
Lease agreement, Kauri gum, Flax, Land use, Maori land, Rent payment, Improvements, Noxious weeds, Firewood rights, Track reservations
  • James W. Browne, President of Tokerau Maori Land Board

  • Jas. W. Browne, President, Tokerau Maori Land Board