1956
THE NEW ZEALAND GAZETTE.
[No. 55

in the case of small grazing-runs and pastoral leases, nor
shall any lessee have any right to acquire the freehold of the
demised land.

No lessee or person, by himself or by or jointly with any
other person on his behalf, shall hold at one time, whether
as occupier, lessee, assignee, sub-lessee, or otherwise, more
than 2,000 acres, inclusive of not more than 640 acres of
first-class land, except in the case of small grazing-runs and
pastoral leases. Any occupation license, lease, assignment,
sub-lease, or other instrument in contravention of this
section shall be illegal and void from the commencement:

Provided always that this section shall not apply to any
person who acquires an interest in any lease by bankruptcy
or under an intestacy, or by virtue of a will.

14. The Board shall have power to offer for lease any
    lands as small grazing-runs which are suitable only for
    occupation in larger areas than 2,000 acres, and may classify
    the land into first- or second-class pastoral country. The
    area of a first-class small grazing-run shall not exceed 5,000
    acres, and the area of a second-class small grazing-run shall
    not exceed 20,000 acres; and the whole of these regulations
    and the forms of tender, declaration, &c., with necessary
    alterations and amendments, shall, mutatis mutandis,
    apply.

15. Any person of the age of seventeen years and upwards
    may become a lessee hereunder, and if under full age shall be
    as capable of executing a lease, and shall be bound by the
    terms thereof, and of the said Act, as if such person was of
    full age.

16. The term fixed by the lease shall be twenty-one years
    with right of renewal for a further term of twenty-one years,
    to take effect in possession and not in reversion; but such
    lease may be renewable as provided hereafter.

17. Every lease shall be prepared by the Board, and
    shall be in such form, and shall contain such covenants,
    conditions, and agreements, not being inconsistent with
    the provisions of the said Act or these regulations, as
    the Board may prescribe by regulations which it is hereby
    authorised and empowered from time to time to make,
    and from time to time to alter, amend, or revoke, and
    which may either be general, or applicable to any particular
    case or class of cases, and, when not otherwise provided,
    shall be subject to the stipulations following:—

(1.) The demise shall reserve unto the lessor all mines,
metals, minerals, coal, lignite, slate, or freestone
in or upon or under the land, with power to
work, win, use, possess, sell, and dispose of the
same, or any part thereof respectively, except
such as may be required by the lessee for the
lessee’s own use but not for sale or disposal; with
power also to the lessor to make roads through
the demised lands, and for such purposes or any
of them to erect or build houses and other con-
venient buildings thereon, on paying compensation
for damage done to the surface only, the amount
of such compensation in case of disagreement to
be ascertained and determined by arbitration.

(2.) The lessee shall and will during the term of the
lease pay the rent reserved thereby free and clear
from all deductions or abatements whatsoever,
and shall and will pay all rates, taxes, charges, or
assessments now made or hereafter during the
said term assessed, charged, or imposed upon
the demised premises, or tenant in respect
thereof, or upon any buildings or improvements
thereon; and in case any of the said rents shall
at any time be and continue in arrear and
unpaid for fourteen days next after any of the
days appointed for payment thereof, the lessee
will (if demanded) pay to the lessor interest upon
such arrears at the rate of £8 per centum per
annum, calculated from the time appointed for
the actual payment of such rent to the time of
actual payment thereof; and such interest shall
for all purposes, whether of distress or otherwise,
be deemed to be rent payable under the demise,
and be payable and recoverable by distress or
otherwise in the same manner as the rent reserved
under the demise may or can be.

(3.) The lessee “will insure in the name of the lessor.”
(4.) The lessee “will fence.”
(5.) The lessee “will paint outside every fourth year.”
(6.) The lessee “will cultivate,” and will preserve and
keep the demised premises in a clean and hus-
bandlike manner, free from all noxious weeds
growing or to grow on the said demised premises,
and will not plant on the demised premises, or
permit to spread thereon, gorse or furze, and will
keep properly cut and trimmed all live hedges and
fences on the demised premises.

(7.) No lessee shall transfer the possession or occupation
of the land leased to or occupied by him, or any
part thereof, by sale, underlease, or other dis-

position, except the Board shall sanction the
proposed transfer, and until such lessee has been
twelve months in possession or occupation of the
demised land.

(8.) When a statutory declaration is required from
any lessee, no transferee and no purchaser of
any lease under any power of sale vested in
any mortgagee, assignee, or trustee in bank-
ruptcy, shall be admitted into possession or
occupation of the land comprised in such lease
until he has deposited with the Board a statu-
tory declaration in the same form or to the same
effect.

(9.) Every lawful transferee of any lease, or purchaser
as aforesaid of any lease, shall have all the
rights and privileges, and be subject to the same
obligations, as the original lessee: Provided that
the transferor shall be liable for the instalment
of rent which shall become due next after such
transfer.

(10.) No transfer of any lease shall be valid unless all
the conditions upon which the lease was granted
have been complied with as to payment of rent
or otherwise up to the date of such transfer.

(11.) If any lessee or licensee shall fail to fulfil any of
the conditions of his lease within sixty days after
the day on which the same ought to be fulfilled,
his lease shall be liable to be forfeited, and he
shall be deemed, upon such forfeiture, to be in
illegal occupation of the land comprised in the
lease, and the Board may proceed for recovery
of possession thereof without prejudice to the
right of the lessor to recover any rent then due or
payable, or any right of distress, action, or suit
that may have arisen prior to such re-entry.

The foregoing conditions as regards leases shall operate
and shall be deemed to bind the Board and the lessee
as fully and effectively as if they were set forth in every
lease.

18. The lessee shall be liable for all rates, taxes, or assess-
    ments of every nature or kind whatsoever imposed upon
    the occupier of the lands included in his lease during the
    term for which he is lessee.

19. The Board, upon being satisfied that any lease has
    been lost or accidentally destroyed, may grant a new lease
    in lieu thereof, upon such terms and conditions and upon
    payment of such fee in each case as it shall think fit.
    When any indorsement is required to be made on any lease,
    and the same is lost or destroyed as aforesaid, the Board
    may grant a new lease in lieu thereof, and make the required
    indorsements thereon, or, if it shall so think fit, may incor-
    porate the substance of the indorsements with the terms of
    the original lease, and insert them together in the new lease.

20. The Board and the lessee shall each execute the lease
    in triplicate.

21. Every lease, after execution thereof as aforesaid, shall
    be registered by the Board under “The Land Transfer
    Act, 1885,” or any Act hereafter passed in lieu thereof, in
    like manner, as nearly as may be, mutatis mutandis, as a
    Crown grant is registered; and the lease which is retained in
    the office of the District Land Registrar shall form a folium
    of the register-book in such office, and on it all dealings there-
    with shall be registered; but no fee shall be payable by way
    of contribution to the assurance fund on the registration of
    any such lease.

All dealings with or transmissions of land comprised in
such lease shall be made in accordance with the provisions
of the last-mentioned Acts, and be in all respects subject
thereto.

22. All dealings with or under leases in contravention of
    the provisions of the said Act as to transfers of leases shall
    be absolutely void, and the District Land Registrar shall
    refuse to register any dealing with or under a lease until he
    is satisfied that the said provisions have been complied with.

23. Every lessee shall, within twelve months of the com-
    mencement of his term, and thereafter for a period of six
    consecutive years, reside on some portion of the lands leased
    by him.

This condition shall not apply to any person who has
acquired an interest in any lease under an intestacy or by
virtue of a will.

The Board may dispense with the necessity of such resi-
dence, in the case of bush or swamp lands, during the first
four years of the term, and altogether as to all lands if the
lessee resides on lands contiguous to the lands leased, or with
the concurrence of the Minister for any other sufficient
reason. Lands shall be deemed to be contiguous to each
other if only separated by a road or stream, or by such inter-
val of space* as the Board may in each case determine.

*The Council will be prepared to allow the term “interval of
space” to apply to residence anywhere outside the Ohotu, Taua-
kira, or Morikau Blocks.