JULY 4.] THE NEW ZEALAND GAZETTE. 2015

In cases of youths who may become lessees, and who are
living within the Maori land district and are residing with
their parents or near relatives, the Board may dispense with
residence until four years after the commencement of the
term.

When any two lessees shall lawfully intermarry, the Board
may dispense with residence by either of such lessees on the
lands comprised in one of the leases.

24. Every lessee shall bring into cultivation—
    (a.) Within one year from the date of his lease, not less
    than one-twentieth of the land leased by him;
    (b.) Within two years from the date of his lease, not less
    than one-tenth of the land leased by him;
    (c.) Within four years from the date of his lease, not
    less than one-fifth of the land leased by him;
    and shall, within six years from the date of his lease, in
    addition to the cultivation of one-fifth of the land, have put
    substantial improvements of a permanent character on first-
    class land to the value of £1 for every acre of such land, and
    on second-class land to an amount equal to the net price of
    every acre of such land: Provided that in no case shall the
    additional improvements required on second-class land be
    more than 10s. per acre.

The terms “improvements,” “substantial improvements,”
and “substantial improvements of a permanent character,”
mean and include reclamation from swamps, clearing of
bush, gorse, broom, sweetbriar, or scrub, cultivation, plant-
ing 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
erect on of any building.

25. Whenever a lease is to be sold or otherwise disposed of,
    the valuation of the improvements shall, in all cases where
    it is not otherwise provided by the said Act, be made as by
    section thirty-three hereinafter provided; and payment of
    such valuation shall be made to the Board on or before the
    day of the commencement of the term of the new lease by
    the purchaser of such lease.

Whenever a lease is forfeited for breach of conditions, the
Board shall cause such valuation to be made on recovering
possession of the land.

26. The amount of the valuation of the improvements,
    when paid by the purchaser of a new lease, shall be paid by
    the Board to the original lessee, less any arrears of rent or
    other moneys due in respect of such land by the outgoing
    tenant; and, in case of forfeiture, less also the amount of
    expenses incurred in recovering possession of the land and
    the lease or other disposal thereof.

27. In every case of the forfeiture of a lease for breach of
    conditions, the payment of the amount of the valuation of
    improvements, or of any part thereof, shall be absolutely at
    the discretion of the Board.

28. If payment of any such valuation is not made as afore-
    said, the Board may sue for and recover the same in any
    Court of competent jurisdiction from the person who should
    make such payment.

29. In any case where a lease is granted with a right of
    renewal for one further term only, not exceeding twenty-one
    years, the Board shall, on the expiration of such further
    term, or on the expiration of the original term, or, in the
    case of a lease where the right of renewal is perpetual, on the
    expiration of any term, if the right of renewal has in any
    case been surrendered or otherwise determined, weight the
    land with the value of the improvements of the outgoing
    tenant on again offering it for lease; or the Board may in its
    discretion retransfer the land to the Native owners on pay-
    ment of the value of the improvements and all other charges
    to which the land may be lawfully subject. The value of
    such improvements, or the balance thereof, after deducting
    any amounts which may be due to the Board by the outgoing
    lessee, shall, when recovered by the Board, be paid over to
    him.

30. No outgoing tenant shall have any right or claim
    against the Maori owners or the Board in respect of the
    value of any improvements made by him on the lands in his
    occupation, in case any person shall fail to pay such value
    to the Board:

Provided that in any such case of failure the Board may
retransfer the land to the Native owners on payment of such
value and all other charges to which the land may be law-
fully subject.

31. All claims for compensation in respect of any matters
    arising under the said Act, or for value of improvements or
    other matters, shall, unless otherwise specially provided, be
    settled in the manner provided in Part III of “The Public
    Works Act, 1905,” for which purpose the said Part III
    shall be deemed to be incorporated with the said Act.

In every such claim the Board shall be the respondent.

32. Where it is provided or agreed that any matter shall
    be referred to arbitration, then such reference, unless herein
    otherwise provided, shall be to one or more arbitrators

D

appointed by the parties on each side respectively, and an
umpire to be appointed by such arbitrators.

(a.) If either party shall fail to appoint an arbitrator
within twenty-one days after being requested in
writing to do so by the other party, then the
arbitrator appointed by the other party shall alone
conduct the arbitration, and his decision shall be
final and binding on both parties.

(b.) If the said arbitrators shall fail to agree upon the
matter referred to them within twenty-eight days
of the same having been so referred, then the
matter so referred shall be decided by an umpire
to be appointed by the said arbitrators, whose
decision shall be final and binding on both
parties.

(c.) Every such arbitration shall be carried on in the
manner prescribed by ‘‘The Arbitration Act,
1890,”’ and be subject to such last-mentioned
Act in the same manner as if the reference to
such arbitration had been made by consent of
parties under a deed.

(d.) Each party shall pay his or its costs of such refer-
ence, and any costs incidental to the appointment
of an umpire shall be paid equally by the parties
to the arbitration.

(e.) Such arbitrators or umpire shall have all the powers
vested in Commissioners by “The Commissioners’
Powers Act, 1903,” as well as all the powers given
to them by “The Arbitration Act, 1890.”

33. Not sooner than one year and not later than three
    months before the end of the original or renewed term for
    which the lease is granted, a valuation shall be made by
    arbitration, or in some other manner that may be agreed
    upon between the Board and the lessee, of the then value
    of the fee-simple of the lands then included in the lease,
    and also a valuation of all substantial improvements of a
    permanent character made by the lessee during the term
    and then in existence on the land then comprised in the
    lease.

The publishing of the valuations made as aforesaid may
be effected by serving a copy of the same on the lessee
and another copy on the Board; and thereafter, but
not later than two months before the expiry of the term
for which the lessee then holds the lands, the lessee shall
elect, by notice in writing delivered to the Board, whether
he will accept a fresh lease of the said lands for a further term
of twenty-one years from the expiration of the then term, at a
rental equal to not less than five pounds per centum on the
gross value of the lands after deducting therefrom the value
of the substantial improvements of a permanent character
as fixed respectively by the valuation.

34. If the lessee shall not elect to accept a renewal as
    above mentioned, or shall refuse or neglect to execute a lease
    within seven days after the same is tendered to him for
    the purpose, a lease of the said lands shall, not later than
    one month before the end of the term for which the ter-
    minating lease was granted, be put up to public compe-
    tition by public tender for such term of twenty-one years,
    on the following terms and conditions:—

(a.) The upset rent shall be such rent as shall be fixed
by the Board, not being a greater sum than that
at which the lease was offered to the outgoing lessee
under the last preceding clause.

(b.) The amount of such upset rent shall be stated in the
advertisements calling for tenders; and it shall be a
condition of tender that the tenderer shall, together
with his tender, deposit the amount of one half-year’s
rent, which shall be returned to him if he fails to ob-
tain the lease.

(c.) If any person other than the outgoing lessee be declared
the purchaser, he shall, within seven days after the
day fixed for opening the tenders, pay over to the
Board the amount of the value of the substantial
improvements of a permanent character as fixed in
manner provided by the last preceding clause.

(d.) When the day has arrived on which the terminating
lease expires, or thereafter, if the Board shall have
satisfied itself that the outgoing lessee has let the
new lessee into quiet possession of the lands to be
leased, and that none of the improvements on the
lands which were thereon when the valuations men-
tioned in the last preceding clause were made have
been destroyed or appreciably damaged, the Board
shall pay over to the outgoing lessee the amount re-
ceived by it from the incoming lessee as aforesaid.

(e.) If any of the improvements as mentioned in the pre-
ceding subclause have been destroyed or appreciably
damaged, as in the said subclause referred to, then
the value of the improvements so destroyed, or the
cost of repairing such damage, shall be decided by
the Board or some person appointed by it; and
the amount so fixed, with the costs attending such
decision, shall be deducted from the amount payable