Jan. 9.] THE NEW ZEALAND GAZETTE. 43

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36. In any case where the channel of any creek, or natural or artificial water-
    race or watercourse, runs on more sections than one, then each lessee on whose
    land any part of such channel runs shall have the right to the reasonable use and
    enjoyment of a reasonable proportion of the water that would flow in such channel
    if it were not stopped or diverted by any other lessee; and, for the purpose of
    securing such right as between the respective lessees, it is here declared that
    no lessee on whose land any portion of such channel runs shall at any time alter
    such portion, or stop or divert the water flowing therein, save to such extent as
    the Commissioner deems reasonable, and the decision of the Commissioner shall
    be final and conclusive.

37. The lease shall be in the form or to the effect set forth in the Third Schedule
    hereto, and may contain such additional provisions, not inconsistent with “The
    Land for Settlements Consolidation Act, 1900,” “The Land Laws Amendment
    Act, 1907,” or these regulations, as, with the approval of the Minister, the Land
    Board thinks fit.

AS TO PASTORAL LANDS.

38. In every case where pastoral lands acquired under “The Land for Settle-
    ments Consolidation Act, 1900,” are to be disposed of by way of renewable lease
    in accordance with the provisions of Part I of “The Land Laws Amendment
    Act, 1907,” the same shall be disposed of by the Land Board of the land
    district in the manner and on the terms and conditions hereinafter appearing.

39. Every lease shall be for the term of thirty-three years, to be reckoned
    from the 1st day of January or July following the date of the lease, and shall,
    in addition, include the period between the date of the lease and such day.
    The lease shall be dated as on the date whereon the Land Board declares that
    the applicant has succeeded in obtaining the allotment.

40. (1.) The land shall be divided into allotments of such area as the Land
    Board, with the approval of the Governor, thinks necessary for the profitable
    occupation thereof, although such areas may exceed the limits of area permissible
    independently of section 77 of “The Land Laws Amendment Act, 1907.”

(2.) To any such area of pastoral land there may be added any low-lying
land acquired under or subject to the provisions of “The Land for Settlements
Consolidation Act, 1900,” which the Land Board, with the approval of the
Governor, considers necessary for the proper working of the said pastoral land,
whether such low-lying land is or is not contiguous thereto.

41. The yearly rent in respect of each allotment shall be an amount
    equal to 4½ per cent. on the capital value of the land (exclusive of the buildings
    thereon), computed in manner prescribed by “The Land for Settlements Con-
    solidation Act, 1900,” and shall be payable in equal parts half-yearly in advance
    to the Receiver of Land Revenue, on the 1st day of January and the 1st day of
    July in each year, the first half-year’s rent being due on the 1st day of
    January or July first following the date of the lease, and being payable out
    of the prescribed deposit.

42. Every application shall be in the form or to the effect set forth in the
    Fourth Schedule hereto, and every applicant shall make the declaration therein
    set forth or to that effect.

43. No person shall be capable of applying for or holding any allotment in
    any of the following cases, that is to say:—

(1.) If at the date of his application he is, directly or indirectly, either by
himself or jointly or in common with any other person or persons,
the owner, tenant, or occupier of any land whatsoever under “The
Land for Settlements Consolidation Act, 1900,” or any former
Land for Settlements Acts, or the owner in fee-simple, or the
tenant or occupier under a lease for a term of more than one
year’s duration, of any other land in New Zealand which, with
the allotment applied for, would exceed in area 5,000 acres, com-
puted as prescribed by regulation 9, or the area of the allotment
applied for, whichever may be the greater area.