Land Regulations and Settlement




1486
THE NEW ZEALAND GAZETTE.
[No. 40

portion of the subdivision then in use by the lessee, as may
be required for settlement or for any public purpose, and no
compensation shall be payable by reason of such resumption.
24. If payment of rent or royalty is not made within thirty
days of its becoming due, the Board shall have power to
forfeit the lease without payment of compensation to the
lessee therefor.
25. The Board shall have power to make such additional
conditions, as it thinks fit, to be included in any lease issued
under the said section 72 and these regulations so long as
they are not inconsistent therewith.
26. No lease shall be granted under these regulations
unless with the consent of the Minister first obtained.
27. All the provisions of “The Land Act, 1892,” and its
amendments, including mode of application (except statutory
declaration), shall, as far as applicable, be observed by the
lessee and deemed to apply to any lease issued under these
regulations, except the provisions regarding residence and
improvements.

SCHEDULE.
Form No. 1.
LEASE UNDER SECTION 72 OF THE LAND LAWS AMENDMENT
ACT, 1907.
No.

This deed, made the day of , 19 , between
His Majesty the King (who, with his heirs and successors,
is hereinafter termed “the lessor”), of the one part, and
, of , in the Land District of , in
the Dominion of New Zealand (hereinafter, with
executors, 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 and perches, a little more or less, situated in
the Land 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 in-
tended to be hereby demised unto the lessee for the term of
seven [or fourteen] years, commencing from the 1st day of
, subject to the conditions set forth in the Schedule
hereto, and subject also as hereinafter mentioned; yielding
and paying therefor unto the Receiver of Land Revenue
for the said District of the annual rent of
(£ ), payable half-yearly in advance on the 1st day
of January and 1st day of July in each and every year during
the said term, free from all deductions whatsoever.
And it is hereby declared and agreed that these presents
are intended to take effect as a lease under section 72 of the
Land Laws Amendment Act, 1907, and the regulations made
thereunder; and the provisions thereof respectively, and of
“The Land Act, 1892,” so far as the same apply to the term,
estate, or interest hereby granted or created, shall apply and
be binding in all respects upon the parties hereto in the
same manner as if such provisions had been fully set out
herein.
And it is hereby further declared 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 disagreement shall be referred to
arbitration in the manner set forth in section 79 of “The
Land Act, 1892”; and neither of the said parties shall take
or cause to be taken any steps or proceedings 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 Commissioner of Crown Lands for
the Land District of , on behalf of the lessor, hath
hereunto set his hand, and these presents have also been
executed by the said lessee.
Scale : chains to an inch.
Signed by the said Commissioner, on behalf of the said
lessor, in the presence of—
Signed by the above-named as lessee in the pre-
sence of—

SCHEDULE.
Conditions.

  1. The lease is granted for the purposes of making wood-
    pulp for paper-manufacture only. The lessee shall have the
    right to cut timber for the purposes aforesaid, and for use
    in connection with buildings or any other purposes in con-
    nection with the manufacture of wood-pulp, but shall have
    no right to remove or sell any such timber except in the form
    of wood-pulp.
  2. The lessee shall, within one year from the date of the
    lease, commence the erection of the machinery required,
    failling which the lease shall lapse.
  3. The rent payable on the license may be remitted by the
    Governor, on the recommendation of the Land Board, for
    such period as may have elapsed before the lessee shall have
    manufactured tons of wood-pulp.
  4. Royalty shall be payable half-yearly with the rent at
    the rate of per ton on wood-pulp manufactured, and
    so often as the royalty so payable exceeds the rent, such
    rent for the period during which the wood-pulp was manu-
    factured shall be remitted and shall be credited as part-pay-
    ment of royalty for such period; provided that the Governor,
    on the recommendation of the Land Board, may remit the
    royalty on the first tons of wood-pulp manufactured.
  5. The lessee shall, on the 1st day of January and the
    1st day of July in each and every year during the term of
    the lease, forward to the Commissioner of Crown Lands a
    declaration, signed before a Justice of the Peace, showing
    the total amount of wood-pulp manufactured, and royalty
    shall be payable on the amount so declared.
  6. The lessee shall keep a book in which he shall record
    each day the number of cords of timber cut and the amount
    of wood-pulp manufactured, and such book shall be avail-
    able for inspection at any time by the Commissioner of
    Crown Lands or other officer appointed by him.
  7. If the lessee shall fail to keep the plant working con-
    tinuously, the Governor may, on the recommendation of the
    Land Board, after not less than six months’ notice, cancel
    the lease.
  8. On application to the Warden for the district in which
    the land is situated, or to the Commissioner of Crown Lands
    in the event of the land being situated outside a mining dis-
    trict, the lessee shall have the right to utilise the water of
    any stream within the area granted for a term not exceeding
    the unexpired balance of the term of his lease, without
    payment of rent.
  9. The lessee shall have no right to depasture stock on the
    area, except such is required for use in connection with the
    manufacture of wood-pulp; nor shall he have any right to
    minerals found on the area, nor to the use of the surface
    soil.
  10. The lessee shall prevent the destruction or burning of
    timber, and shall be liable for all damage done through the
    negligence of himself or his servants.
  11. Free right of access to the public shall be reserved
    over such portion of the area granted as is not occupied by
    the lessee’s buildings, machinery, &c.
  12. The holders of miners’ rights shall have the right to
    prospect over the area, and the Warden may grant mining
    privileges over such portion of the area as is not occupied
    by the lessee’s machinery or buildings, and thereupon the
    lease shall be cancelled in respect to the area so granted.
  13. The right shall be reserved to the Crown or local
    authorities to take roads, &c., through the area, and to cut
    any timber required in connection with such roads, &c.,
    without any right to compensation accruing to the lessee.
  14. The Governor, on the recommendation of the Land
    Board, may resume from the area such land, not being por-
    tion of the subdivision then in use by the lessee, as may be
    required for settlement or for any public purpose, and that
    without payment of any compensation for or on account of
    such resumption.
  15. The lessee shall have the right to construct and main-
    tain on any portion of the whole area hereby leased such
    roads and tramways as are required in connection with the
    systematic working of the area.

As witness the hand of His Excellency the Governor,
this fourteenth day of May, one thousand nine
hundred and eight.

ROBERT MCNAB,
Minister of Lands.

Opening Settlement Lands in Canterbury Land District for
Selection.

PLUNKET, Governor.

IN pursuance and exercise of the powers and authorities
conferred upon me by “The Land Act, 1892,” “The
Land for Settlements Consolidation Act, 1900,” and their
amendments, I, William Lee, Baron Plunket, the Governor
of the Dominion of New Zealand, do hereby declare that the
settlement lands described in the Schedule hereto shall be
open for selection on renewable lease on Friday, the
nineteenth day of June, one thousand nine hundred and
eight, at the rentals mentioned in the said Schedule; and I



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1908, No 40





✨ LLM interpretation of page content

🌾 Lease Regulations for Wood-Pulp Industry

🌾 Primary Industries & Resources
14 May 1908
Land lease, Wood-pulp industry, Paper-making, Timber, Regulations, Lease terms, Royalty, Public purpose, Mining rights
  • Robert McNab, Minister of Lands

🗺️ Opening Settlement Lands in Canterbury for Selection

🗺️ Lands, Settlement & Survey
19 June 1908
Land selection, Canterbury, Settlement lands, Renewable lease, Rentals, Public lands
  • William Lee, Baron Plunket, Governor