✨ Land Lease Regulations and Forms
MAR. 4.]
Regulation 32, it shall be lawful for the Commissioner, by
notice in writing to be given to the lessee, to revoke and
determine the several rights, powers, and liberties hereby
granted to the said lessee, and such rights, powers, and
liberties shall absolutely cease and determine upon delivery
of such notice, except so far as concerns and for the purpose
of enforcing any right of action which shall have accrued to
the Governor, or the Commissioner, by reason of any breach
of all or any of the covenants or conditions enumerated
in these regulations.
- The preliminary estimated value mentioned in Regulation 31 shall be for the purposes of computing the required deposit alone, and may be mutually agreed upon by the owner and lessee, but shall not be deemed to be the total price to be paid for the timber on any allotment, which shall be arrived at by an inspection of the books of the lessee or his agents from time to time. Such preliminary estimated value shall be allowed for and deducted from the last payments of royalty on account of the timber cut, removed, or sold from the allotment leased by the said lessee, provided that all the conditions of the lease have been fulfilled up to the time of completing the cutting and removal of the timber.
Minors.
- Any owner under the age of twenty-one years may himself or through his nearest relative apply to the Public Trustee to act as his guardian, and the Public Trustee, if he thinks fit, shall thereupon have full power to deal with such owner's allotment in terms of these regulations as if he were the owner thereof, and to authorise its lease, and receive all rents and royalties therefrom, applying the same in manner provided by "The Maori Real Estate Management Act, 1888," and its amendments.
General.
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In case any doubt shall arise as to the interpretation or meaning of any regulation herein contained, or any dispute shall arise between the lessee and Commissioner regarding any matter not provided for in these regulations, then and in such case the matter in dispute or doubt shall be referred to the Governor, whose decision shall be final and not subject to appeal.
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The signature of every owner to any document under these regulations must be attested by a licensed interpreter, who shall certify that prior to the execution of such document he read the same over to such owner in Maori, and explained the meaning thereof, and that such owner appeared to understand the same: Provided that if it shall be made to appear that any owner has a sufficient knowledge of the English language to enable him to read and thoroughly understand the meaning of these regulations and documents issued or prepared thereunder, it shall be sufficient if such owner signs any such document in the presence of a Justice of the Peace or solicitor, who shall certify that such owner has a sufficient knowledge of English to understand and that he does understand the meaning of the document signed by him and the transaction relating thereto.
SCHEDULE No. 1.
AUTHORITY TO LEASE AN ALLOTMENT OF LAND UNDER "THE SOUTH ISLAND LANDLESS NATIVES ACT, 1906."
To His Excellency the Governor of the Dominion of New Zealand,
care of the Commissioner of Crown Lands,
I HAVE the honour to authorise you to lease my allotment of land (Section , Block , Survey District), containing acres roods perches, in accordance with the provisions of the Regulations under "The South Island Landless Natives Act, 1906," dated the day of , 1909, and herewith enclose a fee of three guineas (£3 3s.) as part-payment of the necessary expenses of so doing.
I also undertake to defray all further expenses incurred in completing such leasing, on being notified by the Commissioner of Crown Lands of such additional amounts.
(Signature of owner.)
Witness to signature :
[Maori translation to follow.]
SCHEDULE No. 2.
New Zealand.
Register-book, Vol., fol. Application No.
Land District.
LEASE UNDER SECTION 11 OF "THE SOUTH ISLAND LANDLESS NATIVES ACT, 1906."
No.
THIS deed, made the day of , 19 , between His Excellency the Governor (who, with his heirs
and successors, is hereinafter termed "the lessor") of the first part, A. B., aboriginal Native (hereinafter termed "the owner"), of the second 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 third 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, with the consent and by the direction of the said owner, 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 intended to be hereby demised unto the lessee for the term of years, commencing from the 1st day of ; 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 also yielding and paying to the said Receiver of Land Revenue in respect of the value of the timber standing or growing upon the said land a royalty at the rate and upon the conditions set forth in the said regulations.
And it is hereby declared and agreed that these presents are intended to take effect as a lease under section 11 of "The South Island Landless Natives Act, 1906" (hereinafter termed the said Act); and the provisions of and regulations under the said Act applicable to such leases, so far as the same apply to the term, estate, or interest hereby granted or created, and to the relations between the lessor and lessee from time to time, shall 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 determined by the lessor in accordance with the special provisions of the aforesaid regulations; and the lessee shall not take or cause to be taken any steps or proceedings to set aside or call in question any award or decision which may be given upon any such reference as final.
In witness whereof His Excellency the Governor hath hereunto set his hand, and these presents have been also executed by the said lessee.
Signed by His Excellency the Governor in the presence of—
Signed by the above-named , as lessee, in the presence of—
SCHEDULE No. 3.
To His Excellency the Governor of the Dominion of New Zealand in Council.
THE humble petition of the several persons mentioned in the Schedule hereunder written showeth that,—
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Your petitioners are respectively entitled, under the provisions of "The South Island Landless Natives Act, 1906," to the allotments of land the numbers of which are set opposite their respective names in the Schedule hereunder written.
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Your petitioners request that you will lease all the said lands to , at the annual rental of £ per acre per annum, for the period of years from the day of , 19 , the timber being disposed of to the lessees at the rates and subject to the conditions set out in the regulations issued under the said Act.
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Your petitioners request that the following special conditions may be inserted in the lease:—
Your petitioners therefore humbly pray, &c.
Signature of Petitioner. Allotment No. Block. Survey District.
Witness to signatures:
NOTE.—This petition must be handed to the Commissioner of Crown Lands for the district in which the land is situated.
[Maori translation to follow.]
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NZ Gazette 1909, No 18