✨ Land Regulations and Arbitration
Mär. 11.] THE NEW ZEALAND GAZETTE 745
REGULATIONS.
- Every notice of intention to purchase the fee-simple
of the land comprised in a lease in perpetuity shall be in the
form set forth in the First Schedule hereto, and shall be
made and signed by the lessee, and forwarded to or deposited
with the Commissioner of Crown Lands for the land district
in which the land referred to in the notice is situated. - Such notice shall be accompanied by a declaration in
the form set forth in the Second Schedule hereto, duly made
and signed by the lessee. - Such notice shall also be accompanied by a fee of five
pounds five shillings as part-payment of the costs and
expenses incidental to the exercise of the right of purchase. - Should the lessee not purchase the fee-simple of the
said land after the valuation thereof has been made and
within the prescribed period, all fees paid by him shall be
forfeited to the Crown, and he shall pay all additional ex-
penses incurred by the Commissioner, or his officers or
agents, in connection with such application to purchase the
fee-simple. - Should the expenses of the valuation not amount to the
sum deposited by the lessee he shall be entitled to a refund
of such difference, and if the expenses of valuation exceed the
amount deposited the lessee, on being notified thereof, shall
pay the excess to the Commissioner.
FIRST SCHEDULE.
NOTICE OF INTENTION TO PURCHASE FEE-SIMPLE OF LEASE
IN PERPETUITY.
To the Commissioner of Crown Lands,
I, [Name in full], of [Address], [Occupation], hereby give
notice of my intention, under section 177 of "The Land
Act, 1908," to purchase the fee-simple of Section
Block , Survey District, containing
acres roods perches, held by me under lease
in perpetuity, and I undertake to pay the purchase-money
of the said land within one year from the date hereof.
I attach a declaration that I do not own more than the
area of land prescribed by section 97 of the above Act, and
also enclose a fee of £5 5s. towards payment of costs in-
cidental to the purchase.
(Signature of lessee.)
Notice received by me on the day of , 19
, Commissioner of Crown Lands.
Fee of £5 5s. received.
, Receiver of Land Revenue.
Remarks.
Name of appraiser appointed by Land Board:
Date of valuation made by appraiser:
Amount of valuation of fee-simple: £
Copy of valuation delivered to lessee on
Notice received from lessee that he (accepts)
refuses valuation:
(If lessee refuses such valuation, arbitration to be made
as prescribed by section 187 of above Act.)
Amount of valuation as finally fixed: £
Date of payment of purchase-money by lessee:
Costs incidental to above Purchase.
£ s. d.
Expenses of appraisalment ..
arbitration (if any) ...
Departmental expenses ..
Miscellaneous ..
Total ..
SECOND SCHEDULE.
DECLARATION ON APPLYING FOR THE PURCHASE OF THE
FEE-SIMPLE OF A LEASE IN PERPETUITY UNDER SECTION
177 OF "THE LAND ACT, 1908."
I, A. B., of , do solemnly and sincerely declare,-- - That I am, subject to the provisions of "The Land Act,
1908," applying for the purchase of the fee-simple of Section
, Block , Survey District, solely for
my own use and benefit, and not directly or indirectly for the
use or benefit of any other person or persons whomsoever. - That, including the land to which this application
relates, I am not the owner, holder, or occupier under any
tenure of more than one year's duration, either severally or
jointly or in common with any other person, of any land any-
where in New Zealand exceeding in the whole 5,000 acres
of land, computed as follows:--
(a.) Every acre of first-class land is reckoned as 7½ acres;
(b.) Every acre of second-class land is reckoned as
2½ acres;
(c.) Every acre of third-class land is reckoned as 1 acre.
And I make this solemn declaration conscientiously be-
lieving the same to be true, and by virtue of "The Justices
of the Peace Act, 1908."
A. B.
Declared at , this day of , 19 ,
before me— , a Justice of the Peace for New Zealand.
ALEX. WILLIS,
Clerk of the Executive Council
Arbitration Regulations under "The Land Act, 1908."
PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this ninth day
of March, 1909.
Present:
His Excellency The Governor in Council.
WHEREAS by section one hundred and eighty-seven of
"The Land Act, 1908" (hereinafter referred to as "the
said Act"), it is enacted that the Governor may, by Order in
Council, determine by regulations the powers and duties of
arbitrators, their mode of appointment, the procedure to be
observed in any arbitration relative to a renewable lease
under the said Act, and the payment of the costs thereof:
Now, therefore, His Excellency the Governor of the
Dominion of New Zealand, in pursuance and exercise of the
power and authority conferred by the said Act, and acting
by and with the advice and consent of the Executive Coun-
cil of the said Dominion, doth hereby revoke the regulations
dated the twenty-third day of March, one thousand nine
hundred and eight, and published in the New Zealand
Gazette of the second day of April, one thousand nine
hundred and eight, made under section twelve of "The
Land Laws Amendment Act, 1907," and doth hereby make
the following regulations for the purposes of the said Act, and
declare that such regulations shall come into force on the
day of the publication thereof in the New Zealand Gazette:--
REGULATIONS. - In these regulations, if not inconsistent with the con-
text,--
"Commissioner" means the Commissioner of Crown
Lands for the land district in which is situated the
land required to be valued by the arbitrators, or
officer acting for him:
"Lessee" means the lessee of the land the subject of
arbitration:
"The said Act" means "The Land Act, 1908." - When the lessee desires that the land leased by him, or
the improvements thereon, or the amount of rental, shall be
valued by arbitration under the said Act, he shall give
written notice thereof to the Commissioner, upon receipt of
which the Commissioner shall, by writing, require the lessee
to appoint an arbitrator. - Within two months from the date of such notice the
Commissioner and lessee shall mutually notify each other
of the appointment of an arbitrator in the form given in
Schedule A hereto. - Each such notification of an appointment shall be
accompanied by a declaration duly made and signed by the
arbitrator named in such notification, in the form given in
Schedule B hereto. - A fee of £10 10s. must accompany the notification
given by the lessee to the Commissioner, such fee to form
part of the payment of expenses of the arbitrator appointed
by the Commissioner and the third arbitrator appointed as
provided in section 187 of the said Act. - If the lessee fails to appoint an arbitrator within two
months after being required so to do by notice in writing
from the Commissioner, the lessee shall lose his right of
having the matter valued by arbitration, and shall be bound
by the valuation already made. - Within one month from the date of appointment of
both arbitrators they shall meet and mutually appoint a
third arbitrator, and notify the Commissioner of such
appointment in the form given in Schedule C. - In the event of both arbitrators failing to agree as to
such appointment, the third arbitrator shall be appointed by
a Judge of the Supreme Court on the application of the
Commissioner or of the lessee. - The third arbitrator shall also make the declaration in
the form given in Schedule B hereto.
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✨ LLM interpretation of page content
🗺️ Regulations for Purchase of Fee-Simple of Lease in Perpetuity
🗺️ Lands, Settlement & Survey9 March 1909
Leasehold, Fee-simple purchase, Land Act 1908, Crown Lands, Application process, Fees, Forfeiture
- Commissioner of Crown Lands
- Receiver of Land Revenue
- A. B.
- Justice of the Peace for New Zealand
- ALEX. WILLIS, Clerk of the Executive Council
🗺️ Arbitration Regulations under The Land Act, 1908
🗺️ Lands, Settlement & Survey9 March 1909
Land Act 1908, Arbitration, Lease valuation, Arbitrators, Regulations, Order in Council
- PLUNKET, Governor
- His Excellency The Governor
- Commissioner of Crown Lands
- Lessee
- Judge of the Supreme Court
NZ Gazette 1909, No 20