838
THE NEW ZEALAND GAZETTE.
[No. 23

27. (1.) When and so long as the payments so made are not less in the aggregate than 33 per cent. of the said capital value, the lessee shall for the residue of the term have possession of the land freed from all covenants and conditions contained or implied in the lease other than the covenant to pay rent and the conditions as to residence, but the lessee shall not thereby obtain any right to extract minerals or commit any other waste or depreciation of the land.
    (2.) All moneys so paid shall be a debt due by the Crown to the owner of the lease for the time being, and such debt shall run with the lease, and shall be payable when the lease is renewed or is determined by effluxion of time, forfeiture, surrender, or otherwise.
    (3.) At any time during the currency of the lease any moneys so paid shall, so far as they exceed 33 per cent. of the capital value, be repaid on the application of the person entitled thereto, and thereupon the rent payable under the lease shall be adjusted proportionately.
28. All moneys so paid by a lessee shall be paid into the Land for Settlements Account, and shall be available for the purposes of the said Act.
29. The lessee shall not open up any mine on the land comprised in his lease without the previous permission of the Commissioner in writing.
30. The full and free right to enter on the land comprised in the lease and search for and take and remove gravel or stone for making or maintaining roads is reserved to His Majesty: Provided that the lessee shall be entitled to compensation for any surface damage caused thereby, but to no other compensation or remedy whatsoever.
31. The lessee shall not cut down or remove any of the trees growing on the land demised without the consent of the Commissioner in writing first obtained.
32. In the event of the forfeiture or surrender of the lease, the provisions of “The Land Act, 1908,” respecting valuation of improvements and the payment or other disposal thereof shall, so far as the same are applicable, apply to the improvements made by the lessee.
33. For the purpose of distinguishing the improvements existing on the land at the date of the lease from those subsequently made by the lessee, the first-mentioned improvements and their value shall be fixed by the Land Board, and be specified in the lease: Provided that to the extent to which the lessee pays the aforesaid instalments in respect of the value of buildings, to the same extent shall such buildings be deemed to be improvements made by him.
34. The right is reserved to the Crown or to its delegated authority to take water-races and to lay water-pipes over any lands disposed of, without compensation; the rentals of the sections to be reduced in proportion to the area taken when any such right has been exercised.
35. 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.
36. 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 said Act or these regulations, as, with the approval of the Minister, the Land Board thinks fit.

AS TO PASTORAL (THIRD CLASS) LANDS.

37. In every case where pastoral lands acquired under the said Act are to be disposed of by way of renewable lease in accordance with the provisions of Part III of “The Land Act, 1908,” 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.
38. 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.
39. 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 areas 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 46 of the said Act.
    (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 said Act 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. (1.) 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 section 45 of the said Act, 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.
    (2.) With the first half-yearly payment rent shall also be paid for the period elapsing between the date of the lease and the due date of such half-yearly payment.
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 :—