896
THE NEW ZEALAND GAZETTE.
[No. 25

SCHEDULE.

As witness the hand of His Excellency the Governor, this fourth day of March, one thousand nine hundred and nine.

J. G. WARD,
Minister of Lands.

Flax Regulations under “The Land Act, 1908.”

PLUNKET, Governor.

IN pursuance and exercise of the powers conferred by sections three and three hundred and thirteen of “The Land Act, 1908,” I, William Lee, Baron Plunket, the Governor of the Dominion of New Zealand, do hereby revoke the regulations for the granting of flax leases dated the eighteenth day of February, one thousand nine hundred and eight, made under “The Land Act, 1892,” and “The Land Laws Amendment Act, 1907,” and in lieu thereof do hereby make the following regulations, and declare that such revocation shall take effect and the regulations hereby made shall come into force on the day of the publication thereof in the New Zealand Gazette :—

REGULATIONS.

1. In these regulations, if not inconsistent with the context,—
   “Board” means the Land Board of the land district in which is situated the land or flax to be dealt with :
   “Commissioner” means the Commissioner of Crown Lands for the land district above described :
   “Minister” means the Minister of Lands.

2. The Board may, with the approval of the Minister, lease by auction, for growing, cutting, or removing flax, any area not exceeding 2,000 acres, for a term not exceeding fourteen years, at such upset yearly rental as may be determined by the Board.

3. Before any area is so leased, or any flax is in any way disposed of, the Board shall obtain a report from a Crown Lands Ranger, or other suitable officer, as to the estimated quantity, position, and value of the land or flax proposed to be dealt with.

4. On the expiration of the said lease a new lease may be granted to the former lessee, without auction, for a further term not exceeding fourteen years, at a rental to be determined by the Board not sooner than twelve months nor later than six months before the expiration of the first term.

5. The Board may also issue a provisional license to occupy any rural land, not exceeding 200 acres in area, for any term not exceeding three years, and the holder of such provisional license may at any time during the currency of the license apply for and, if the Board sees no objection thereto, obtain a lease of the lands held under such license, and such lease shall be granted for any term not exceeding twenty-one years, at such annual rental and subject to such conditions as the Board may determine.

6. In disposing of flax areas by lease or license the Board may, if it thinks fit to do so, place an upset price upon the standing crop of flax at the time of such disposal, which may be either by auction, tender, or application and ballot. Payment of the price realised at such disposal shall be made as follows :—

(a.) If the price is £100, or under, one-fifth thereof shall be paid in cash at the time of disposal, and the balance within seven days.

(b.) If the price is over £100, one-quarter thereof shall be paid in cash at the time of disposal, and the balance may be paid by promissory notes indorsed to the satisfaction of the Commissioner, for such periods as he may fix, interest at the rate of 5 per centum per annum being added to the amount of same. If he wishes, the purchaser may pay the balance of the price in cash.

7. The Board may also, in disposing of flax areas by provisional license, fix an upset annual rental upon the land so disposed of, and such upset rental shall be the rental payable by the lessee or licensee if the land is disposed of by application, but if the land is offered by auction the upset rental shall be subject to advance thereat.

8. In no case shall the flax growing upon the land disposed of by lease or license be cut oftener than once in three years without the express permission of the Commissioner in writing previously obtained. The manner and method of cutting shall be subject to the approval of the Commissioner, and any cutting in disregard of his decision shall entail forfeiture of the lease or license issued over the land in question.

9. At the termination of any lease or license all flax growing or planted on the land included in such lease or license shall become the property of the Crown, and no compensation therefor shall be payable to the lessee or licensee.

10. The lessee or licensee shall use every precaution to prevent any flax or timber growing on the land leased or occupied by him being destroyed by fire during the currency of his lease or license, and no compensation for the destruction of any flax from any cause whatever on the land leased or occupied by such lessee or licensee shall be payable by the Crown.

11. The lessee or licensee shall also take every care to protect the flax or timber growing on the land leased or occupied by him from damage or destruction by the trespass or grazing of cattle, from flood, or from improper or careless methods of cutting, or otherwise; and the Commissioner shall have power to determine the lease or license at any time during its currency if, in his opinion, the value of the flax growing on the land so leased or occupied is deteriorating through the neglect or fault of the lessee or licensee.

12. No compensation whatever shall be payable to any lessee or licensee at the termination of his lease or license for any improvements he may have effected on the land leased or occupied by him, unless a special provision to that effect is included in his lease or license; but the Board may, if it thinks fit, allow a lessee or licensee to remove any buildings or plant erected on such land during the currency of his lease or license.

13. No lessee or licensee shall be allowed to transfer, mortgage, or sublet his lease or license without the written consent of the Board previously obtained.

14. In any lease or license to be issued under these regulations there shall be reserved the right for the Crown, where necessary, to cut drains and to survey and take roads through the land leased without any compensation for so doing being payable to the lessee or licensee.

15. The Commissioner and any person duly authorised by him shall have full power during the currency of any lease or license to enter upon and inspect the land so leased or licensed, and any improvements, plant, or machinery erected thereon, at any time.

16. Rights of passage are reserved for the public along any tracks or road-lines now existing or which may be surveyed or taken during the continuance of the lease or license on the land leased or licensed under these regulations.

17. Should any system of drainage exist or be brought into force in the district wherein is situated any land leased or licensed under these regulations, whether before or after the issue of such lease or license, any drains running through the lands so leased shall be made to connect and conform with such system.

18. Should any land offered for lease or license not be disposed of at the time of offering, it shall remain open for further disposal for a period of six months on the same terms and conditions as it was originally offered, unless the Board withdraws it from disposal.

19. The lessee or licensee shall keep the land leased or occupied by him clear of all noxious weeds during the term of his lease or license.

20. It shall be at the option of the Commissioner whether the land leased or licensed under these regulations shall or shall not require to be surveyed prior or subsequent to the issue of such lease or license, and in case of any doubt or dispute with respect to its boundaries or area his decision shall be final and conclusive.

21. Should any lease or license under these regulations be issued over any land on which kauri-gum exists, whether such land is or is not included within a kauri-gum reserve, the lessee or licensee shall have no right to dig for or take any kauri-gum on or from such land.