APRIL 8.] THE NEW ZEALAND GAZETTE. 971

SCHEDULE.

Form No. 1.

LEASE UNDER SECTION 141 OF “THE LAND ACT, 1908.”

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 intended to be hereby demised unto the lessee for the term of seven [fourteen or twenty-one] 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 141 of “The Land Act, 1908,” and the regulations made thereunder; and the provisions thereof respectively, and of “The Land Act, 1908,” 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 80 of “The Land Act, 1908”; 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 presence of—

SCHEDULE.

Conditions.

1. The lease is granted for the purposes of making wood-pulp for paper-manufacture only, and on the distinct understanding that the lessee accepts all responsibility for the suitability of the timber for wood-pulping purposes. 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 connection 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, failing which the lease shall lapse.

3. The lessee shall complete the erection of the mill within such time as the Commissioner of Crown Lands thinks reasonable.

4. 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 20 tons of wood-pulp.

5. Royalty at the rate of £1 per ton on wood-pulp manufactured during the preceding six months shall be payable on the 1st days of January and July in each and every year, and so often as the royalty so payable exceeds the rent, such rent for the period during which the wood-pulp was manufactured shall be remitted and shall be credited as part-payment of royalty for such period; provided that the Governor, on the recommendation of the Land Board, may remit the royalty on the first 20 tons of wood-pulp manufactured.

6. 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 during the preceding six months, and royalty shall be payable on the amount so declared.

7. 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 available for inspection at any time by the Commissioner of Crown Lands or other officer appointed by him.

8. If the lessee fails to keep the plant working continuously, or to work and use the timber on the land leased by him in a manner satisfactory to the Board, the Governor may, on the recommendation of the Land Board, after not less than three months’ notice, cancel the lease.

9. 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 district, the lessee shall have the right to utilise the water of any stream within the total area leased for a term not exceeding the unexpired balance of the term of his lease, with or without payment of rent therefor as may be determined by the Warden or Commissioner.

10. Except with the written permission of the Board, the lessee shall have no right to depasture stock on the area leased, and then only such as are required for use in connection with the manufacture of wood-pulp.

11. The lessee shall not have any right to minerals found on the area leased, nor to the use of the surface soil.

12. The lessee shall prevent by all means in his power the destruction or burning of timber, and shall be liable for all damage done through the negligence of himself or his servants.

13. Free right of access to the public shall be reserved over such portion of the area leased as is not occupied by the lessee’s buildings, machinery, &c.

14. The holders of miners’ rights shall have the right to prospect over the area leased, 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.

15. The right shall be reserved to the Crown or local authorities to take roads, &c., through the area leased, and to cut any timber required in connection with such roads, &c., without any right to compensation accruing to the lessee.

16. The Governor, on the recommendation of the Land Board, may resume from the area subdivided such land, not being portion 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.

17. The lessee shall have the right to construct and maintain on any portion of the whole area leased such roads and tramways as are required in connection with the systematic working of the area.

18. The property leased shall at all reasonable times be open to inspection by any person duly authorised or appointed by the Commissioner; and the lessee shall give to the person making such inspection all such information and assistance as may be required to enable a full report to be given to the Commissioner or Board, as the case may be.

19. 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.

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

J. G. WARD,
Minister of Lands.

Lands temporarily reserved for Railway Purposes in the Marlborough Land District.

PLUNKET, Governor.

WHEREAS by the three-hundred-and-twenty-first section of “The Land Act, 1908,” it is enacted that the Governor may from time to time, either by general or particular description, and whether the same has been surveyed or not, reserve from sale temporarily, notwithstanding that the same may be then held under pastoral license, any Crown lands which in his opinion are required for any of the purposes in the said section mentioned :