1426
THE NEW ZEALAND GAZETTE.
[No. 40

4. Improvements.—Lessee shall bring into cultivation—
   (a.) Within one year from the date of his lease, not less than one-twentieth of the land;
   (b.) Within two years, not less than one-tenth;
   (c.) Within four years, not less than one-fifth;
   and shall within six years, in addition to the cultivation of one-fifth of the land, put substantial improvements of a permanent character to the value of £1 for every acre of first-class land, and 10s. for every acre of second-class land.

5. Compensation for Improvements.—Compensation for improvements shall be payable by the Native owners at the expiration of the full term of fifty years, the amount to be assessed by arbitration, but not to exceed—
   (a.) In the case of sections of 75 acres and under, the sum of £150.
   (b.) In the case of other sections, £2 per acre; but in no case shall the compensation payable by the Native owners on any one section exceed the sum of £1,000.

6. If at the expiration of fifty years the owners are unable to pay such compensation, then the section loaded with the amount of the improvements (which amount shall not exceed the sums specified in paragraph 5) shall be put up to auction for a further term of twenty-five years at the best rent obtainable, and without compensation for improvements. Out of the amount received for the improvements the sum to which the outgoing lessee is entitled shall be paid to him.

7. Should the lessee at the end of the first term of twenty-five years refuse to accept the renewal, the value of the improvements shall be assessed by arbitration, and the lease loaded with such value shall be sold by auction or tender. The amount received for the improvements, less any sum owing to the Board, shall be paid to the outgoing lessee. But the outgoing lessee shall have no right or claim against the Maori owners or the Board in respect of the value of any improvements made by him on the lands in his occupation in case any person shall fail to pay such value to the Board.

8. If the lease is during the term of fifty years forfeited for any breach of condition, then the payment of the amount of the valuation of improvements is absolutely at the discretion of the Board.

9. Lessee to sign statutory declaration before executing lease, and on fall of hammer to deposit first half-year’s rent and £2 2s. for lease fee, stamp duty, and registration fee.

10. Including all other land already held, owned, or occupied under a tenure of more than nine months’ duration, no person may hold more than 5,000 acres. Every acre of first-class land being reckoned at 7½ acres, and every acre of second-class land being reckoned as 2½ acres.

11. Lessee to execute lease within thirty days after being notified that it is ready for signature.

12. Lessee to pay all rates, taxes, and assessments.

13. Residence optional.

14. Transfer, sublease, or mortgage not allowed, except with the sanction of the Board, and until lessee has been twelve months in possession and has effected the stipulated improvements.

15. Lessee has no right to minerals without license. He may use on the land any minerals for any agricultural, pastoral, household, road-making, or building purposes.

16. The term of each lease shall commence on the 1st July, 1909. Should the survey of any section not be completed by that date a proportionate rebate in the rental may be made.

17. The Board retains the right to withdraw from sale any section or sections advertised.

18. The leases will be subject to the general regulations issued by the Waiariki District Maori Land Board for the leasing of land within the thermal-springs district, where such regulations are not inconsistent with the foregoing terms and conditions.

JAS. W. BROWNE,
President, Waiariki District Maori Land Board.

General Regulations for the Leasing of Land within the Thermal-springs District.

WHEREAS it is enacted by section 15 of “The Maori Land Laws Amendment Act, 1908,” that, notwithstanding anything to the contrary in “The Thermal Springs Districts Act, 1908,” the Governor may from time to time delegate to the Maori Land Board for the Waiariki District any of his powers under the last-mentioned Act in so far as they relate to the leasing of land under such Act:

Now, therefore, the said Board has, for the purpose of exercising such powers, adopted by resolution the following regulations, which are, however, subject to any modifications that may be rendered necessary by the special conditions imposed in particular cases, and to the right of the Board, by public notice in the Gazette, to add to, revoke, vary, or amend such regulations in any manner that may be found necessary or expedient.

Dated this 8th day of May, 1909.

JAS. W. BROWNE,
President, Waiariki District Maori Land Board.

REGULATIONS.

In these regulations, if not inconsistent with the context, the expressions following shall have the meanings attached thereto:—

“The said Act” means “The Thermal Springs District Act, 1908.”

“Lease” means a lease under the said Act.

“Board” means the Waiariki District Maori Land Board, constituted under “The Maori Land Settlement Act, 1905.”

“Lessor” means the Waiariki District Maori Land Board, acting on behalf of the Native proprietors.

“Lessee” means any person declared a lessee under the said Act, and includes the approved transferee or assignee of any lessee or of any prior approved transferee or assignee.

“Cultivation” and “substantial improvements of a permanent character” have the same meanings as are given to those expressions by section 2 of “The Land Act, 1908.”

1. Each lease shall be sold by public auction or tender.

2. At any sale by auction no bid lower than the upset rent shall be received.

3. The bidder of the highest rent shall be declared to be the lessee, and if any dispute arises as to the last or highest bid, the lot in dispute shall be put up again at the last preceding bid.

4. The highest bidder for any lot shall upon the fall of the hammer pay to the auctioneer the first half-year’s rent in advance by way of deposit, together with the sum of £2 2s. for lease fee, stamp duty, and registration fee, and shall as soon thereafter as possible lodge at the office of the Board the statutory declaration required by section 18 of “The Maori Land Claims Adjustment and Laws Amendment Act, 1907.”

5. Every tender shall be enclosed in a sealed envelope addressed to the President, and marked on the outside as follows: “Tender for lease of Lot No. , as advertised in the newspaper of the day of 19 ,” and shall be accompanied by the statutory declaration required by section 18 of “The Maori Land Claims Adjustment and Laws Amendment Act, 1907.”

6. If any person desires to tender for more than one lot, a separate tender for each such lot must be made, and separate declarations as required by the last preceding rule. And each such tender must be accompanied by six months’ rent, and £2 2s. for lease fee, stamp duty, and registration fee.

7. All tenders shall be opened simultaneously by the Board on a day appointed for the purpose.

Every tender shall be deemed to be informal and incapable of being accepted where the rental tendered is less than the upset rental fixed as aforesaid.

8. The highest tenderer, if his tender shall equal or exceed the upset rental, shall be declared the lessee.

9. If the rent offered by two or more persons is the same amount, and is higher than that offered by any other tenderers, then the Board shall, after opening all the tenders, decide by lot, in such manner as it shall think fit, which of such two or more persons shall be declared the lessee.

10. The deposits and fees paid by the unsuccessful tenderers for any lease shall be returned to them by the Board immediately after any tender for such lease has been accepted.

11. When the Board shall declare any tenderer to be the lessee of any lot it shall forthwith notify the same to such person by registered letter, addressed to such person at the address given in the tender, and shall in such notice require such person, within thirty days after such notice, to execute the lease in triplicate. If two or more persons jointly tender, the notice shall be posted to each of such persons. Such notice shall be in the Form L in the Schedule to the regulations under “The Maori Lands Administration Act, 1900,” or to the effect thereof.

12. The person declared to be the lessee shall be entitled to possession of the land as soon as he has duly executed a lease thereof and has complied with all the other conditions lawfully prescribed in that behalf.

13. If any lessee fails to execute his lease within thirty days after notice given to him to execute, then the six months’ rent and the above-mentioned sum of £2 2s. shall be absolutely forfeited to the Board, and the Board may either declare the next highest bidder or tenderer to be the lessee, or put the lease up to auction or tender again.