MAY 27.] THE NEW ZEALAND GAZETTE. 1453

Regulations under “The Land Act, 1908.”

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this eighteenth day of May, 1909.

Present:

THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS by section one hundred and ninety-two of “The Land Act, 1908” (hereinafter referred to as “the said Act”), it is enacted that the owner of a lease in perpetuity under “The Land Act, 1892,” or “The Land for Settlements Consolidation Act, 1900,” may at any time surrender his lease and obtain in lieu thereof a renewable lease of the same land: And whereas section one hundred and ninety-three of the said Act contains a similar provision conditional upon the fulfilment to date of the conditions of the lease proposed to be surrendered, and the consent being given of the Warden of the mining district in which the land comprised in the lease is situate: And whereas by section one hundred and ninety-two of the said Act the Governor may, by Order in Council gazetted, make such regulations as are necessary for carrying into effect the provisions of the said section:

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 Council of the said Dominion, doth hereby make the following regulations for the purposes of the said Act, and doth hereby declare that such regulations 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,—

“Commissioner” means the Commissioner of Crown Lands for the land district in which is situated the land to be dealt with:

“Receiver” means the Receiver of Land Revenue for the land district above referred to:

“Warden” means the Warden for the mining district in which is situated the land to be dealt with:

“Lessee” means the lessee of the land to be dealt with:

“The said Act” means “The Land Act, 1908.”

2. Every notice of intention to surrender a lease and obtain in lieu thereof a renewable lease of the same land shall be given in the form set forth in the Schedule hereto, and shall be made and signed by the lessee, and forwarded to or deposited with the Commissioner.

Exchange under Section 193.

3. Upon receipt of such notice the Commissioner shall, if the lease to be dealt with comes within the provisions of section 193 of the said Act, submit particulars to the Warden, who shall forthwith notify the Commissioner whether or not he approves of such renewable lease being granted.

4. If the lease to be dealt with comes within the provisions of section 193 of the said Act, the Commissioner shall, upon receipt of a report from a Crown Lands Ranger or other officer as to the fulfilment or otherwise of the conditions of the said lease to date, and as to whether there are conflicting interests which would be prejudicially affected by the granting of a renewable lease, submit the matter to the Board for consideration.

Procedure.

5. Upon the receipt of a notice of intention to surrender a lease and obtain in lieu thereof a renewable lease of the same land, the Commissioner shall, provided the Board and the Warden, when necessary, have consented to the granting of a renewable lease, call upon the lessee (a) to deliver up his lease duly surrendered within two months; (b) to give written notice whether he will accept as the capital value the original value of the land as determined at the date of the surrendered lease, or the present value of the land (excluding the value of improvements) at the time at which application is made for a renewable lease; and (c) to pay to the Receiver the sum of one guinea, being the fee payable for a new lease.

Valuations.

6. If the renewable lease is to be granted and the lessee decides to accept the present value of the land at the time at which application is made for the renewable lease, the Board shall cause a valuation to be made by an appraiser appointed by the Board.

7. For the purposes of such valuation the provisions of section 182 of the said Act shall, mutatis mutandis, apply.

8. The Board shall cause a copy of the valuation so made to be delivered to the lessee.

9. The valuation so made shall be conclusive unless the lessee, within two months after the delivery of such copy thereof, gives written notice to the Board that he requires the value of the said land to be determined by arbitration.

10. If such notice is given as is mentioned in the last preceding clause, the value of the said land shall be determined by arbitration.

11. For the purposes of such arbitration the provisions of section 187 of the said Act and the regulations made thereunder shall, mutatis mutandis, apply.

SCHEDULE.

NOTICE OF INTENTION TO SURRENDER A LEASE AND OBTAIN IN LIEU THEREOF A RENEWABLE LEASE OF THE SAME LAND.

, 19 .

To the Commissioner of Crown Lands,

I, [Name in full], of [Address], [Occupation], hereby give notice of my intention to surrender my lease of Section , Block , Survey District [or Parish], held by me under , and obtain in lieu thereof a renewable lease of the same land; and I hereby affirm that I understand the obligations incumbent upon lessees under the renewable-lease tenure, and that I will comply with the conditions thereof in terms of “The Land Act, 1908.”

[Signature of lessee.]

ALEX. WILLIS,
Clerk of the Executive Council.

“The Education Act, 1908.”—Amendment of Regulations.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this eighteenth day of May, 1909.

Present:

THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING IN COUNCIL.

IN exercise and pursuance of the powers and authorities vested in him by “The Education Act, 1908,” the Governor, with the advice and consent of the Executive Council of the Dominion, doth hereby amend the regulations under the said Act made by Orders in Council dated respectively the fifteenth day of March, one thousand nine hundred and five, and the seventeenth day of December, one thousand nine hundred and eight, by adding the clauses particularly set forth in the First and Second Schedules hereto; and with the like advice and consent doth prescribe that this Order shall take effect on the first publication thereof in the New Zealand Gazette.

FIRST SCHEDULE.

AMENDMENT of regulations regarding pupil-teachers in public schools: After clause 6 of the said regulations insert the following clause: “7. No one who is at the same time the holder of a University Junior Scholarship, or of a Senior National Scholarship, or of a Taranaki Scholarship shall be appointed as a pupil-teacher or act as pupil-teacher in any school.”

SECOND SCHEDULE.

AMENDMENT of regulations regarding probationers in public schools: After clause 8 of the said regulations insert the following clause: “9. No one who is at the same time the holder of a University Junior Scholarship, or of a Senior National Scholarship, or of a Taranaki Scholarship shall be appointed as a probationer or act as probationer in any school.”

ALEX. WILLIS,
Clerk of the Executive Council.

Regulations.—Manual and Technical Instruction.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this eighteenth day of May, 1909.

Present:

THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING IN COUNCIL.

IN pursuance and exercise of the powers and authorities conferred upon him by “The Education Act, 1908,” and of all other powers and authorities him enabling in