Aug. 19.] THE NEW ZEALAND GAZETTE 2157

Advances for improvements.

16. (1.) Where the member is a married man an advance of £50, and where the member is a single man an advance of £10, may, on the recommendation of the Commissioner of Crown Lands, be made towards the cost of ploughing, fencing, erecting a dwellinghouse, and making a garden on the section; such advance shall not exceed three-fourths of the value of the ploughing, fencing, building, and garden, and shall bear interest at the rate of 5 per cent. per annum. (2.) Such amounts may be afterwards deducted from the earnings of the member in such proportions, or added to the capital value, as the Commissioner of Crown Lands in each instance determines. (3.) The buildings shall remain the property of the Crown until wholly paid for, and if not wholly paid for when the lease or license is issued, then the value remaining unpaid shall be added to the capital value of the land, and 4 per cent. or 5 per cent. per annum thereon be added to the rent, according to the tenure, as the case may be. (4.) Buildings of the value of £40 or over shall be insured against loss or damage by fire in the name of the King to the full amount of the advance in the State Fire Insurance Office, or in some other fire-insurance office carrying on business in New Zealand to be approved by the Commissioner of Crown Lands. (5.) This regulation shall not be acted upon without the special authority of the Minister of Lands.

Agreement.

17. Every person taking up land under these regulations shall subscribe his name to an agreement in the form set forth in the Second Schedule hereto, and no person shall be allowed to occupy any land under these regulations unless and until he has so signed.

Residence.

18. (1.) Every person to whom land is allotted in terms of these regulations shall forthwith, or within three months after the first burning of bush felled upon the said land, reside with his family, and continue to reside on such land for the term of ten years, unless exempted from such residence by the Land Board. (2.) Residence in pursuance of this clause shall count as residence under “The Land Act, 1908,” and the lease or license shall, as hereafter set forth, issue in pursuance of clause 22 of these regulations.

Land may be forfeited for misconduct.

19. If any person taking up land under these regulations commits a breach of such regulations, or is dismissed for misconduct from the works, or commits any gross act of misconduct that, in the opinion of the Land Board, may make it undesirable that he shall any longer remain on the land, or if he commits a breach of the Land Act in respect to the same, or at any time ceases to reside with his family upon such land, his interest therein shall, by any such fact, be absolutely cancelled and forfeited without any right to compensation or otherwise, and he may be ejected accordingly, and shall cease to be a member of the association.

Rental payable under lease or license.

20. (1.) Rent at the rate of 4 per cent. per annum for every renewable lease, and at the rate of 5 per cent. per annum for every license to occupy with right of purchase, will commence from the 1st day of January or 1st day of July first immediately after the expiry of eighteen months from date of allotment of sections by the Land Board. (2.) Such rent shall be based on the capital value of the land, with the addition of the cost to the Government of roading, clearing, providing and sowing of grass-seed, &c., and any other expenses, in the opinion of the Commissioner of Crown Lands, fairly chargeable to the land at date of commencement of the lease or license. (3.) The cost of any additional clearing, or advances made subsequent to the before-named date at which the rent commences, shall be added to the capital value of the land, and interest thereon shall become a part of the rent, and be payable on each recurrent 1st day of January or 1st day of July. (4.) No lease or license shall be issued to any person until he has paid the first half-year’s rent, and until the whole of the improvements contemplated have been completed.

Provisions of Part III of Land Act apply.

21. (1.) Except as herein expressly modified, all the provisions of Part III of “The Land Act, 1908,” shall apply to the land granted hereunder, and these regulations and the provisions of that Act shall apply in every case, notwithstanding that a lease or license under that Act may not have been issued for such land. (2.) In any case where, in pursuance of these regulations or of the Land Act, the interest of any person has been forfeited or cancelled, no objection shall be taken thereto on the ground that the lease or license has not been issued, and the Land Board may for every purpose whatever act as if such lease or license had been issued.

Issue of lease or license subject to compliance with regulation

22. No such lease or license as aforesaid shall be granted within a period of five years from date of settlement, or without a certificate in writing by the Commissioner of Crown Lands that the applicant has settled on and improved his section, paid his rent, and otherwise complied with these regulations.

FIRST SCHEDULE.

MEMORANDUM OF FORMATION OF ASSOCIATION.

We, the undersigned, hereby agree to compose an association, pursuant to section 4 of “The Lands Improvement and Native Lands Acquisition Act, 1894,” under the style of “The [Insert name] Land Improvement Association.”

Dated this day of , 1 .

[Signatures of members.]

Approved.

, Commissioner of Crown Lands.

SECOND SCHEDULE.

FORM OF AGREEMENT.

This agreement, made the day of , 1 , between the Minister of Lands (hereinafter termed “the Minister”), of the one part, and , of the other part:

Whereas by section 4 of “The Lands Improvement and Native Lands Acquisition Act, 1894” (hereinafter termed “the said Act”), it is provided that “any number of persons composing an association formed in accordance with regulations made under this Act may, by agreement with the Minister, settle upon any Crown lands for the purpose of clearing or otherwise improving the same, upon such terms as to advances or otherwise as may be agreed on”: And whereas the said is a member of an association under the said Act called the Land Improvement Association, and is desirous of taking up the Crown lands herein-after described upon the terms and conditions set forth in regulations, a copy of which is attached hereto, marked “A”: Now, therefore, this agreement witnesseth that, in pursuance of section 4 of the said Act, and in consideration of the premises, the Minister doth hereby on his part permit the said to settle on the following parcel of Crown lands —namely, Section , Block , District, containing acres roods perches, more or less—and the said doth hereby on his part agree to settle on, and clear, improve, and occupy, the same subject to the provisions contained in the said Act and the said regulations.

Here insert any other necessary conditions.

And it is hereby further agreed—

(1.) That if, in terms of the said regulations, or of “The Land Act, 1908,” the interest of the said in the said parcel of Crown lands is forfeited by the Commissioner of Crown Lands or the Land Board, neither the said nor the said association shall have any claim whatsoever at law or in equity against the Government of New Zealand, the Minister of Lands, or any other person or authority in respect of the interest so forfeited.

(2.) That this agreement shall be at an end as soon as a lease or license of the said section under Part III of “The Land Act, 1908,” has been duly granted to the said , or his approved transferee.

As witness the hands of the parties hereto the day and year first above written.

Signed by the Hon. , the Minister of Lands, in the presence of—

Witness—

[Occupation and address.]

Signed by the said , a member of the association, in the presence of—

Witness—

[Occupation and address.]

J. F. ANDREWS,
Clerk of the Executive Council.