2292
THE NEW ZEALAND GAZETTE.
[No. 74

26. The Board may, in roading lands to be opened for disposal, appoint some competent road surveyor or road engineer to lay off or grade any road that may be required, and to supervise the formation and construction of the same, or of any bridge thereon, and may also appoint some competent surveyor to make the subdivisional survey required of any block.

Roads.

27. The right to deviate existing surveyed roads where found necessary, or to take lands for roads for the purpose of giving access to sections in cases where roads are not shown on the sale-plan, is reserved for five years from the date of disposal. It shall be a condition of each lease that a right of way shall be temporarily reserved over any existing track through the land comprised in such lease until such time as the surveyed roads have been cleared. The lessee shall not be allowed to block or obstruct any such track by felling trees or scrub across the same, or otherwise, and he shall at once remove any such obstruction, and shall leave the track clear for traffic.

28. The cost of roading and surveys, together with other expenses incurred in opening up land, shall be a first charge on the revenue to be derived from the land benefited, and a proportionate amount of the rents and royalties to be received each half-year may be deducted by the Board and applied in repayment of the money raised for such purposes. Repayment of such moneys so raised may be made by instalments as nearly as may be in accordance with the table of instalments adopted or in force for the time being under “The Government Advances to Settlers Act, 1908,” so that the principal and interest may be paid off by half-yearly instalments extending over a period of thirty-six and a half years.

29. Where for roading purposes a local authority has declared a special-rating area for the expenditure of a loan raised under Part II of “The Local Bodies’ Loans Act, 1908,” the Board may by resolution declare what proportion of the annual charge on such loan shall be contributed by the Board out of rents or royalties received in respect of lands within such area. Such contribution shall be an annual-recurrent one, and may extend over such term or period as the Board may decide.

Notification.

30. When the Board determines to offer for competition, in manner provided by the said Act, any lands or parts thereof, it shall give public notice of such intention for three consecutive weeks in the Gazette and Kahiti, once in each week for three consecutive weeks in at least one local newspaper circulating in the locality in which the land is situated, and in such other manner as the Board thinks fit. The notice shall state that the lands offered are to be leased under the provisions of the said Act, and shall specify the lands, allotments, or parcels of land to be leased by numbered lots, the upset rental of each lot, and the period for which such lease is to be granted. If the Board considers that the lease should contain any special covenants, conditions, or provisions other than those hereinafter set out, it shall in such notice state shortly such special covenants, conditions, and provisions. Where lands are to be leased by public tender the notice shall state the time limited for making tenders, and the place at which the same are to be delivered. Where lands are to be leased by public auction the notice shall state the time and place fixed for the holding of such auction. Lands notified as aforesaid for leasing under the said Act and these regulations shall not be disposed of until after thirty days from the date of the first publication of the notice in such local newspaper.

Leases by Public Tender.

31. Any person who desires to tender for the lease of any land notified as aforesaid may, within the time limited, deliver at the place so appointed a tender in writing setting forth the lot he desires to lease, and specifying the rental he is prepared to pay therefor, and the said tender shall be in the Form J in the Schedule hereto.

32. 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 a statutory declaration in the form or to the effect set forth in Form K in the Schedule hereto.

33. 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. Each such tender must be accompanied by six months’ rent and three guineas, also stamp duty and registration fee.

34. All tenders shall be opened by the Board at a time 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.

35. The highest tenderer, if the amount of his tender shall equal or exceed the upset rental, shall be deemed the lessee, and shall be entitled to possession of the lands as soon as he has complied with the conditions lawfully prescribed in that behalf. Notwithstanding anything herein contained, the Board may decline to accept any tender if it thinks fit.

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

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

38. When the Board shall declare any person to be the lessee of any lot, it shall forthwith notify the same to such person by registered letter to the address given in the tender. 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 hereto, or to the effect thereof.

39. If any person who has been declared a lessee as aforesaid shall fail to execute his lease within thirty days after being required by notice to do so, then his deposit shall be absolutely forfeited to the Board, and the right of such person under such tender shall absolutely cease and determine. When any person shall forfeit his right as aforesaid, and as often as such a case shall occur from time to time until the land be disposed of, or until there be a failure of tenderers whose tenders are formal, the Board may declare the next highest tenderer whose tender is not informal to be the lessee or, if the rent offered by two or more persons is the same amount, and is higher than the rent offered by any other tenderer save the one who has so forfeited his right as aforesaid, may decide by lot which of such other persons shall be the lessee. Every person declared a lessee under this section shall, upon his paying the deposit and fees as aforesaid, be declared to have become the lessee on the day of the opening of the tenders as if he had been so declared on such day.

40. If no tender shall be received prior to the time fixed for opening the tenders for any of the leases of the lots advertised, any person may at any time thereafter apply for any of such leases unless the same shall have been withdrawn by the Board, and be declared the lessee, at the upset rental fixed, upon complying with the other conditions prescribed as to tenders. If in any such case two or more applicants shall lodge their tenders on the same day, the right to lease the land the subject of such tenders shall be decided by lot.

41. The Board may at any time reduce the upset rental of any land which it has for three months failed to lease, and may again call for tenders for the same at such reduced rental.

Leases by Public Auction.

42. The foregoing regulations as to leases by public tender shall, where not inapplicable, apply to leases by public auction. The successful lessee at auction shall be required, on the acceptance of his bid, to make the statutory declaration referred to in Regulation 32 hereof, and to pay six months’ rent and three guineas, also stamp duty and registration fee.

General Conditions as to Leases.

43. No lease shall comprise a greater area than 5,000 acres of land, or the equivalent thereof, calculated in the manner following: Every acre of first-class land shall be reckoned as 7½ acres, and every acre of second-class land shall be reckoned as 2½ acres. No lessee or person, by himself or by or jointly with any other person on his behalf, shall hold at one time, whether as occupier, lessee, assignee, sublessee, or otherwise, a greater area than 5,000 acres of land, or the equivalent thereof as above specified: Provided always that land held under tenure the term of which expires within nine months shall not be deemed to be land held or occupied within the meaning of this regulation unless the lessee has a right to the renewal of such lease. Any occupation license, lease, assignment, sublease, or other instrument in contravention of this regulation shall be illegal and void from the commencement: Provided always that this regulation shall not apply to any person who acquires an interest in any lease by bankruptcy or under an intestacy, or by virtue of a will, or to land declared by resolution to be of poor quality and unworkable except in areas exceeding 5,000 acres.

44. The term fixed by the lease shall be for such period as the Board may determine, and the lease may, if the Board