SEPT. 9.] THE NEW ZEALAND GAZETTE. 2297

Regulations under "The Native Land Settlement Act,
1907."

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this thirtieth
day of August, 1909.

Present:
THE HONOURABLE JAMES CARROLL PRESIDING IN COUNCIL.
WHEREAS by the sixty-fourth section of "The Native
Land Settlement Act, 1907" (hereinafter termed
"the said Act"), it is enacted that the Governor may from
time to time, by Order in Council published in the Gazette
and Kahiti, make regulations for any of the purposes in the
said section specified:

Now, therefore, I, William Lee, Baron Plunket, the Go-
vernor of the Dominion of New Zealand, in exercise and
pursuance of the powers and authorities conferred by the
said Act and of all other powers and authorities enabling me
in this behalf, and by and with the advice and consent of
the Executive Council of the said Dominion, do hereby make
the regulations following for the purposes of the said sec-
tion, namely:—

REGULATIONS.

1. In these regulations, if not inconsistent with the con-
   text, the expressions following shall have the meanings
   attached thereto:—
   "The said Act" means "The Native Land Settlement
   Act, 1907."
   "Minister" means the Native Minister.
   "Lease" means a lease under the said Act.
   "Board" means the Maori Land Board constituted
   under "The Maori Land Settlement Act, 1905."
   "President" means the President of the Board.
   "Lessee" means any person declared a lessee under the
   said Act, and includes the lessee under a lease under
   the said Act.
   "Purchaser" means any person declared a purchaser
   under the said Act.
   "Cultivation" has the same meaning as is given to that
   expression by "The Land Act, 1908."
   "Improvements," "substantial improvements," and
   "substantial improvements of a permanent charac-
   ter" have the same meaning as is given to the ex-
   pression "substantial improvements of a permanent
   character" by "The Land Act, 1908."

Lands for Disposal.

2. When by Order in Council any area of land is vested in
   a Board under Part I of the said Act, the Board shall prepare
   a sketch-plan embodying a scheme of subdivision, and show-
   ing the proposed area of each allotment, and the roads the
   Board proposes to dedicate.
3. On approval of such scheme by the Minister, the Board
   shall proceed to offer such lands for disposal, as provided
   by the said Act and these regulations.
4. Any lands before being disposed of shall be classified, as
   provided in section 13 of the said Act.
5. The Board may, in order to open up any land vested in
   it, or for any other purpose authorised by the said Act, borrow
   or raise money as in the said Act is provided, and may expend
   the same for all or any of such purposes.
6. The Board may, in roading lands to be opened for dis-
   posa[, appoint some competent road surveyor or road engineer
   to lay off or grade any road that may be required, and to super-
   vise the formation and construction of the same, or of any
   bridge thereon, and may also appoint some competent sur-
   veyor to make the subdivisional survey required of any
   block.

Roads.

7. The right to deviate existing surveyed roads where found
   necessary, or to take land 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.
8. 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. Repay-

ment of such moneys so raised may be made by instalments
as nearly as may be in accordance with the table of instal-
ments 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 instal-
ments extending over a period not exceeding thirty-six and
a half years.
9. 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.

10. When the Board determines to offer for competition, in
    manner provided by the said Act, 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 sold or leased under the provisions
    of the said Act, and shall specify the lands, allotments, or
    parcels of land to be sold or leased by numbered lots, and
    the upset price or rental of each lot, and in the case of a lease
    shall further specify the period for which such lease is to be
    granted. If the Board considers that the lease should con-
    tain 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.
    In the case of sales or leases by public tender, the notice
    shall also state the time limited for making tenders and the
    place at which such tenders are to be delivered. In the
    case of sales or leases by public auction, the notice shall state
    the time and place fixed for the holding of such auction.
    Lands notified as aforesaid for disposal 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.

Sales or Leases. by Public Tender.

11. Any person who desires to tender for the purchase or
    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 purchase or lease, and speci-
    fying the price or rental he is prepared to pay therefor. Each
    such tender shall, in the case of a lease, be in the Form J in the
    Schedule hereto, and in the case of a purchase shall be in the
    form J–1 in the said Schedule.

12. Every tender shall be enclosed in a sealed envelope
    addressed to the President, and marked on the outside as
    follows : "Tender for purchase [or 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.

13. If any person desires to tender for more than one lot,
    a separate tender for each such lot must be made, and sepa-
    rate declarations as required by the last preceding rule. Each
    such tender must, in the case of a lease, be accompanied by
    six months’ rent and three guineas, also stamp duty and
    registration fee and the value of improvements (if any), and,
    in the case of a purchase, by an amount of £5 5s. on account
    of the costs and expenses incidental to the purchase, and such
    other sum by way of deposit as the conditions or advertise-
    ment of the sale shall prescribe.

14. 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 price
    or rental tendered is less than the upset price or rental fixed.

15. The highest tenderer, if the amount of his tender shall
    equal or exceed the upset price or rental, shall be deemed
    the purchaser or lessee, as the case may be, and shall be en-
    titled to possession of the lands as soon as he has complied
    with the conditions lawfully prescribed in that behalf. Not-
    withstanding anything herein contained, the Board may de-
    cline to accept any tender if it thinks fit.

16. If the price or 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 purchaser or
    lessee.

17. The deposits and fees paid by the unsuccessful ten-
    derers shall be returned to them by the Board immediately
    any tender the subject thereof has been accepted.