SEPT. 9.] THE NEW ZEALAND GAZETTE. 2299

tration, or in some other manner that may be agreed upon between the Board and the lessee, of the then value of the fee-simple of the lands then included in such lease, and also a valuation of all substantial improvements of a permanent character made by the lessee during the term and then in existence on the land then comprised in the lease. After the making and publishing of the above-mentioned awards, which shall be effected by serving a copy of the same on the lessee and another copy on the Board, but not later than two months before the expiry of the term for which the lessee then holds the lands, the lessee shall elect, by notice in writing delivered to the Board, whether he will accept a new lease of the said lands for a further term of the same duration and upon similar conditions as the original lease at a rental equal to £5 per centum on the value of the lands after deducting therefrom the value of the substantial improvements of a permanent character as fixed respectively by the valuation.

36. If the lessee shall not elect to accept a new lease as above mentioned, or shall refuse or neglect to execute a lease within seven days after the same is tendered to him for the purpose, a lease of the said lands shall, not later than one month before the end of the term for which the terminating lease was granted, be put up to competition by public tender for such further term of the same duration as the original lease on the following terms and conditions:—

(a.) The upset rent shall be such rent as shall be fixed by the Board, not being a greater sum than that at which the lease was offered to the outgoing lessee under the last preceding clause.

(b.) The amount of such upset rent shall be stated in the advertisements calling for tenders; and it shall be a condition of tender that the tenderer shall, together with his tender, deposit the amount of one-half year’s rent, which shall be returned to him if he fails to obtain the lease.

(c.) If any person other than the outgoing lessee be declared the lessee, he shall, within seven days after the day fixed for the opening of the tenders, pay over to the Board the amount of the value of the substantial improvements of a permanent character as fixed in the manner provided by the last preceding clause.

(d.) When the day has arrived on which the terminating lease expires, or thereafter, if the Board shall have satisfied itself that the outgoing lessee has let the new lessee into quiet possession of the lands to be leased, and that none of the improvements on the lands which were thereon when the valuations mentioned in the last preceding clause were made have been destroyed or appreciably damaged, the Board shall pay over to the outgoing lessee the amount received by it from the incoming lessee as aforesaid.

(e.) If any of the improvements as mentioned in the preceding subclause have been destroyed or appreciably damaged, as in the said subclause referred to, then the value of the improvements so destroyed, or the cost of repairing such damage, shall be decided by the Board or some person appointed by it; and the amount so fixed, with the costs attending such decision, shall be deducted from the amount payable as aforesaid to the outgoing lessee, and, save the amount deducted for costs, shall be returned to the incoming lessee.

37. If such lease shall not be disposed of as above mentioned to some person other than the lessee, or if such person fails to execute the lease in triplicate or to pay the sum offered by him as aforesaid within fourteen days after being required to do so, then the lessee may again, within thirty days after the day fixed for the opening of the tenders, elect in manner aforesaid whether he will accept a new lease as aforesaid; and if he does not elect to accept the same, or refuses or neglects to execute such lease within seven days after the same is tendered to him for the purpose, then he may continue as lessee of the said land from year to year, so long as he shall pay the rent reserved by his lease and observe and perform the covenants and conditions thereof, or until the Board shall succeed in again leasing the land, unless prior thereto he shall elect to accept a new lease as aforesaid.

38. The Board, in granting a new or renewed lease, may make provision that the right to take possession under such lease shall always commence on the 1st day of January or 1st day of July in any year.

39. All the provisions of the foregoing rules and regulations (except the provisions as to cultivation) as regards the tenders for, sale, form, and conditions of first leases made under the said Act shall, mutatis mutandis, apply to the sale, form, and conditions of the new or renewed leases above mentioned, and to the lessees thereunder, except as herein is otherwise expressly provided.

Compensation and Arbitration.

40. All claims for compensation in respect of any matters arising under the said Act shall, unless otherwise specially provided, be settled in the manner provided in Part III of “The Public Works Act, 1908,” for which purpose the said Part III shall be deemed to be incorporated with these regulations. In every such claim the Board shall be the respondent.

41. Where it is provided or agreed that any matter shall be referred to arbitration, then such reference, unless herein otherwise provided, shall be to one or more arbitrators appointed by the parties on each side respectively, and an umpire to be appointed by such arbitrators.

(a.) If either party shall fail to appoint an arbitrator within twenty-one days after being requested in writing to do so by the other party, then the arbitrator appointed by the other party shall alone conduct the arbitration, and his decision shall be final and binding on both parties.

(b.) If the said arbitrators shall fail to agree upon the matter referred to them within twenty-eight days of the same having been so referred, then the matter so referred shall be decided by an umpire to be appointed by the said arbitrators, whose decision shall be final and binding on both parties.

(c.) Every such arbitration shall be carried on in the manner prescribed by “The Arbitration Act, 1908,” and to be subject to such last-mentioned Act in the same manner as if the reference to such arbitration had been made by consent of parties under a deed.

(d.) Each party shall pay his or its costs of such reference, and any cost incidental to the appointment of an umpire shall be paid equally by the parties to the arbitration.

42. When the owner of any lease requires a valuation under section 31 of the said Act, he shall serve upon the Board a notice to that effect, together with a fee of £1 1s., at least fourteen days before the meeting when the application comes before the Board for consideration, and, if approved, the Board shall thereupon appoint some competent person (to be approved by the lessee) who shall inspect and report to the Board as to the proposed improvements and the estimated cost of same.

43. Each such valuer shall make the declaration in the Form N as set out in the regulations under “The Maori Lands Administration Act, 1900.”

44. Each valuer shall be entitled to be paid, besides actual travelling expenses, a fee of £2 2s. for his services for each full day and night he is absent from his residence whilst engaged upon such valuation: Provided that if he shall be less than one full day and night so absent he shall be entitled to be paid a fee of £2 2s. for such fraction of a day.

45. If any valuer whilst in the performance of his duties as such is not necessarily absent from his residence at night-time, he shall be entitled to be paid such lesser amount than £2 2s. per diem as may be agreed upon.

46. All fees, costs, and expenses incidental to the valuation shall be borne and paid by the lessee.

47. If required by the Board, the lessee shall give securities for the payment of any fees, costs, or expenses before the valuation is commenced or made.

48. The report of such valuer shall be permanently preserved by the Board.

49. Before any appraiser enters into the consideration of any matters referred to him under the said Act or these regulations he shall, in the presence of a Justice of the Peace, make and subscribe a declaration as in the Form N in the Schedule hereto, or to the same effect and meaning.

Disposal of Timber, Flax, &c.

50. The Board may sell the standing timber or flax on any land vested in it or as to which it is authorised to act as agent under Part II of the said Act, on such terms as it shall think fit, provided that the cutting-rights shall not extend over a period exceeding thirty years. The Board may grant a right of ingress or egress over the said land or any part thereof for the purpose of the cutting and removal of the timber or flax growing thereon.

51. No application to the Native Land Court for partition or exchange under section 9 of “The Maori Land Claims Adjustment and Laws Amendment Act, 1907,” shall be dealt with unless there is first indorsed thereon the consent of the Board.

Certificate as to Equitable Interest.

52. The Board may, at the request of any Maori owner, and on payment of a fee of 2s. 6d., issue a certificate as set out in Form R hereto, stating the equitable interest of such Maori owner in any block.