Feb. 24.] THE NEW ZEALAND GAZETTE. 683

APPLICATIONS FOR APPROVAL OF ALIENATIONS UNDER SECTION 7 OF “THE MAORI LAND LAWS AMENDMENT ACT, 1908.”

Milling-timber on Native Land for Sale by Public Tender.

Office of the Tokerau District Maori Land Board,
Auckland, 31st January, 1910.

NOTICE is hereby given, in terms of “The Maori Lands Administration Act, 1900,” and its amendments, that written tenders are invited, and will be received at the office of the Tokerau District Maori Land Board, Auckland, up till 12 o’clock noon on Wednesday, the 23rd day of March, 1910, for the purchase in one lot of the milling-timber, estimated measurement, standing on Sections 35, 37, 39, 40, 65, and 68 of Te Karae Block, situated in the Survey District of Mangamuka, Hokianga County, Auckland Land District.

SCHEDULE.

AUCKLAND LAND DISTRICT.

525 TOTARA-TREES, containing approximately 386,400 sup. feet.

4,051 rimu-trees, containing approximately 3,779,960 sup. feet.

422 matai-trees, containing approximately 326,825 sup. feet.

2,128 kahikatea-trees, containing approximately 6,160,300 sup. feet.

2 kauri-trees, containing approximately 9,056 sup. feet.

Making a total of (approximately) 10,662,541 sup. feet.

Upset price for the whole of the timber, £2,850 3s. Equal to: Totara, 1s. per 100 sup. feet; rimu, 6d. per 100 sup. feet; matai, 1s. per 100 sup. feet; kahikatea, 6d. per 100 sup. feet; kauri, 2s. per 100 sup. feet.

Time for removal of timber, three years.

CONDITIONS.

1. Intending tenderers are expected to visit the locality and to satisfy themselves on all matters relating to their tender.

2. The aforementioned quantities, qualities, and kind as to the said timber shall be taken as sufficiently accurate for the purpose of this sale; and no contract for purchase shall be voidable, nor shall the successful tenderer be entitled to any abatement in price, by reason of the said timber being of less quantity, quality, and kind than as stated herein or in any advertisement having reference to the said timber, nor shall any extra sum be claimed by the Tokerau District Maori Land Board if for any reason the quantity of timber is found to be in excess of that stated herein.

3. No tender will be considered wherein a less royalty is offered for the timber than the upset prices stated herein.

4. The licensee shall make and deliver, on a date to be fixed by the President, a statement of the number and contents of trees felled during the preceding period, together with total quantity of timber felled as from the commencement of the term of his timber-cutting license, and such statement shall be accompanied by a statutory declaration as to the correctness thereof.

5. The quantities stated are estimated.

6. Should any dispute arise as to the boundaries the decision of the President of the said Maori Land Board shall be final.

7. If at any time during the currency of the license any person duly authorised by the President of the Tokerau District Maori Land Board shall report, or it otherwise appears, that the timber on the said area is being improperly cut, or for any other reason, the said President may, by notice in writing to the licensee, suspend his license pending investigation, and the President may cancel such license if it is found that the conditions herein have been infringed, without prejudice to any proceeding for damage done, recovery of amounts due on promissory notes, or otherwise.

8. It shall be unlawful for the licensee to transfer, assign, or in any way dispose of his license, or of the timber, or of his interest therein, to any other person until after the expiration of twelve months from the date at which the tender was accepted: Provided, however, that where the licensee proposes to sell the timber with his mill, plant, and appliances in their entirety, he may do so with the written approval of the President first obtained; and in such case the license may be transferred accordingly on payment of a fee of £1 1s. to the said Maori Land Board. Such approval may be given or refused in the discretion of the Board.

9. A license will be issued in due course, subject to the foregoing conditions.

10. In the event of the lot not being disposed of, applications may be received and dealt with at any time within six months from the above date of closing tenders (unless previously formally withdrawn), providing, however, that the amount is not less than the upset prices stated herein.

11. Tenders must be submitted on forms which will be supplied on application, and envelopes enclosing same must be marked “Tender for Timber,” and addressed to the President of the Tokerau District Maori Land Board, Auckland, New Zealand.

12. The highest or any tender not necessarily accepted.

13. All puriri timber on the land is reserved from sale.

TERMS.

The timber will be offered in one lot, and tenders must be accompanied by a deposit of 5 per cent. on the amount of tender, in cash, marked cheque or post-office order; the balance to be paid, if tender accepted, as under:—

1. Payment for timber shall be made by the successful tenderer either wholly in cash on acceptance of tender, or partly in cash and partly in instalments as follows: One-third in cash within fourteen days after date of notice of acceptance of tender (the deposit of the successful tenderer will be retained as part-payment of this), together with £1 1s. license fee, and one-third within one year, and the balance within the next twelve months.

2. All outstanding instalments shall bear interest at the rate of 5 per cent. per annum as from date of acceptance of tender, and, with the interest, shall be secured by promissory notes payable on demand, and made and indorsed by two or more indorsers, as required by, and to the satisfaction of, the President of the Tokerau District Maori Land Board.

3. In case where payment is to be made by instalments, the following special provisions shall apply:—

(1.) The property in all timber, whether standing, felled, or in logs, shall remain the property of the Tokerau Maori Land Board until all the instalments are paid.

(2.) Until the total purchase-money has been paid, the value of the timber cut shall at no time exceed the total amount actually paid.

(3.) In any case where the President is satisfied that timber has been cut in excess of limit fixed by the last-preceding paragraph, he shall appraise the quantity and value of timber so cut in excess, and demand payment from the licensee of the amount of such appraisement. The amount paid shall be in or toward satisfaction of the accruing instalments in the order in which they accrue due, and shall accordingly be credited to the same, as also the promissory notes securing the same. In default of payment of such amount for the space of fourteen days, the whole of the unpaid instalments shall be payable forthwith, and payment may be enforced accordingly.

Deposits of unsuccessful tenderers will be returned.

Copies of plans and further information may be obtained from the undersigned.

C. DEAN PITT,
President, Tokerau District Maori Land Board.