2150
THE NEW ZEALAND GAZETTE.
[No. 56

lease, or the deterioration in value of the orchard or culti-
vations of any allotment leased by him, and more particu-
larly set forth in paragraphs (1) and (3) of this regulation.
(5.) Every lessee, prior to the execution of his lease, shall
execute a bond to the Commissioner to ensure for the
benefit of the said Commissioner for the time being, with
one surety to be approved by the said Commissioner, con-
ditioned for maintaining the said orchard and cultivations
on his allotment free from damage or depreciation as
aforesaid, and for the due payment of any moneys recover-
able under paragraphs (2) and (3) hereof.
(6.) Every such bond shall be for an amount equal to
20 per centum of the total capital value of the allotment
granted to the said lessee.

ADVANCES OF MONEY FOR BUILDINGS.

18. Advances of money for the erection of a dwelling-
    house may be made under the New Zealand State-guaran-
    teed Advances Act, 1909, and its amendments, or under the
    following regulations, as the Minister shall decide in each
    case.
19. When Parliament has appropriated money for ad-
    vances under the said Act and these regulations, the holder
    of any allotment selected thereunder may apply to the
    Minister, through the Commissioner, for an advance,
    and shall enclose with his application a plan of the pro-
    posed house, together with specifications thereof, and such
    other information as may be required by the Minister.
20. When the Minister has approved the erection of the
    dwellinghouse, the plans of the same, and the amount to be
    advanced for its erection, the Commissioner shall notify
    the holder of the allotment accordingly, and the holder
    may then proceed to erect the dwellinghouse.
21. The dwellinghouse must be completed to the satis-
    faction of the Commissioner according to the plans ap-
    proved by the Minister.
22. Upon the completion of the dwellinghouse to the
    satisfaction of the Commissioner, the money authorized
    as aforesaid shall be forthwith paid over by the Commis-
    sioner to the holder of the allotment, or the builder of
    the house, as he thinks fit, and the said holder shall
    at the same time execute a mortgage to His Majesty for
    the amount so advanced.
23. The mortgage shall contain a table of repayments
    comprising annual interest at the rate of 7 per cent., re-
    ducible to 5 per cent. upon payment of the lesser amount
    within thirty days of the date when it becomes due, to-
    gether with instalments of the principal amount advanced
    under the said mortgage.
24. Payments of principal and interest, as set forth in
    the schedule to the mortgage, shall be made half-yearly,
    the first half-yearly instalment being payable six months
    after the date of the loan.
25. The repayments of principal shall extend over such
    period, being not less than five years nor more than fifteen
    years, as the Minister shall determine ; provided that the
    mortgagor may at any time repay the whole of the money
    then due under the mortgage by giving one month’s written
    notice to the Commissioner of his intention to do so, to-
    gether with the amount of interest then due thereon.
26. In the event of any dwellinghouse on an allotment
    being destroyed or damaged by fire, all moneys (if any)
    payable to His Majesty under the policy of insurance shall
    be recoverable by the Commissioner, who, after deducting
    the expense (if any) incurred in recovering the same,
    shall, in his discretion, apply the residue thereof, or a
    sufficient part thereof, either in or towards restoring the
    dwellinghouse or in or towards paying the unpaid instal-
    ments of interest and principal, or in repayment of the
    principal due in respect of an advance under these regu-
    lations.
27. The lessee or owner shall at all times during which
    moneys may be due to His Majesty on account of any
    dwellinghouse erected on his allotment keep in good repair
    and condition to the satisfaction of the Commissioner the
    dwellinghouse so erected, and shall not destroy, pull down,
    remove, or materially alter the same without the previous
    written permission of the Commissioner.
28. Every instalment of interest and principal as afore-
    said, as it becomes due, and every sum paid by the Com-
    missioner in respect of the insurance of any building
    towards the erection of which moneys have been advanced
    as aforesaid, shall be payable by and may be recovered
    from the lessee or owner of the said land in the same
    manner as rent.
29. All payments of money under these regulations or
    the said Act shall be made to the Receiver of Land Revenue
    for the land district in which the land is situate.

TRANSFER OF ALLOTMENTS.

30. It shall not be lawful for a lessee under the said
    Act to transfer his lease within a period of five years from

its date : Provided that, on the death of the lessee, or on
the happening of any extraordinary event within the said
period which in the opinion of the Commissioner renders a
transfer necessary or expedient, a transfer of the lease
may, with the sanction of the Minister, be made.

RATES, TAXES, AND ASSESSMENTS.

31. The lessee shall pay all rates, taxes, and assessments
    levied on or payable in respect of the land during the term
    of his lease.

VALUATION OF IMPROVEMENTS ON FORFEITURE OR
SURRENDER.

32. In the event of the forfeiture or surrender of a lease,
    the provisions of the Land Act, 1908, respecting valuation
    of improvements and the payment or other disposal thereof
    shall, so far as the same are applicable, apply to the im-
    provements made by the lessee.

EXISTING IMPROVEMENTS TO BE SPECIFIED IN LEASE.

33. For the purpose of distinguishing the improvements
    existing on the land at the date of the lease from those
    subsequently made by the tenant, the first-mentioned im-
    provements and their value shall be fixed by the Commis-
    sioner, and be specified in the lease. Any building in
    respect of the erection of which an advance has been made
    under these regulations shall be deemed to be an improve-
    ment effected by the lessee to the extent to which that
    advance, and the interest thereon, has been paid by the
    lessee.

RIGHT TO TAKE WATER-RACES AND LAY PIPES.

34. The right is hereby reserved to the Crown or to its
    delegated authority to take water-races and to lay water-
    pipes over any lands disposed of, without compensation ;
    but the rentals of the allotments shall be reduced in pro-
    portion to the area so taken or utilized when any such
    right has been exercised : Provided that if the said land
    has been disposed of for cash, or has been acquired in fee-
    simple, the compensation to be paid for the area taken shall
    be assessed as provided for by Part III of the Public
    Works Act, 1908.

USE OF WATER.

35. In any case where the channel of any creek, or
    natural or artificial water-race or watercourse, runs on
    more allotments than one, then each lessee on whose land
    any part of such channel runs shall have the right to the
    reasonable use and enjoyment of a reasonable proportion
    of the water that would flow in such channel if it were
    not stopped or diverted by any other lessee ; and, for
    the purpose of securing such right as between the respec-
    tive lessees, no lessee on whose land any portion of such
    channel runs shall at any time alter such portion, or stop
    or divert the water flowing therein, save to such extent as
    the Commissioner deems reasonable, and the decision of
    the Commissioner shall be final and conclusive.

FORFEITURE OF LEASES.

36. If a lessee under the said Act or these regulations
    is, during the term of the lease, twice convicted of an
    offence under the provisions of the Orchard and Garden
    Diseases Act, 1908, the Noxious Weeds Act, 1908, or the
    Rabbit Nuisance Act, 1908, with respect to the land com-
    prised in his lease, his lease shall thereupon be deemed to
    be determined. For the purposes of this regulation it
    shall not be material that the second conviction was not
    obtained under the same Act as that under which the first
    conviction was obtained.

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

Certain Lagoons in Mangaone Survey District to be
Sanctuaries for Imported and Native Game.

ISLINGTON, Governor.

PURSUANT to the powers vested in me by the
Animals Protection Act, 1908, I, John Poynder
Dickson-Poynder, Baron Islington, the Governor of the
Dominion of New Zealand, do hereby notify and declare
that the two lagoons situated respectively in Sections
Nos. 18 and 20, Block VII, Mangaone Survey District,
the property of Mr. H. W. Bridge, Tawataia, and an area
of ten chains in width surrounding the said lagoons, shall
be sanctuaries for the purposes of the said Animals Pro-
tection Act, and that no imported game or native game
shall be taken or killed within the said areas.

As witness the hand of His Excellency the Governor,
this third day of July, one thousand nine
hundred and eleven.

D. BUDDO,
Minister of Internal Affairs.