Land Purchase Regulations




Mar. 20.] THE NEW ZEALAND GAZETTE. 897

  1. Every such notice shall, on delivery at the office of the Commissioner, be stamped with the date of such delivery, and the Commissioner shall forthwith, by notice under his hand in the form No. 3 or the form No. 4 in the Schedule hereto, inform the lessee of the delivery of such notice, and shall set out, in accordance with the said Act, the terms upon which the purchase is to be completed.

  2. Every license to occupy issued on the determination of a lease in perpetuity in pursuance of section 34 of the said Act shall contain such of the provisions of the said lease as the Land Board considers to be applicable.

  3. If the licensee fails to observe any of the said provisions, or makes default in the due and full payment of any instalment of the price or of any interest due in respect thereof, the Land Board may, in its discretion, without any previous or other notice or demand, forfeit the said license, and thereupon the licensee’s interest therein shall absolutely cease and determine; but such forfeiture shall not affect any right or remedy to recover from the licensee any money payable by him under the said license (other than in respect of instalments of the price), nor release the licensee from any penalty or liability in respect of anything done or omitted to be done by him.

  4. Every such license to occupy shall be under the hand of the Commissioner of Crown Lands, and shall be in the form No. 5 in the Schedule hereto or to the effect thereof.


SCHEDULE.

Form No. 1.

NOTICE OF INTENTION TO PURCHASE FEE-SIMPLE OF LAND COMPRISED IN LEASE IN PERPETUITY.

Under Part II of the Land Laws Amendment Act, 1912.

To the Commissioner, of Crown Lands, Land District,

I, [Name in full, address, and occupation], being the owner of a lease in perpetuity (No. ) of Section , Block , situated in the Survey District, in the Land District, comprising acres roods perches, do hereby give notice, in pursuance of the provisions of Part II of the above-mentioned Act, of my intention to purchase the fee-simple of the land comprised in the said lease in perpetuity, and I do hereby elect to purchase the same for cash [or upon deferred payments].

I enclose herewith a statutory declaration that I am not debarred from exercising my right of purchase by reason of the provisions of section 97 of the Land Act, 1908.

Dated at this day of , 19 .

[Signature of Lessee.]

Form No. 2.

DECLARATION BY OWNER OF LEASE IN PERPETUITY ON NOTIFYING INTENTION TO PURCHASE THE FEE-SIMPLE OF THE LAND COMPRISED IN HIS LEASE.

Under Part II of the Land Laws Amendment Act, 1912.

I, A. B. [Name in full, address, and occupation], do solemnly and sincerely declare:—

  1. That I am the owner of a lease in perpetuity (No. ) of Section , Block , situated in the Survey District, in the Land District, comprising acres roods perches.

  2. That, in pursuance of the provisions of Part II of the Land Laws Amendment Act, 1912, I gave notice, dated the day of , 19 , to the Commissioner of Crown Lands for the Land District, of my intention to purchase the fee-simple of the land comprised in the said lease.

  3. That the said land, together with all other land (whether Crown land or not) owned, held, or occupied by me under any tenure of more than one year’s duration, either severally or jointly or in common with any other person, does not exceed a total area of 5,000 acres, computed as follows:—

(a.) Every acre of first-class land is reckoned as 7½ acres;

(b.) Every acre of second-class land is reckoned as 2½ acres; and

(c.) Every acre of third-class land is reckoned as 1 acre.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Justices of the Peace Act, 1908.

Declared at this day of , 19 , before me—

A. B.

C. D.

Justice of the Peace [or Solicitor of the Supreme Court, or Notary Public].

Form No. 3.

NOTICE BY COMMISSIONER OF RECEIPT OF NOTICE BY LESSEE OF INTENTION TO PURCHASE FOR CASH THE FEE-SIMPLE OF LAND COMPRISED IN LEASE IN PERPETUITY.

Under Part II of the Land Laws Amendment Act, 1912.

To [Name, address, and occupation of lessee].

I, [Name in full], being the Commissioner of Crown Lands for the Land District of , hereby notify you that on the day of , 19 , I received your notice, dated the day of , 19 , of intention to purchase for cash the fee-simple of the land comprised in your lease in perpetuity (No. ) of Section , Block , situated in the Survey District, in the Land District, comprising acres roods perches.

The price of the said land is £ , and you are required before the day of , 19 ,* to pay the said sum, together with the sum of £ (being the amount of rent accrued and accruing due under your lease up to the date of the delivery of your notice), and also interest at the rate of 5 per centum per annum on the price aforesaid from the date of delivery aforesaid to the date of payment.

If you make default in any such payment within the time aforesaid the Board may, in its discretion, cancel and determine the contract of purchase, and you shall not in such case be entitled to again give notice of intention to purchase until the expiration of five years from the date of the delivery of your present notice.

Dated at this day of , 19 .

Commissioner of Crown Lands for the Land District.

  • Three months after date of delivery of notice.

Form No. 4.

NOTICE BY COMMISSIONER OF RECEIPT OF NOTICE BY LESSEE OF INTENTION TO PURCHASE ON DEFERRED PAYMENTS THE FEE-SIMPLE OF LAND COMPRISED IN LEASE IN PERPETUITY.

Under Part II of the Land Laws Amendment Act, 1912.

To [Name, address, and occupation of lessee].

I, [Name in full], being the Commissioner of Crown Lands for the Land District of , hereby notify you that on the day of , 19 , I received your notice, dated the day of , 19 , of intention to purchase on deferred payments the fee-simple of the land comprised in your lease in perpetuity (No. ) of Section , Block , situated in the Survey District, in the Land District, comprising acres roods perches.

The price of the said land is £ , and you are required before the day of , 19 ,* to pay a deposit of £ (being 10 per centum of the said price), together with the sum of £ (being the amount of rent due and accruing due under your lease up to the date of the delivery of your notice).

Dated at this day of , 19 .

Commissioner of Crown Lands for the Land District.

  • Three months after date of delivery of notice.

Form No. 5.

LICENSE TO OCCUPY LAND ISSUED ON DETERMINATION OF LEASE IN PERPETUITY WHERE LESSEE HAS ELECTED TO PURCHASE FEE-SIMPLE ON DEFERRED PAYMENTS.

Under Part II of the Land Laws Amendment Act, 1912.

WHEREAS [Name in full] being the owner of a lease in perpetuity (No. ) of Section , Block , situated in the Survey District, in the Land District, comprising acres roods perches, has, in pursuance of Part II of the Land Laws Amendment Act, 1912, elected to purchase the fee-simple of the said land upon deferred payments: And whereas the said has, in pursuance of section 34 of the said Act, paid a deposit of £ (being equal to 10 per centum of the price of the said land), and also the sum of £ (being the rent accrued and accruing due under the aforesaid lease up to the date of the delivery of the notice of intention to purchase): And whereas it is provided by section 34 of the said Act that upon such payment as aforesaid the lease shall determine, and that the lessee shall hold the land under a license to occupy:

Now, therefore, I, , the Commissioner of Crown Lands for the Land District of , do hereby license the



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VUW Te Waharoa PDF NZ Gazette 1913, No 23


NZLII PDF NZ Gazette 1913, No 23





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🗺️ Regulations for Purchase of Fee-simple of Lease in Perpetuity (continued from previous page)

🗺️ Lands, Settlement & Survey
10 March 1913
Land Laws Amendment Act, Lease in perpetuity, Fee-simple purchase