MAY 7.] THE NEW ZEALAND GAZETTE. 1953

may be revoked and determined by the Governor in Council without any notice to the company or other proceeding whatsoever; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to the company, and to all persons concerned or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.

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

Regulations regarding the Purchase of the Fee-simple of the Land comprised in Leases in Perpetuity of Settlement Land under Part IV of the Land Laws Amendment Act, 1913.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-seventh day of April, 1914.

Present:

THE HONOURABLE W. H. HERRIES PRESIDING IN COUNCIL.

IN pursuance and exercise of the powers conferred upon him by Part IV of the Land Laws Amendment Act, 1913, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the following regulations with respect to the purchase by lessees of the fee-simple of the land comprised in leases in perpetuity of settlement land; and doth hereby declare that these regulations shall come into force on the date of the publication thereof in the New Zealand Gazette.

REGULATIONS.

PART I.

PURCHASE OF THE WHOLE OF THE LAND INCLUDED IN A LEASE IN PERPETUITY.

1. EVERY owner of a lease in perpetuity of settlement land who desires to purchase the fee-simple of the land comprised in his lease in pursuance of the provisions of Part IV of the Land Laws Amendment Act, 1913, hereinafter called “the said Act,” shall give notice of his intention to the Commissioner of Crown Lands in the form No. 1 in the Schedule hereto.

2. Every such notice shall be accompanied by a statutory declaration made by the lessee in the form No. 2 in the said Schedule.

3. Every such notice shall on delivery at the office of the said Commissioner be stamped with the date of such delivery, and the Commissioner shall as soon as practicable give notice under his hand in the form No. 3 or in the form No. 4 in the Schedule hereto, informing the lessee of the receipt of the notice, and setting out in accordance with the said Act the terms upon which the purchase is to be completed.

4. Every license to occupy issued in pursuance of any such notice to purchase on deferred payments shall be under the hand of the Commissioner of Crown Lands, and shall be in the form No. 5 in the Schedule hereto.

5. Every such license to occupy shall be registered under the Land Transfer Act, 1908, in manner provided by section 90 of the Land Act, 1908.

PART II.

PURCHASE OF PART OF THE LAND INCLUDED IN A LEASE IN PERPETUITY.

6. Every owner of a lease in perpetuity of settlement land who is disqualified by section 60 of the Land Laws Amendment Act, 1912, from purchasing the whole of the land included in that lease under Part IV of the Land Laws Amendment Act, 1913, and who is desirous of purchasing part of that land under section 61 of the last-mentioned Act, shall make application to the Land Board in the form No. 6 in the Schedule hereto for the consent of the Land Board to such purchase.

7. The applicant shall lodge with the application a plan showing the position and the approximate area and boundaries of the land so proposed to be purchased.

8. If the Land Board consents to such purchase the lessee shall within three calendar months after such consent deliver to the Commissioner of Crown Lands a notice of his desire to purchase the land in the form No. 7 in the Schedule hereto.

9. Every such notice shall be accompanied by a statutory declaration made by the lessee in the form No. 8 in the Schedule hereto.

10. Every such notice shall be accompanied by a plan of a survey of the land proposed to be purchased, made and certified by a licensed surveyor at the cost of the lessee.

11. Every such notice shall, on the delivery thereof at the office of the Commissioner of Crown Lands, be stamped with the date of such delivery.

12. On the receipt of such notice the Commissioner of Crown Lands shall thereupon make application to the Valuer-General to determine, in accordance with section 60 of the Land Laws Amendment Act, 1913, as modified by these regulations, the price of the land included in the plan.

13. For the purpose of such determination the provisions of section 60 of the said Act are hereby, under the authority of section 61 of that Act, modified in manner following:—

(a.) Every reference in section 60 of the said Act to the capital value of the land comprised in the lease shall be construed as a reference to the capital value of that part of the land comprised in the lease which is included in the said plan.

(b.) Every reference in section 60 of the said Act to improvements shall be construed as a reference to improvements effected on the land included in the said plan.

(c.) Every reference in section 60 of the said Act to the original capital value of the land included in the lease shall be construed as a reference to the original capital value of the land included in the said plan, computed in manner hereinafter provided.

(d.) For the purpose of determining the original capital value of the land included in the said plan, the Valuer-General shall apportion the original capital value of the whole of the land included in the lease, as defined by section 60 of the said Act, between the land included in the said plan and the residue of the land included in the said lease in proportion to the relative values of those several areas at the date of the delivery of the notice to purchase. The sum so apportioned to the land included in the said plan shall be deemed to be the original capital value thereof for the purpose of determining the price thereof.

14. The Valuer-General shall thereupon certify to the Commissioner of Crown Lands the price so determined by him, and the Commissioner shall thereupon, in the form No. 9 or in the form No. 10 in the Schedule hereto, deliver to the lessee a notice acknowledging the receipt of the notice and setting out the terms upon which the purchase is to be completed.

15. Every license to occupy issued in pursuance of any such notice to purchase on deferred payment shall be under the hand of the Commissioner of Crown Lands, and shall be in the form No. 11 in the Schedule thereto.

16. Every such license shall be registered under the Land Transfer Act, 1908, in manner provided by section 90 of the Land Act, 1908.

17. Upon completion of a purchase for cash, or on the payment of the deposit payable in respect of a purchase on deferred payments, the lessee shall deliver his lease to the Commissioner of Crown Lands.

18. The annual rental payable by the lessee under his lease in perpetuity for the land not included in his purchase shall, as from the date of the delivery of the notice to purchase, be reduced to a sum equal to 5 per cent. of the original capital value of the whole land originally included in the lease after deducting therefrom the original capital value calculated in accordance with these regulations of the land purchased by the lessee.

19. On the completion of a purchase for cash, or on the payment of the deposit payable in respect of a purchase on deferred payments, the Commissioner of Crown Lands shall deliver to the District Land Registrar, together with the lease, a certificate under his hand in the form No. 12 in the Schedule hereto, indicating the reduced area and rental of the lease.

20. The District Land Registrar shall thereupon enter upon the register and upon every instrument of title a memorial of the reduced area and rental, in accordance with the said certificate of the Commissioner of Crown Lands.

SCHEDULE.

Form No. 1.

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

(Under Part IV of the Land Laws Amendment Act, 1913.)

I, [Name in full, address, and occupation], being the owner of lease No. , under the lease-in-perpetuity tenure,