1956

THE NEW ZEALAND GAZETTE.

[No. 47]

To this amount must be added interest on the price at the rate of 5 per cent. per annum from the day of , 19 [Date of receipt of notice to purchase], to the date of payment of the price—namely per day.

Your lease in perpetuity must be delivered up to the Commissioner before the issue of the freehold title.

If the above amount is not paid on or before the day of , 19 [Three months after receipt of notice to purchase], the contract of purchase may be cancelled by the Land Board, in which case you will have no right to give any further notice of intention to purchase until the expiry of a period of three years from the date of the first notice.

Dated at , this day of , 19 .

Commissioner of Crown Lands.

Form No. 10.

NOTICE BY COMMISSIONER OF CROWN LANDS OF RECEIPT OF NOTICE BY LESSEE OF INTENTION TO PURCHASE ON DEFERRED PAYMENT THE FEE-SIMPLE OF PART OF THE LAND COMPRISED IN A LEASE IN PERPETUITY OF SETTLEMENT LAND.

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

Section , Block Survey District,
Settlement: Acres Roods
Perches.

I HAVE to acknowledge receipt of your notice of intention to purchase on deferred payment the fee-simple of part of the above-mentioned land, received by me on the day of , 19 .

I have to give you notice that the price of the land you desire to purchase, as determined in accordance with section 60 of the Land Laws Amendment Act, 1913, is £ .

The license to occupy will issue on payment of the undermentioned amounts to the Receiver of Land Revenue not later than the day of ; 19 [Three months after receipt of notice to purchase].

License fee] .. .. .. .. £ s. d.
Deposit of 5 per cent. of price .. .. 1 1 0
Rent due up to [Date of receipt of notice to purchase] .. .. .. ..

Your lease in perpetuity must be delivered up to the Commissioner before the issue of the license to occupy. If the above amount is not paid on or before the day of , 19 [Three months after receipt of notice to purchase], the contract of purchase may be cancelled by the Land Board, in which case no further notice of intention to purchase will be accepted until the expiry of a period of three years from the date of the first notice.

Dated at , the day of , 19 .

Commissioner of Crown Lands.

Form No. 11.

OCCUPATION LICENSE ISSUED UNDER PART IV OF THE LAND LAWS AMENDMENT ACT, 1913, ON THE PURCHASE ON DEFERRED PAYMENT OF PART OF THE LAND INCLUDED IN A LEASE IN PERPETUITY OF SETTLEMENT LAND.

THIS deed, made the day of , 19 , between His Majesty the King, of the one part, and , of (who with his executors, administrators, and assigns is hereinafter referred to as “the licensee”), of the other part:

Whereas the licensee, being the owner of a lease in perpetuity No. , of Section , Block , in the Survey District, Settlement, comprising acres roods perches, did, on the day of , 19 , in pursuance and exercise of the right of purchase conferred upon him by section 61 of the Land Laws Amendment Act, 1913, give notice to the Commissioner of Crown Lands of his intention to purchase on deferred payment part of the land comprised in the said lease—namely, that part thereof which is described in the Schedule hereto :

And whereas the price of the land so purchased, computed in accordance with the said Act, is :

And whereas the licensee has, in pursuance of the said Act, paid a deposit of , being 5 per cent. of the said price, and has also paid all rent accrued or accruing due up to the date of the delivery of the aforesaid notice of intention to purchase :

And whereas it is provided by the said Act that upon such payment as aforesaid the lease in perpetuity shall determine so far as it relates to the land so purchased, and that the lessee thereof shall hold the land so purchased under a license to occupy :

Now, this deed witnesseth that His Majesty the King, in consideration of the premises and of the covenants hereinafter expressed on the part of the licensee, and in pursuance of Part IV of the Land Laws Amendment Act, 1913, doth hereby grant to the licensee an exclusive license to occupy all that piece of land containing by admeasurement acres roods perches, be the same a little more or less, situated in the Land District of , and being Section No , Block , Survey District, as the same is more particularly described in the Schedule hereto, and delineated on the plan drawn hereon and thereon coloured red in outline: To hold the same unto the licensee under and subject to the covenants and conditions hereinafter expressed for the term of nineteen years from the day of , 19 , or until the said land is sooner granted in fee-simple to the licensee in pursuance of Part IV of the Land Laws Amendment Act, 1913: Subject, however, to any right, title, interest, or incumbrance existing or vested in any person other than the licensee, and affecting the aforesaid lease in perpetuity at the date of the determination thereof: And the licensee doth hereby covenant with His Majesty the King, in manner following:—

1. The licensee will pay to His Majesty the balance of 95 per cent. of the aforesaid price of the said land by nineteen equal annual instalments of , the first of such payments to be made on the day of , 19 [One year after the date of delivery of the notice to purchase].

Provided always that the licensee shall be at liberty at any earlier time or times to pay to His Majesty the whole or any part or parts of the said price, and all moneys so paid under this proviso shall to the extent thereof be deemed and taken to be paid in satisfaction and performance of the obligations of the licensee under this foregoing covenant.

2. The licensee will pay to His Majesty interest at the rate of 5 per centum per annum on such part of the said price as is for the time being unpaid by half-yearly payments on the day of and the day of [Six months and twelve months from delivery of notice to purchase] in each year, the first of such payments to be made on the day of 19 , in respect of the preceding period of six calendar months.

3. The licensee will not at any time during the continuance of the license, without the previous consent in writing of the Land Board of the land district in which the said land is situated, cut any timber on the said land, or remove any minerals therefrom, or commit any other species of waste in respect thereof: Provided always, and it is hereby agreed and declared, that if the licensee make default in the due and full payment of any instalment of the said price, or of any interest due in respect thereof, the aforesaid Land Board may cause to be given to the licensee or to any person who is for the time being in occupation of the land, or of any part thereof, notice under the hand of the Commissioner of Crown Lands that if the moneys so in arrear are not paid within one calendar month after the date of the aforesaid notice, the Land Board will forfeit this license: And it is hereby agreed and declared that if the moneys so in arrear are not paid within one calendar month after the date of the aforesaid notice, the Land Board may, in its discretion, without any further or other notice, by resolution, forfeit the license, and thereupon the license and the contract between His Majesty and the licensee for the purchase of the land, and the interest of the licensee in the said land, shall absolutely cease and determine, and all moneys theretofore paid by the licensee under this license or in respect of the said contract shall remain the property of His Majesty; but no such forfeiture shall relieve the licensee from his obligation to pay to His Majesty any moneys in arrear under the license at the date of such forfeiture, or from any liability for any breach theretofore committed of the covenants herein expressed.

In witness whereof the Commissioner of Crown Lands for the Land District of , on behalf of His Majesty the King, has hereunto set his hand, and these presents have also been executed by the licensee.

THE SCHEDULE.

[Description of land.]

Signed by the Commissioner of Crown Lands, on behalf of His Majesty the King, in the presence of

Commissioner of Crown Lands.

Signed by the above-named licensee, in the presence of

Licensee.