✨ Lease Agreement Details
3282
THE NEW ZEALAND GAZETTE.
[No. 91
lessee "), all the said land, to be held by him the said
as tenant, for the term of
years
computed from the
day of
, nineteen hundred and
, at the yearly rent of
, subject to the following covenants, conditions, and restrictions :—
-
The said rent shall be payable by equal half-yearly payments, in advance, on the
day of
and the
day of
in each year, the first of such payments having
been already made for the first half-year of the said term, the receipt whereof is hereby acknowledged. -
The lessee will during the said term pay the said rent in manner aforesaid, and will also during
the said term duly and punctually pay all rates, taxes, charges, or assessments (other than landlord’s
land-tax) which during the said term may be payable in respect of the said land. -
The lessee will not assign, sublet, or part with the possession of the said land or any part
thereof, or do any act purporting to assign, sublet, or part with the possession of the said land or any
part thereof (otherwise than by way of mortgage), until he has resided continuously on the said land
for a period of not less than one year, nor except with the precedent permission of the Board in
writing at any time thereafter. -
The lessee will at all times during the continuance of the term hereby created cultivate, use,
and manage in a proper and husbandlike manner all such parts of the land hereby demised as are or
shall be broken up or converted into tillage, and will not at any time waste or impoverish the said
land or any part thereof. -
The lessee will at all times keep the demised premises free from all noxious weeds, and will
not permit to spread thereon any gorse or furze, and will at all times keep properly cut and trimmed
all live hedges and fences. -
The lessee will at all times keep in good and tenantable order and repair all fences,
buildings, and structures existing on the demised premises at the commencement of the term hereby
created (damage by fire excepted), and will at the expiry or sooner determination of the term hereby
created deliver up the said land, with all such fences, buildings, and structures in such repair as afore-
said (damage by fire excepted). -
The lessee will not at any time call upon or compel the Board to contribute to the cost
of erecting, repairing, or maintaining any boundary fence which may now or hereafter be erected
between the land hereby demised and any land adjacent thereto in which the Board may have any
estate or interest : Provided always that this provision shall not enure for the benefit of any occupier
other than the Board of land so adjacent as aforesaid to the land hereby demised so as to deprive the
lessee of any rights which he might have (but for this covenant) against such occupier. -
The lessee shall be entitled on the termination by effluxion of time of the term hereby created
[or on the termination by effluxion of time of any renewed term created under the covenant for
renewal herein contained (whichever shall last happen)] to compensation for all substantial improve-
ments of a permanent character (as defined by the Land Act, 1908, or any other Act amending the
same or substituted therefor and in force at the time when the improvements are effected) which are
put upon the land during the continuance of the term hereby created [or of any renewal thereof as
aforesaid] and are unexhausted on the said termination of such term or renewed term. [This and
the three following clauses to be omitted—if no right to compensation. Words in brackets to be omitted if
no right of renewal.] -
The amount of the said compensation shall not constitute a debt payable by the Board to the
lessee, but shall constitute a charge on the land demised and upon all revenues received therefrom
by the Board after the termination of the said term [or renewed term], and the said charge shall be
enforceable in accordance with the provisions of section 263 of the Native Land Act, 1909. -
For the purpose of determining the amount of compensation to which the lessee is so
entitled the said improvements shall on the expiration of the said term [or renewed term] be valued
by two valuers, one to be named by the Board and the other by the lessee, and in case of their dis-
agreement then by an umpire to be chosen by the valuers previously to entering upon the consider-
ation of the matters referred to them. The valuers or their umpire shall have power to decide any
question which may arise in the course of their valuation, and in particular any question as to what
improvements are proper subjects of valuation according to the true intent and meaning of these presents.
Every such reference to valuers shall be deemed to be a submission to arbitration within the meaning
of the Arbitration Act, 1908. -
If and as often as the lessee makes or proposes to make any such improvements as aforesaid
on the land hereby demised, he shall be entitled on application to the Board to have particulars of
the nature of those improvements, and of the state and condition of the land before the making of
those improvements, recorded by the Board in manner for the time being prescribed by regulations
made by the Governor in Council in pursuance of the Native Land Act, 1909, and every such record
will be permanently preserved by the Board in accordance with the said Act. -
The Board may at all times and from time to time during the continuance of the term hereby
created enter on the land hereby demised and on any part thereof by its agents, officers, or servants,
or by any member of the Board, for the purpose of viewing the state and condition thereof. -
There are hereby excepted and reserved to the Board from this demise all coal, lignite, stone,
clay, kauri-gum, gold, mineral oil, and other metals or minerals whatsoever in or upon the land hereby
demised, with full power and liberty for the said Board, its agents, servants, grantees, or licensees
to enter upon the said land for the purpose of searching for, working, getting, and carrying away all
such metals, minerals, and other things so reserved as aforesaid, and for this purpose to make such
roads, erect such buildings, sink such shafts, and do all such other things as may be necessary ; but
the Board shall pay compensation to the lessee for all loss or damage caused to the lessee by the exercise
of any such powers. The amount of any such compensation shall, in default of agreement, be deter-
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1914, No 91
NZLII —
NZ Gazette 1914, No 91
✨ LLM interpretation of page content
🪶
Memorandum of Lease under the Native Land Act, 1909
(continued from previous page)
🪶 Māori AffairsLease, Maori Land, Native Land Act, District Maori Land Board, Tenancy, Rent, Land Use, Improvements, Compensation