✨ Wood-pulp Lease Regulations
JUNE 17.
THE NEW ZEALAND GAZETTE.
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The lessee shall not have any right to depasture stock
on any part of the area included in the lease except with the
written permission of the Board, and for purposes in connection with the manufacture of wood-pulp, nor shall he
have any right to minerals found upon the area, nor to the
use of the surface-soil. -
The lessee shall prevent by all means in his power the
destruction by his servants, agents, workmen, and employees
of timber on the land held by him under lease or certificate
of reservation, otherwise than is provided in these regulations. -
The lessee shall be entitled to select out of the land
held by him under lease and certificate of reservation an area
of 100 acres on which to erect mill, plant, machinery, and
buildings, and for other purposes incidental thereto, and to
the working and occupation of the land; and a lease over the
same may be issued to him for a term not exceeding twenty-one years at such rental as may be determined by the Board. -
Free right of access shall be reserved to the public over
such portion of the area held under lease and certificate of
reservation as is not included in the area of 100 acres selected
as a mill-site under the preceding clause; provided that all
persons entering upon the area over which the lessee is for
the time being entitled to cut timber, shall be liable to the
lessee for any damage done by them to any tramways, railways,
roads, or other works constructed by the lessee on any part
of the land. -
On the recommendation of the Board the Governor
may at any time resume from the area reserved for the lessee
under the provisions of clause 4 hereof such land as may
in his opinion be required for settlement or for any public purpose, and no compensation shall be payable to the lessee by
reason of such resumption; provided that such resumption
shall not prevent the lessee from using all the tramways,
roads, and railways then constructed and in use at the time
of such resumption. -
If payment of rent or royalty is not made within thirty
days of the same becoming due, the Board shall have the
power to forfeit the lease without payment of compensation
to the lessee therefor. -
The holders of miners’ rights shall have the right to
prospect over the area granted under lease or certificate of
reservation under these regulations, and the Warden may
grant mining privileges over such portion of the area as is
not included in the area selected as a mill-site under clause 20
hereof; provided that the mining operations shall not prejudice or interfere with the work or operations of the lessee,
and, further, that the lessee shall not, except for negligence,
be responsible or liable for any damage or injury caused or
done to the holders of such mining privileges by reason of
the lessee’s operations. -
The lessee shall prevent the growth and spread of
noxious weeds upon the areas held by him under lease.
SCHEDULE.
Form No. 1.
LEASE UNDER SECTION 141 OF THE LAND ACT, 1908.
No.
THIS deed, made the day of , 19 , between
His Majesty the King (who, with his heirs and successors,
is hereinafter termed “the lessor”), of the one part, and
, of , in the Land District of , in
the Dominion of New Zealand (hereinafter, with
executors, administrators, and permitted assigns, referred to
as and included in the term “the lessee”), of the other part,
witnesseth that, in consideration of the rent hereinafter
reserved, and of the covenants, conditions, and agreements
herein contained and implied and on the part of the lessee
to be paid, observed, and performed, the lessor doth hereby
demise and lease unto the lessee all that piece or parcel of
land, containing by admeasurement acres
roods and perches, a little more or less, situated in
the Land District of aforesaid, and being section
numbered , Block , Survey District of ;
as the same is more particularly delineated and described in
the plan drawn hereon, and therein coloured red in outline;
together with the rights, easements, and appurtenances to
the same belonging; to hold the said several premises intended to be hereby demised unto the lessee for the term of
seven [fourteen or twenty-one] years, commencing from the
first day of , subject to the conditions set forth in the
Schedule hereto, and subject also as hereinafter mentioned;
yielding and paying therefor unto the Receiver of Land
Revenue for the said District of the annual rent of
(£ ), payable half-yearly in advance on the
first day of January and first day of July in each and every
year during the said term, free from all deductions whatsoever.
And i is hereby declared and agreed that these presents
are intended to take effect as a lease under section 141 of
B
2083
the Land Act, 1908, and the regulations made thereunder;
and the provisions thereof respectively, and of the Land Act
1908, so far as the same apply to the term, estate, or interest
hereby granted or created, shall apply and be binding in all
respects upon the parties hereto in the same manner as if
such provisions had been fully set out herein.
And it is hereby further declared that if any dispute or
disagreement shall arise between the parties hereto touching
the construction of these presents, or in anyway relating
hereto, such dispute or disagreement shall be referred to
arbitration in the manner set forth in section 9 of the Land
Laws Amendment Act, 1912; and neither of the said parties
shall take or cause to be taken any steps or proceedings to
set aside or call in question any award or decision which
may have been given upon any such reference as final.
In witness whereof the Commissioner of Crown Lands for
the Land District of , on behalf of the lessor, hath
hereunto set his hand, and these presents have also been
executed by the said lessee.
Signed by the said Commissioner, on behalf of the said
lessor, in the presence of—
Signed by the above-named as lessee in the presence of—
SCHEDULE.
Conditions.
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The lease is granted for the purpose of making wood-pulp for paper-manufacture only, and on the distinct understanding that the lessee accepts all responsibility for the
suitability of the timber for wood-pulping purposes. The
lessee shall have the right to cut timber for the purposes
aforesaid, and for use in connection with buildings or any
other purposes in connection with the manufacture of wood-pulp, but shall have no right, except as provided in the
regulations, to remove or sell any such timber except in the
form of wood-pulp. -
The lessee shall, within one year from the date of the
lease, commence the erection of the machinery required,
failing which the lease shall be forfeited. -
The lessee shall complete the erection of the mill within
such time as the Commissioner of Crown Lands thinks reasonable. -
The rent payable may be remitted by the Governor, on
the recommendation of the Land Board, for the whole or any
portion of the time that may elapse before the lessee shall
have manufactured 500 tons of wood-pulp. -
Royalty at the rate of ls. per ton weight on timber cut
and manufactured into wood-pulp during the preceding six
months shall be payable on the first days of January and
July in each and every year; the timber to be weighed in
its raw state before being converted into pulp; but so often
as the royalty payable exceeds the rent such rent for the period
for which that royalty was payable shall be remitted, and
shall be credited as part-payment of royalty for such period;
provided that the Governor, on the recommendation of the
Land Board, may remit the royalty on the whole or part of
the timber utilized in the manufacture of the first 500 tons
of wood-pulp. -
The lessee shall, on the first days of January and July in
each and every year forward to the Commissioner of Crown
Lands a statement showing the total amount of timber cut
and wood-pulp manufactured during the preceding six
months, accompanied by a declaration made and signed
before a Justice of the Peace certifying to the correctness
of such statement. -
Such statement shall show—
(a.) The amount of timber cut off the land held under the
lease;
(b.) The quantity of timber purchased either from sawmill-owners or from freeholders;
(c.) The quantity of wood-pulp manufactured. -
The lessee shall keep a book or books in which he shall
record each day the quantity in weight of timber cut under
the lease, or purchased, and the amount of wood-pulp manufactured; and such book or books shall at all reasonable
times be available for inspection by the Commissioner of
Crown Lands or other officer appointed by him. -
If the lessee fails to keep the plant working continuously
or to work and use the timber on the land held under lease
by him in a manner satisfactory to the Land Board the
Governor may, on the recommendation of the Board, cancel
the lease after not less than three months’ notice to the
lessee of the intention to do so; provided that the lessee
shall be entitled, within such time as the Board may determine, to remove all machinery, plant, and buildings erected
by him. -
On application in like manner, as provided in the
Mining Act, 1908, to the Warden (if the land is situated in a
mining district), or to the Commissioner of Crown Lands (if
the land is outside a mining district), the lessee may be
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1915, No 75
NZLII —
NZ Gazette 1915, No 75
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Wood-pulp Regulations under the Land Act, 1908
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🗺️ Lands, Settlement & SurveyWood-pulp, Regulations, Land Act 1908, Lease, Timber, Paper-making