✨ Regulations and Schedules
24
THE NEW ZEALAND GAZETTE.
[No. 3
of notice from the Commissioner fixing the price,
and the succeeding half-yearly payments shall be
payable on each 1st day of January and July thereafter.
(f.) The license to occupy shall be in the form prescribed
in Schedule hereto, and shall contain (and the right
of the licensee shall be subject to) such provisions
for forfeiture of the right and interest of the licensee
in the event of his failure to pay any instalment
of the price or to make any payment of interest as
may be prescribed.
(g.) Upon payment of the price in full, and of all interest,
the purchase shall be deemed to be completed, and
the purchaser shall thereupon be entitled to receive
a certificate of title under the Land Transfer Act
for the land comprised in the license aforesaid.
- The holder of a deferred-payment license under these
regulations shall not be entitled to assign or otherwise dispose
of his interest in the land subject to the license, except by
way of mortgage, or to sublet the land, unless in either case
the consent of the Land Board is first had and obtained. - The fee-simple granted to any purchaser under these
regulations shall continue to be subject to any right, title,
interest, or encumbrance existing or vested in any person,
with respect to the lease held under the Native Townships
Act registered against such lease at the date of its determination, or with respect to the deferred-payment license
registered against such license at the time of completion of
purchase.
SCHEDULE.
Form No. 1.
WHEREAS , of , in the Land District of
(hereinafter called "the purchaser"), is the lessee of
in the Native Township of (hereinafter called
"the said section"), under lease issued under the Native Town-
ships Act, 19 , which lease is dated the , and is subject
to the following encumbrances, liens, or interests—:
And whereas it is proposed that His Majesty the King shall
purchase from the Native beneficial owners the freehold of
the said section, or such portion or portions thereof as may
be comprised in the lease above mentioned, subject to the
purchaser carrying out the undertaking hereinafter mentioned :
Now, therefore, in the event of the said land being purchased
by His Majesty the King it is hereby agreed as follows :—
(1.) Within six months after being requested so to do by
the Commissioner of Crown Lands, , the purchaser,
will surrender his present lease and purchase forthwith for
cash [upon deferred payments]* the freehold in fee-simple
of the land comprised in the lease above mentioned.
(2.) The price to be paid by the purchaser for such freehold
shall be computed in the manner prescribed by clauses 6 and
7 of the regulations made under section 22 of the Native
Townships Act, 1910.
- Purchaser to strike out the option which he does not intend
to exercise.
Dated at this day of , 19 .
Signed by the said in the presence of
Commissioner of Crown Lands.
Signed by the Commissioner of Crown Lands for the
Land District, for and on behalf of His Majesty the King, and
in the presence of
Form No. 2.
OCCUPATION LICENSE issued under Regulations made under
Section 22 of the Native Townships Act, 1910, as amended
by Section 2 of the Native Townships Amendment Act,
1919, on the Purchase on Deferred Payment of Land
acquired by the Crown while held under Lease under
the Native Townships Act, 1910, or any former Native
Townships Act.
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 issued
under the Native Townships Act, 1 , has agreed, pursuant
to the provisions of the regulations made under section 22
of the Native Townships Act, 1910, to purchase on deferred
payment the land hereinafter described : And whereas the
price of the said land computed in accordance with the said
regulations is £ : And whereas the licensee, in pur-
suance of the said regulations, has paid a deposit of £ ,
being five per centum of the said price, and has paid all
rent accrued or accruing up to the date of payment of said
deposit : And whereas it is provided by the said regulations
that upon such payment as aforesaid the lease held under
the Native Townships Act, 1 , shall determine, and the
lessee shall hold the land under a license to occupy :
Now, this deed witnesseth that His Majesty the King, in
consideration of the premises and of the covenants herein-
after expressed on the part of the licensee, and in pursuance
of the regulations aforesaid, doth hereby grant to the licensee
an exclusive license to occupy all that piece of land, con-
taining by admeasurement acres roods
perches, be the same a little more or less, situated in the
Land District of , and being Section No.
Block , Township; as the same is more par-
ticularly 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 : Subject, however, to any right, title, interest,
or encumbrance existing or vested in any person other than
the licensee and affecting the first herein-mentioned lease at
the date of 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
£ , being ninety-five per centum of the aforesaid price
of the said land, by nineteen equal annual instalments of
, the first of such payments to be made on the first
day of , 19 : 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 the
foregoing covenant.
(2.) The licensee will pay to His Majesty interest at the rate
of five per centum on such part of the said price as is for
the time being unpaid, computed from the day of
, 19 , by a payment on the day of
next of so much interest as shall then have accrued, and
thereafter by half-yearly payments on the first day of January
and the first day of July in each year.
(3.) The licensee will not at any time during the continuance
of the license, without the previous consent of the Land Board
of the land district in which the said land is situated, remove
any minerals from the said land, or commit any other form
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 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 this 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 this 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.
SCHEDULE.
[Description of Land.]
Commissioner of Crown Lands.
Signed by the Commissioner of Crown Lands on behalf of
His Majesty the King in the presence of—
Signature of witness :
Occupation :
Address :
Licensee.
Signed by the above-named licensee in the presence of--
Signature of witness :
Occupation :
Address :
F. D. THOMSON,
Clerk of the Executive Council.
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Regulations for Disposal of Lands under Native Townships Act
(continued from previous page)
🗺️ Lands, Settlement & SurveyNative Townships Act, Land Disposal, Regulations, Lease, Freehold, Deferred Payment, License
- F. D. Thomson, Clerk of the Executive Council
NZ Gazette 1921, No 3