✨ Amending Regulations under the Discharged Soldiers Settlement Amendment Act, 1915
Nov. 15.] THE NEW ZEALAND GAZETTE. 2797
Amending Regulations under the Discharged Soldiers Settlement
Amendment Act, 1915.
JELLICOE, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 7th day
of November, 1923.
Present:
THE HONOURABLE SIR F. H. D. BELL, G.C.M.G., K.C.,
PRESIDING IN COUNCIL.
I N pursuance and exercise of the powers and authorities
conferred upon him by the Discharged Soldiers Settle-
ment Act, 1915 (hereinafter referred to as the said Act),
and by sections twenty-one and twenty-three of the Discharged
Soldiers Settlement Amendment Act, 1923, His Excellency
the Governor-General of the Dominion of New Zealand,
acting by and with the advice and consent of the Executive
Council of the said Dominion, doth hereby amend in the
manner set forth in the Schedule hereto the regulations
under the said Act (hereinafter referred to as the said regula-
tions) made on the fourth day of September, one thousand
nine hundred and twenty-two, and published in the New
Zealand Gazette of the seventh day of September, one thousand
nine hundred and twenty-two.
SCHEDULE.
-
WITH respect to a mortgage given in pursuance of the
provisions of section 9 of the Discharged Soldiers Settlement
Amendment Act, 1921–22, as security for unpaid purchase-
money in respect of any estate or interest in any land acquired
by His Majesty, the half-yearly instalments of purchase-
money and of interest payable under such mortgage shall
be calculated and apportioned in accordance with such one
of the tables in the hereinafter-mentioned Schedules to the
said regulations as is appropriate to the term of the mortgage
so given, and to the rate of interest chargeable thereunder:
(a.) Where interest on unpaid purchase-money is payable
at the rate of 5 per centum per annum—
For a term of 10 years, Third Schedule.
„ 15 „ Fourth Schedule.
„ 20 „ Fifth Schedule.
„ 25½ „ Second Schedule.
„ 36½ „ Sixth Schedule.
(b.) Where interest on unpaid purchase-money is payable
at the rate of 5½ per centum per annum—
For a term of 10 years, Seventh Schedule.
„ 15 „ Eighth Schedule.
„ 20 „ Ninth Schedule.
„ 24½ „ Tenth Schedule.
„ 34½ „ Eleventh Schedule. -
(1.) With respect to a license to occupy on deferred
payments granted pursuant to the provisions of section 21
of the Discharged Soldiers Settlement Amendment Act,
1923, which license shall be in the Form No. 15 in the First
Schedule to the said regulations, the half-yearly instalments
of principal and interest in respect of balance of purchase-
money payable thereunder shall be calculated and apportioned
in accordance with such one of the tables in the schedules
mentioned in the preceding clause as is appropriate to the
term of the license so granted, and to the rate of interest
chargeable upon unpaid purchase-money.
(2.) Upon payment of the price in full, and of all interest
thereon, in respect of a license to occupy on deferred pay-
ments granted as aforesaid, the purchase shall be deemed
to be completed, and a certificate of title for the land so
purchased shall be issued accordingly. -
The said regulations are hereby amended by adding,
after Form No. 14 in the First Schedule thereto, the following
new form:—
[Form No. 15.
NEW ZEALAND.
Particulars entered in Register-Book, Vol. , fol. ,
the day of 19 , at .
. . . . . . . Land District.
OCCUPATION LICENSE ISSUED UNDER SECTION 21 OF THE
DISCHARGED SOLDIERS SETTLEMENT AMENDMENT ACT,
1923, ON THE PURCHASE ON DEFERRED PAYMENT OF ANY
LAND UNDER THAT SECTION.
No. .
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 has agreed, pursuant to the pro-
visions of the Discharged Soldiers Settlement Act, 1915, and
the amendments thereof (hereinafter referred to as the said
Act) and the regulations thereunder to purchase on deferred
payments the land hereinafter described for the sum of
And whereas the licensee, in pursuance of section 21 of
the Discharged Soldiers Settlement Amendment Act, 1923,
has paid a deposit of , being per centum of
the price of the said land, and being the amount fixed by the
Minister of Lands as provided by the said section.
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
section 21 of the Discharged Soldiers Settlement Amendment
Act, 1923, and the regulations thereunder, doth hereby grant
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 herein-
after expressed, for the term of years from the
day of , 19 , or until the said land is sooner granted
in fee-simple to the licensee. 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
the aforesaid price of the said land (hereinafter sometimes
referred to as “the principal”) with interest thereon at
the rate of per centum per annum by half-
yearly instalments of , the first of such payments
to be made on the first day of , 19 , and subse-
quent payments to be made on the day of
and the first day of in each year during the said
term. All moneys paid by the licensee in respect of instal-
ments payable hereunder shall be applied in payment of
principal and interest in the proportions applicable to the
appropriate payment calculated in accordance with the table
in Schedule to the regulations made under the said
Act.
(2.) The licensee may at any time, without previous notice
of intention so to do, pay to His Majesty the amount (in no
case less than ten pounds) of principal included, according
to the aforesaid table, in any number of consecutive half-
yearly instalments next succeeding the instalment corre-
sponding with the half-yearly period then current.
The payment of any such amount shall not affect the
periodical continuity of half-yearly instalments, but the
amount of principal and interest included in the succeeding
instalments shall be calculated according to the aforesaid
table as if the half-yearly periods corresponding to the in-
stalments of principal so paid had expired, and the period of
years during which instalments of principal and
interest would otherwise have been payable shall be reduced
accordingly.
(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, remove any minerals from the said land, or commit
any other species of waste in respect thereof.
(4.) That the provisions of the regulations made under
the said Act are implied herein so far as applicable and shall
have the same force and effect as if the same were set out
in full.
Provided always and it is hereby agreed and declared
that if the licensee make default in the due and full pay-
ment 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 for
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.
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1923, No 80
NZLII —
NZ Gazette 1923, No 80
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🗺️ Amending Regulations under the Discharged Soldiers Settlement Amendment Act, 1915
🗺️ Lands, Settlement & Survey7 November 1923
Regulations, Discharged Soldiers Settlement, Mortgage, License to Occupy, Land Purchase
- JELLICOE, Governor-General
- THE HONOURABLE SIR F. H. D. BELL, G.C.M.G., K.C., PRESIDING IN COUNCIL