✨ Mining Act Forms
Nov. 11.] THE NEW ZEALAND GAZETTE. 3215
account of any loss which the lessee may sustain on
account of mining operations carried on below the
surface of the demised land or the lands adjoining
thereto.
And the lessee doth hereby covenant with the lessor as
follows :—
(a.) That the lessee will from time to time well and truly
pay the said rent as hereinbefore appointed, and
also all rates, taxes, and assessments levied on the
demised land during the said term. And also
(b.) That the lessee will not part with, assign, or under-
let the demised land or any part thereof without
the previous consent in writing of the lessor, or of
some person duly authorized by the lessor to give
such consent. And also
(c.) That the lessee will not mine for gold or any other
metal or mineral on or under the demised land,
or extract, dig, or search for gold or any other
metal or mineral therein or thereon. And also
(d.) That the lessee will not at any time commence or
prosecute any action or suit or take any proceed-
ings against any person or body corporate to re-
cover any compensation or damages for any loss
which the lessee may sustain on account of any
mining operation carried on below the surface of
the demised land or the lands adjoining thereto.
And it is hereby further agreed and declared that these
presents are subject to the provisions of section 45 of the
Mining Act, 1926, and are granted on the express condition
that, if and as often as the said rent or any part thereof is
in arrear and unpaid for thirty days next after any of the
days hereinbefore appointed for the payment thereof, although
no formal demand may have been made therefor, or if and
as often as the lessee neglects or fails to observe any other
of the covenants or provisions herein contained or implied,
or for six months continuously abandons or deserts the
demised land, then in any of such cases it shall be lawful
for any person or persons thereunto duly authorized by the
lessor, or by the Minister of Mines, into and upon the demised
lands to re-enter, and thereupon this demise shall be abso-
lutely determined, but without releasing the lessee from the
payment of any arrears of rent or from any action or suit
for or on account of any preceding default.
In witness whereof the lessor and the lessee have hereunto
set their hands the day and year first hereinbefore written.
, Lessor.
, Lessee.
Signed by the within-named lessor
in the presence of—
A. B.
[Residence and occupation.]
Signed by the within-named lessee
in the presence of—
C. D.
[Residence and occupation.]
Consented to this day of , 19 .
, Minister of Mines.
Form 97 (Reg. 54).
LEASE UNDER SECTION 47 OF THE MINING ACT, 1926.
THIS deed, made the day of , one thousand
nine hundred and , in pursuance of section forty-seven
of the Mining Act, 1926, between His Majesty the King
(who, with his heirs and successors, is hereinafter referred
to as “the King”) of the one part, and (who, with
his executors, administrators, and permitted assigns, is
hereinafter called “the lessee”) of the other part, witnesseth
that the King doth hereby demise and lease unto the lessee
all that piece or parcel of land, situate at , in the
Mining District, containing , and being
Suburban Section Number on the Warden's office
plan of , and as the same is more particularly de-
lineated in the plan drawn in the margin of these presents
and therein coloured red : To hold the same unto the lessee
for the term of years from the date hereof : Yielding
and paying unto the King during the said term the yearly
rent of in advance by equal half-yearly instalments,
the first of such instalments having been duly paid, and the
subsequent instalments being due and payable in advance
on the day of and the day of
in each year throughout the said term : Provided always,
and it is hereby expressly declared and agreed, as follows :—
- These presents shall be construed and taken to be a
demise of the surface of the demised land only,
and shall not entitle the lessee to mine on or under
the demised land, or to extract, dig, or search
for gold, or any other metals or minerals therein
or thereon. - The lessee shall have no claim for compensation or
otherwise against the King, or against any person
or persons, or body or bodies corporate, for or
on account of any loss which the lessee may sus-
tain on account of mining operations carried on
below the surface of the demised land, or the lands
adjoining thereto, provided that such mining
operations were not being carried on at a less
distance from the surface than that sanctioned
by the Warden. - This lease shall be subject to all the provisions of the
Mining Act, 1926, and regulations thereunder, and
its and their amendments, relating to the forfeiture
and abandonment of residence-sites, and to the
recovery of rents in arrear, and such provisions shall
be deemed to be incorporated herein, and to form
part of the conditions of the lease. - At the expiration of the term of this lease the section
shall (unless required by the Crown) be again put
up for auction, but weighted with the value of the
buildings and other improvements then existing
thereon, ascertained by valuation under section forty-
two of the Mining Act, 1926, but in no case shall any
right of valuation exist as against the Crown.
And the lessee doth hereby covenant with the King as
follows :
(a.) That the lessee will from time to time pay the said
rent to the said Receiver of Gold Revenue at ,
and also all rates, taxes, and assessments levied on
the demised land during the said term ; and also
(b.) That the lessee will not part with, assign, underlet,
or otherwise dispose of the demised land, or any
part thereof, without the previous consent in writing
of the King, or some person duly authorized to give
such consent ; and also
(c.) That the lessee will not mine for gold or any other
metal or mineral on or under the demised land, or
extract, dig, or search for gold or any other metal
or minerals therein or thereon ; and also
(d.) That the lessee will not at any time commence or
prosecute any action or suit, or take any proceed-
ings, against any person or body corporate to
recover any compensation or damages for any
loss which the lessee may sustain on account of
any mining operations carried on below the sur-
face of the demised land, or the lands adjoining
thereto, provided that such mining operations were
not being carried on at a less distance from the
surface than that sanctioned by the Warden ; and
also
(e.) That the lessee shall within twelve months from the
date of this lease fence the whole of the land herein
demised with a substantial fence.
And it is hereby further agreed and declared that these
presents are subject to the provisions of section forty-seven
of the Mining Act, 1926, and are granted on the express
conditions that, if and as often as the said rent or any part
thereof is in arrear and unpaid for thirty days next after
any of the days hereinbefore appointed for the payment
thereof, although no formal demand may have been made
therefor, or if and as often as the lessee neglects or fails to
observe any other of the covenants or provisions herein con-
tained or implied, or for six months continuously abandons
the said demised premises, then in any of such cases it shall
be lawful for any person or persons thereunto duly autho-
rized by the King, or by the Minister on his behalf, into and
upon the demised land to re-enter, and thereupon this demise
shall be absolutely determined, but without releasing the
lessee from the payment of any arrears of rent, or from any
action or suit for or on account of any preceding default.
In witness whereof the Warden of the Mining
District, on behalf of the King, and the said lessee, have set
their hands respectively the day and year first hereinbefore
written.
[Lessor.]
[Lessee.]
Signed by A. B., Warden, &c., for and on behalf of the King,
in the presence of—
[Residence and occupation.]
Signed by the said lessee in the presence of—
[Residence and occupation.]
Form 98 (Reg. 147).
APPLICATION TO BE REGISTERED AS A MINING AGENT.
To the Warden of the Mining District, at .
PURSUANT to the Mining Act, 1926, the undersigned hereby
makes application to be registered as a mining agent for the
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VUW Te Waharoa —
NZ Gazette 1926, No 76
NZLII —
NZ Gazette 1926, No 76
✨ LLM interpretation of page content
⚖️
Form of Lease in a Mining Township
(continued from previous page)
⚖️ Justice & Law EnforcementMining Act, Lease Form, Mining Township, Legal Forms
⚖️ Lease under Section 47 of the Mining Act, 1926
⚖️ Justice & Law EnforcementMining Act, Lease, Mining District, Legal Forms
⚖️ Application to be Registered as a Mining Agent
⚖️ Justice & Law EnforcementMining Act, Mining Agent, Registration, Application