3610

Regulations under the Hanmer Crown Leases Act, 1928.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 17th day of December, 1928.
Present:

His Excellency THE GOVERNOR-GENERAL IN COUNCIL.
IN pursuance and exercise of the power and authority conferred by the Hanmer Crown Leases Act, 1928, 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 make the following regulations for the purposes of the said Act, and doth hereby declare that the regulations hereby made shall take effect as from the first day of January, one thousand nine hundred and twenty-nine.

REGULATIONS.

1. INTERPRETATION.—In these regulations, if not inconsistent with the context,—
   (a) The “Minister” means the Minister of Lands :
   (b) “Committee” means the Committee established pursuant to section 4 of the Hanmer Crown Leases Act, 1928:
   (c) “Land Board” means the Land Board for the Canterbury Land District:
   (d) “The said Act” means the Hanmer Crown Leases Act, 1928.

2. All applications to surrender leases under section 3 of the said Act shall be in the form No. 1 in the Schedule hereto.

3. Every lease issued under section 9 of the said Act shall be in the form No. 2 in the Schedule hereto, and shall be for such term, not exceeding twenty-one years, as the Committee, with the approval of the Minister, may determine : Provided that clause 43 of the said form of lease may be modified, amended, or deleted, as the case may require, having regard to the recommendations of the Committee and the approval of the Minister.

4. Every lease issued under section 11 of the said Act shall be in the form No. 2 in the Schedule hereto, and shall be for a term not exceeding twenty-one years : Provided that clause 43 of the said form of lease may be modified, amended, or deleted, as the case may require, having regard to the terms and conditions upon which the land is offered for selection.

5. Every lease shall contain a perpetual right of renewal for further terms of twenty-one years in accordance with the provisions of paragraph (g) of section 5 of the Public Bodies' Leases Act, 1908.

SCHEDULE.

[Form No. 1.
APPLICATION UNDER SECTION 3 (2) OF THE HANMER CROWN LEASES ACT, 1928.

Commissioner of Crown Lands.
Date :

I,

 , of

 , being the lessee by virtue of a lease under section 329 of the Land Act, 1908, 366 of section 1924,

 , Block

 , Lyndon Survey District, containing

 acres roods perches, do hereby apply for leave to surrender the said lease and to obtain in lieu thereof a new lease in accordance with the provisions of the Hanmer Crown Leases Act, 1928.

 [Lessee.]

Any additional particulars with respect to the application should be inserted here, together with details of all encumbrances.

Register-book, Vol.

 , folio

 .]

[Form No. 2.
CANTERBURY LAND DISTRICT.

Lease under Section

of the Hanmer Crown Leases Act, 1928.
No.

THIS DEED, made the

 day of

 , one thousand nine hundred and

 , between His Majesty the King (who with his heirs, successors, and assigns is hereinafter called “the lessor”) of the one part, and

 , of

 , in the Land District of Canterbury (who with executors, administrators, and assigns hereinafter called “the lessee”) of the other part, witnesseth that, in consideration of the rent hereinafter reserved, and of the covenants, conditions, and agreements hereinafter contained and herein implied, the lessor doth hereby demise and lease unto the lessee

all that parcel of land in the Land District of Canterbury containing by admeasurement acres roods perches, more or less, being as the same is delineated in the plan drawn on the back hereof 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 years, commencing from the first day of 19 ; yielding and paying therefor unto the Receiver of Land Revenue for the said District of Canterbury the annual rent of £ payable without demand at the office of the said Receiver by equal half-yearly payments in advance on the first day of the months of January and July in each year, clear of all deductions or abatements thereout on any account whatsoever, subject to the following covenants, conditions, and restrictions :

1. That the lessee shall and will pay the rent hereby reserved at the times and in the manner aforesaid free of exchange and all other deductions, and shall and will bear, pay, and discharge all rates, taxes, assessments, charges, impositions, and outgoings whatsoever that now are or hereafter may be assessed or imposed upon the demised premises or any part or parts thereof either by the owner or occupier of the said premises.

2. That the lessee will repair and at all times during the said term keep all party and other walls, buildings, erections, drains, and fences now erected, or hereafter during the continuance of the said term to be erected or made upon or around the said lands, in good substantial repair, and will keep such buildings well and efficiently painted, cleansed, and maintained in every respect; and will properly clear and keep clear from weed, and keep open all creeks, drains, ditches, and watercourses; and will, during every second year of the said term, trim, and at all times during the said term keep trimmed, all growing or live hedges which may be on or around the said lands or on any boundary thereof; and so yield or deliver up the same to the lessor at the expiration or other sooner determination of the said term.

3. That the lessee will not assign or sublet or otherwise deal with his interest (except by way of mortgage) in the said lands or any part thereof without having first obtained the consent in writing of the Land Board of the Canterbury Land District (hereinafter referred to as “the Board”).

4. That the lessee will free and keep free the said land from gorse, briar, broom, blackberry, ragwort, Californian thistle, cotton-bush, manuka, foxglove, fennel, and other noxious plants, and will use his best endeavours to free the said lands and keep them free from rabbits and all other vermin.

5. That in the case of town or suburban lands the lessee will not use or remove any gravel on or from the said lands without the consent in writing of the Board.

6. That the lessee and under-lessees, and undertenants, shall not nor will at any time or times call upon the lessor or the Board to join in or contribute towards the erection or maintenance of any fences.

7. That the lessee shall not carry on or engage in any noxious, noisome, or offensive trade or business upon the said lands, or any part thereof, which may be a nuisance to the neighbourhood.

8. That if and as often as the lessee shall desire to make any improvements upon, in, or about the said premises he shall give notice in writing to the Board describing the improvements intended to be made and requesting the Board to give its written consent to the making of the same; and in case the lessee shall make any improvements upon the said land without first giving the said notice and receiving the said consent, then he shall not be entitled to any payment for such unauthorized improvements under the provisions for payment of the value of improvements by an incoming tenant hereinafter contained, and that in the case of town or suburban lands the lessee shall not erect more than one dwellinghouse on any one lot, nor cut up or subdivide the allotments into lanes or streets or in any other manner without having first obtained the consent in writing of the Board.

9. That the lessee will not during the said term take, or permit or suffer to be taken, from the said lands or any part thereof more than three crops in succession, one of which must be a root crop, and either with or immediately after a third crop of any kind the land must be laid down under pasture or summer fallow, and be allowed to remain as pasture or fallow for at least three years from the harvesting of the last crop before being again cropped; and also will at the expiration of the said term leave two-thirds at least of such of the said land as has been cropped as aforesaid in good permanent English grasses and clovers of the description and proportions usually sown in the district, and the most suitable for the land : And, further, that if the lessee shall at any time during the said term contravene or shall fail to