May 15.] THE NEW ZEALAND GAZETTE. 1625

Regulations for the Disposal of Lands under Section 146 of the Harbours Act, 1923.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 7th day of May, 1930.

Present:

THE HONOURABLE G. W. FORBES, PRESIDING IN COUNCIL.

WHEREAS by section one hundred and forty-six of the Harbours Act, 1923, which section is hereinafter referred to as “the said enactment,” it is enacted that where any lands, the property of His Majesty (being either foreshore lands between high- and low-water marks, or lands below low-water mark, the depth of water on which is not sufficient at high-water spring tides for the purposes of navigation) where such lands are not necessary for the purposes of a harbour, can, in the opinion of the Governor-General in Council, be made available for pastoral or agricultural purposes if reclaimed from the sea, the Governor-General in Council may grant leases of such lands on condition that the lessee reclaims from the sea by embankment or otherwise the land comprised in the lease within a time to be defined in the lease:

And whereas by the said enactment it is provided that the Governor-General in Council may make regulations, not inconsistent therewith, prescribing all matters and things which by the said enactment are required to be prescribed or which are necessary or convenient for the purpose of carrying out and giving effect to the said enactment:

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance and exercise of the power and authority conferred on him by the said enactment, and of all other powers and authorities enabling him in that behalf, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the following regulations, and doth hereby declare that these regulations shall come into force on the date of the publication thereof in the New Zealand Gazette.

REGULATIONS.

INTERPRETATION.

1. (a) THESE regulations may be cited as “The Harbours Leasing Regulations, 1930.”

(b) In these regulations, unless inconsistent with the context,—

“Land Board,” “Commissioner of Crown Lands,” “Chief Surveyor,” and “Receiver of Land Revenue,” mean respectively the Land Board, Commissioner of Crown Lands, Chief Surveyor, and Receiver of Land Revenue of the land district to which the particular matter in the context refers or in which is situate the land comprised in any lease granted under these regulations.

“Minerals” includes all minerals, mineral oils, metals, coal, clay, stone, and other valuable materials existing below the surface of the land, but does not include kauri-gum.

“Minister” means the Minister of Lands.

DISPOSAL.

2. (1) Where, on the joint recommendation of the Minister of Marine and of the Minister of Lands, the Governor-General in Council is of opinion that any lands as described in subsection (1) of the said enactment can be made available for pastoral or agricultural purposes if reclaimed from the sea, the Governor-General may from time to time, by Proclamation approved in Executive Council, declare that such land is set apart for disposal in the manner and upon the conditions prescribed by the said enactment and by these regulations.

(2) No land shall be disposed of under any of the provisions of the said enactment except pursuant to a Proclamation issued hereunder.

MODES OF LEASE.

3. Lands set apart for disposal under the said enactment may be let on any of the tenancies or leases following, and at such rent as the Governor-General in Council thinks fit.

(a) A tenancy for any term not exceeding twenty-one years without right of renewal.

(b) A tenancy for any term not exceeding twenty-one years, with a provision in accordance with the First and Second Schedules to the Public Bodies’ Leases Act, 1908, that, on the expiration of the term, the lessee shall have an option either to accept a renewed lease for a further term of twenty-one years in accordance with the First Schedule to that Act, or to have a new lease for a further term of twenty-one years offered for sale by public auction in accordance with the Second Schedule to that Act, but in either case without a right to any further or other renewal after the said further term of twenty-one years.

(c) A tenancy for any term not exceeding twenty-one years with a provision in accordance with the First and Second Schedules to the Public Bodies’ Leases Act, 1908, that, on the expiration of the term, the lessee shall have an option either to accept a renewed lease in accordance with the First Schedule to that Act, or to have a new lease offered for sale by public auction in accordance with the Second Schedule to that Act, and so on from time to time in perpetuity, such renewed lease or new lease to be for such term, not exceeding twenty-one years, as the Governor-General may from time to time by Order in Council prescribe, with respect to leases in general or any class of lease or any particular lease, and in any case where no term is so prescribed to be for a term of twenty-one years.

TERM AND CONDITIONS OF LEASE.

4. (1) The term of every lease shall be reckoned from the first day of January or July next following the date of the lease, and shall, in addition, include the period between the date of the lease and such day. The lease shall be dated as on the day whereon the application or tender therefor is approved.

(2) Every lease issued under the said enactment shall be prepared by the Commissioner of Crown Lands and shall be subject to the following reservations, covenants, conditions, stipulations, and provisions, whether the same be expressly set out in the lease or not:—

(a) A reservation so that no right to any mineral under the surface shall pertain to the lessee or pass with the land.

(b) A reservation of right of way for the use of the public at all times and for all purposes over such part of the land comprised in the lease as is from time to time and for the time being included in a strip of land sixty-six feet in width along and to the landward of any new high-water mark, caused by any reclamation effected by the lessee.

(c) A covenant that the lessee shall pay all rates, taxes, and assessments levied on or payable in respect of the land during the term of his lease.

(d) A covenant that the lessee will not assign or sublet or otherwise deal with his interest in the land comprised in his lease, except by way of mortgage, without having first obtained the consent in writing of the Minister: Provided that any assignment or underletting by the assignee of a bankrupt or by the liquidator of a company or by the sheriff under an execution, or by a mortgagee on any entry into possession by a mortgagee, without such consent as aforesaid, shall be deemed to be a breach of the provision contained in this paragraph.

(e) A covenant that the lessee will use all reasonable endeavours to free and keep free the said land from gorse, briar, broom, blackberry, ragwort, Californian thistle, cotton-bush, manuka, foxglove, fennel, and all other noxious weeds and plants, and from rabbits and all other vermin.

(f) A covenant that the lessee shall in such manner and to such extent, and within such time as may be approved by the Minister, and subject to the provisions of section 171 of the Harbours Act, 1923, reclaim from the sea by embankment or otherwise the land comprised in the lease, and shall maintain in good order and condition any land so reclaimed and any works constructed for the purpose of such reclamation.

(g) A condition for forfeiture on breach, non-observance or non-performance of any of the covenants on the part of the lessee or conditions expressly or by implication contained in the lease.

(h) Such other provisions, not inconsistent with the said enactment or with the foregoing provisions, as the Governor-General in Council thinks fit.

(3) The rent reserved by the lease shall be payable in equal parts, half-yearly in advance, to the Receiver of Land Revenue on the first day of January and first day of July in each year.

ISSUE AND REGISTRATION OF LEASES.

5. All leases issued pursuant to these regulations shall be registered under the Land Transfer Act, 1915, and for the purposes of such issue and registration the provisions of Section 99 of the Land Act, 1924, shall, with the necessary modifications, apply.

APPLICATIONS FOR LEASES.

6. Every application under subsection (9) of the said enactment for a specified area of land, or a specified part thereof, set apart for disposal, shall be accompanied by a sketch plan of the said area or part thereof.

B