[PROVINCE OF OTAGO]

as under or by virtue of the one hundred and ninth section of the said Act may be delegated by the Governor in Council and in like manner to revoke any such delegation. And whereas by an Ordinance of the Superintendent and Provincial Council of the Province of Otago intituled the “Executive Council Ordinance 1861” it is provided that the Superintendent of the said Province shall in the administration of the Government thereof act by and with the advice and consent of an Executive Council. And whereas the Governor hath with the advice and consent of the Executive Council of New Zealand and in pursuance of the power and authority for that purpose vested in him by the “Gold Fields Act 1866” and subject to its provisions delegated unto the Executive Government for the time being of the Province of Otago all such powers vested in the Governor or the Governor in Council by the said last-mentioned Act as under or by virtue of the one hundred and ninth section of the said last-mentioned Act may be delegated by the Governor in Council to have hold and exercise the said powers within the said Province of Otago. And whereas it is expedient to declare the exceptions to be made from Agricultural Leases granted under the said Act and the covenants clauses provisos conditions and agreements applicable to such leases. And also to declare the exceptions to be made from Gold Mining Leases granted under the said Act and the covenants clauses provisos conditions and agreements applicable to such leases. Now therefore His Honor James Macandrew Superintendent of the Province of Otago by and with the advice and consent of the Executive Council of the said Province doth hereby by virtue and in exercise of the powers delegated to the Executive Government of the said Province in this behalf by His Excellency the Governor of New Zealand in Council under the authority of “The Gold Fields Act Amendment Act 1867” and of any and every other power in anywise enabling the said Executive Government in this behalf proclaim and declare that from and after the day of the date hereof the exceptions next hereinafter appearing shall be made from all Agricultural Leases granted under the said Act and the covenants clauses provisos conditions and agreements next hereinafter appearing shall be applicable to all such leases (that is to say).

(a.) Right of ingress and egress.
Her Majesty the Queen reserves to the Governor of New Zealand and his delegates and to his and their officers and servants the right of ingress egress and regress to from and across the land hereby demised and the mines thereon or thereunder and of granting to any person or persons or to the public such right of ingress egress and regress and of granting to any holder of a miner’s right the privilege of entering on such land for the purpose of cutting water races or tail races and of leading head water or tail water through the same. Provided always that all such operations shall be sanctioned by the Warden and due compensation given to the said lessee or lessees his or their heirs executors administrators and assigns.

(b.) Lessee to maintain fence, &c.
The lessee for himself his executors administrators and assigns hereby covenants with the lessor that the lessee his executors administrators or assigns shall and will at his or their own expense and charges erect and at all times maintain during the currency of the lease a good and substantial fence around the demised premises sufficient to keep in both sheep and cattle. And that no runholder upon whose run the said demised premises or any part thereof are situate or which adjoins thereto shall be liable or called upon to pay to the lessee his executors administrators or assigns any portion of the cost of fencing the said demised premises as aforesaid any Law or Ordinance for the then time being in force in the Province of Otago to the contrary notwithstanding.

(c.) Rent in arrear, to distrain machinery, tools, &c.
If the rents dues or duties reserved in this lease shall be in arrear and unpaid for the space of twenty-one days next after any of the days hereinbefore fixed for payment thereof it shall and may be lawful for the said lessor or any person duly authorised in that behalf to enter upon the premises hereby demised and to distrain the machinery tools buildings or other property of the said lessee or lessees for the time being in under or upon any part of the premises hereby demised for or in respect of any such rent dues or duties which ought to have been paid to the lessor or any person duly authorised to receive the same.

(d.) On breach of Covenants Lessor to re-enter and determine Lease.
Provided lastly and it is hereby declared and agreed by and between the said parties hereto that in case the said lessee or lessees his or their executors administrators or assigns shall fail or neglect to perform and keep all and every of the covenants conditions or provisions and agreements hereinbefore contained and implied by virtue of the “Gold Fields Act 1866” or of any regulations made under the authority of the said Act referring to leases for gold mining within the Province of Otago and which are in force at the time of the execution hereof it shall and may be lawful for the said lessor or any person duly appointed in that behalf forthwith or at any time or times thereafter to enter into and upon the land and premises hereby demised and thereby determine this lease.

And His Honor the said James Macandrew as such Superintendent as aforesaid and by and with the advice and consent aforesaid and by virtue and in exercise of the powers aforesaid doth hereby also proclaim and declare that from and after the day of the date hereof the exceptions next hereinafter appearing shall be made from all Gold Mining Leases granted under the said Act. And the covenants clauses provisos conditions and agreements next hereinafter appearing shall be applicable to all such leases (that is to say).

(a.) Right of ingress and egress.
Her Majesty the Queen reserves to her Government of New Zealand and all officers and servants thereof the right of ingress egress and regress to from and across the land hereby demised and the mines thereon or thereunder and of granting to any person or persons or to the public such right of ingress egress and regress and of granting to any holder of a Miner’s Right the privilege of entering on such land for the purpose of cutting water races or tail races and of leading head-water or tail-water through the same. Provided always that all such operations shall be sanctioned by the Warden and due compensation given to the said lessee or lessees his or their heirs executors administrators and assigns.

(b.) To determine lease if mining be discontinued for four months.
And it is hereby declared and agreed by and between the said parties hereto that if the said lessee or lessees his or their executors administrators or assigns shall discontinue mining operations on the said land for the space of four months then the lease shall cease and determine.