THE LAND BILL.

Evening Post, Volume LXXIV, Issue 18, 20 July 1907, Page 9

THE LAND BILL.

. » GOVERNMENT PROPOSALS. OPTION OF THE PEEEHOLD. SOME IMPORTANT AMENDMENTS. RENEWABLE LEASES. LAND FOR SETTLEMENTS NOT TO BE SOLD. THIRTY-THREE YEARS' LEASES. J.he proposals of tho Government with regard to the land were placed before members last nigat. Thoy are embodied in threo Bills, the Land Bill proper (known as the Land Laws Amendment Bill) boing in charge of the Minister for Lauds, and the Taxation and Endowment Bills, boing in charge of tho Premier. Following is a summary of their principal provisions : — THE LAND HILL. P.irt 1 of the Bill refers to Crown 1-jnds. The first provision i 3 the substitution of a renewable lease for sixty-six years for the old laase-in-perpetuity, the rental being assessed on a 4 per cent, basis. Provision is also made for a. valuation of the lease not earlier than tliros years, and not later than two years beforo the expiry of ,a sixty-six yes is' lease, by an appraiser appointed by the board, whoce duty it will be to assess: — (a) The value of the substantial improvements of a permanent character which are then in existence and unexhausted on' the land, and which, have either been put on the land during the continuance of tho leaeo or have been purchased by the lessee or his predecessors. lb) The value of the fce-simpla of the land, exclusive of improvements. (c) Tho yearly rental for the term of ths new lease, having regard to what would bs at the time of tho valuation a fair market value for the land without t?king into account the value of tho improvements. The rental so fixed is not to exceed £4 per cent, of tho value of the feesimp'o of the land Points in dispute regarding the valuation are to be decided by arbitratois, whose decisions arc to be final and binding on the parties. If the lease is not renewed, the lessee will be entitled to the value of his improvements. A renewable lease will not give the lessee cny right to extract or remove, minerals from the land, and the value oi minerals is not to be taken into account ia fixing the rental. Provision is mado by which the holder of a "renewable lease or a lease-in-psr-petuity may pay off up to 90 per cent, of the capital value ol liis land, end for proportional reduction of the rent When he has paid off 50 per cent, of tho values he will be free from all the restrictions imposed by the lease, except, of course, that ho mutt pay his rent, and will not be allowed to extraot minerals or depreciate the land, All money co pai-i off will be payable by the Crown to the tecsC2 when the lease is renewed or is determined by effluxion of time, forfeiture, surrender or otherwise. - At any time any moneys co paid over 50 p6r cent, of the capital value must Ik> tpo rent will then pc adjusted propov tionately. All moneys so- received by the Crown are to be paid into the Land for Settlements Account, and to be available fo~ ths purposes of the Land for Settlements xVct. Interest on all such moneys at tho rate of 4 per cent, (leis one-tenth) are to be paid into the Consolidated Fund, except the money paid on land held under the Land for Settlements Act . Any owner of a leass-in-jfeipetuity will bo entitled to obtaiD in lieu thereof a renewable lease, on the same rental basis as is at present in operation. In fixing i..c capital value of the land for the purpose pf determining the rental the lecsce may choose either the original vahio of the land os determined at the rate of tho surrendered leise or the present value of the land (excluding the value of improvements) at the time at which application is made frr -i renewable leaie. Any owner of a leasc-in-perpeluity is to have the right to purchase the fee simple of the land "at a price equal to the capital valuo of the caiel land at the time of the purchase thereof." That value is to be determined by valuation or arbitration as provided earlier in the Bill, and will include the value 6l all minerals other than gold or silver, but •will not include the value oi improvements made during the term of the lease. Tha lessea must pay the purchase money within one year after giving notice of his intention to pmcha^e. If tho lessee fails to carry out his intention to purchase he cannot again give notice to purchase for ten years. The money so paid for the fee simple ; 13 to be paid into tho land for settlements account. The righu to acquire tho freehold does not apply to lands held under the Land for Settlements Act. In order to facilitate the settlement of land which tho board considers not likely to bo immediately productive, it is provided that any such land may, with the consent of the Minister, b<j opened for selection on renewable lease on condition that no rent -shall be payable for a period not exceeding ten years. ; The Bill also providos for a modification of residence conditions "for tho benefit of persons who desire to I select rnral land for themselves or their j families, but whoso ■ vocations are- such as to prevent them from complying with the residence conditions of the principal Act. Such relief may be absolute or qualified. All applications for land are to be deamed to be simultaneous (Lection 62 of the Act of 1892 provided that they should be deemed to be simultaneous only if mado on tho same day). Whan a holder of lend has resided on his section continuously for two yenrs he may, with the permission of the boaid and the Minister, but not otherwise, assign, mortgage or otherwise, dispose of his interest in tho land ov sublet it. In special circumstances, however, this rule may be released. This will not apply to licensees of pastoral runs. Another clauso provides for a new classification of lands, as follows: — First class, £1 per aci'c ; second class. 103 per acre ; third class, neb Ics3 than 2s 6d per acre. j In regard to the payment of rates it j is provided that the bu<ucl i!ia> declare that any rates (not exceeding two years' arreurs) due by the outgoing tenant arc a charge on. any moneys receivable by the board from the incoming tenant for improvements, and may pay to tho loral authority tho amount j due out of buch moneys. I The holder of a pasturage lease is I empowered to cultivate a porlion of his run for the pnrposo of growing winter feed for hi 3 otock, and, with the permission of tho board, he. may crop an area sufficient for tho maintenance ol himself and family. A new provision is made regarding the value o£ improvements to be carried oat. Within six years a lesseo must make 'substantial imorrjvamAnt* In

the valuo of £1 for every/ aero oi firstclass land, 10s for ovcry acre of secondclass land, and 2s Gd for every acre of third-class land. , A deduction of 10 per cent, is to be made, for tho payment of expenses, from moneys paid as royalties for the cutting of flax ' and timber on Crown lands. Wilh the consent of the Minister a board may sell Crown land as a site for a dairy factory, cheese factory, or creamery, but no allotment so disposed or shall exceed five acres or bo sold for lees than £1 an acre. A'ew provisions. with regard to balloting are decidedly interesting. Landless applicants are to have preference over thosp who hold lands — "and the decision of the board as to which of the applicants aro landless shall bo final and conclusive." An applicant is deemed to bo "landless" if ha does not hold such area of land as is in tho opinion -of tho board suffieieTit for the maintenance of himself and his family. In tho case of a husband and wife, (extcpt when they aro judically separated) if either is not landless-, neither of -'them is deemed to bo landless. Subject to the above, preference at a ballot will be given as under: — . (a) Married men with children. (b) Widowers with children. (c) Widows with? children. (d) Married women with children, and judicially separated from their husbands. Further, preference is to be given to applicants who have within the previous two years been unsuccessful at a ballot. Any successful applicant for a section who has disposed of his allotment >vill be disqualified for five years from taking part in any ballot ; and, except under special circumstances, ho will be disqualified from obtaining a ler.so of Crown lands. No person will ba permitted to take up under the optional system or tho special settlement provisions of tho Act of 1892 any land which makes his total holding (Crown land or not, and whether held separately or conjointly) more than 3000 acres. No married woman who is not judicially separated from her husband is to bo allowed to take i p land which (as above computed) would make- her total holding 15Q0 1 ceres. This applies to assignments and sublease, but does not prevent the assignment of a lease by way of mortgage, nor does it prevent ths acquisition of a lease under a will. For tho purposes of these provisions every acrs of first-class land ia reckoned as four and a half acres, and every acre of sacoiid-class land as one and a half acres. In cases where, in the opinion of the board, the land held by a selector is insufficient for tho maintenance of himself and his family, the board may, subject to tho approval of the Minister, permit him to acquire any land, whether contiguous or not, without sui-h land being first opened for public selection. An important provision is that by which on tho death of tho owner of a lqasa liis oxecutors oi' administrators are given power to assign tho lease, with the consent of tha board, to any qualified person. The executors,' administrators, or trustees of tho deceased owner of any lease are empowered to hold the leaso in trust for tho beneficiaries under the will, and to tarry out the residence coaditions. If any purchaser of ca?h lands fails to fulfil liis improvement couditions, tho board may c'eclr.rs his interest in the land forfeited. This provision applies to persons who acquired -such lands 'befot,o thj> coining into operation of this Act, bit tho forfeiture will not take place if within soyen years aftar the coming into operation of tho Act they fulfil tho improvement conditions. Part 2 of th,c Act applies to bind _ for settlements. It providos that for "the fntnro such lands ehnll not bn disposed of by leaso-in-pernftuitv, but by renew, able lease for thirty-thrco yenrs, at a minimum rental oX *5 per rent, on the, capital value. The terms of rcn°wal are tho sim° ns thoco sot out in regard U> ordinary Grown lands, except that the rental must not exceed 5 p n r cent. . Land will not bo disposed of by way of ballot, but by public "teudar, .-'nil leased to the applicant who makes the highest tender, subject to tho provisions as in th" minimum rental mentipned above. No provision for preference oi applicants is made in ths Bill. An important now provision relates to the compulsory taking of land and (he pries io bo paid therefor. It is cet o.ut that tin value for the purpose of assessing compensation is )o bo the capital value of the land ns assessed in Lhe valuation roll, tp^eth'T with my increaso proved to have taken place since the roll wan made up. In addition thorn is io bi paid :—: — Where the value exceeds £50,000, an addition of £2 10s per cent. Whore tha value do"", not ex reed £CO.000 but exceeds £25,000, an addition of 5 ntv cent., Vfheve tho value does not exceed £25,030^ an addition of 10 pur rent.. Power is given to facilitate the taking of land required to adjust, rectify, or make more convenient the boundaries of any estate acquired under the Act. It is also provided that any such land may bo sold to a public authority for a-ty public work, the price to be fixed J:y Ihn Mini-l^r not to be less than the pnr-e paid for tha land by tho Crown Tlis proceeds of sell sales arc to bo paid into the Land for Settlements Account.