THE LAND LAWS OF NEW ZEALAND.

Otago Daily Times, Issue 7436, 15 December 1885, Page 3

THE LAND LAWS OF NEW ZEALAND.

HKSFAVAI-.SI. Clause 151 provides that three year* before tho end of the term for which a " perpetual lease "is granted, the value, of the fee-simple of the land shall be determined by arbitration; and also the value of all"substantial improvements of a permanent Three months at least before the end of tho term the lessee must elect, "by notice ' in writiw, delivered to the Commissioner,' whether he will issue a fresh lease for a further term of 21 years, at a rental equal to 5 per cent, on the value of the land, deducting improvements. Clause 152.—1n the event of the lessee not accepting a renewal there must he "anew valuation" of his improvements, and the lease will be put up to public competition by tender. If the out-going lessee does not become the purchaser, the value of his improvements will be paid over to him, provided that none of them have destroyed, or "appreciably damaged," iv which case a deduction willbe made from the valuation to the extent of the damage done. Clause 153 enacts that if the lease is not sold, and the former lessee declines to accept a renewal, ho may continue to occupy the lands at the original rent until the Board can find a purchaser. Clause 154 protects the lessee by declaring that the right to take possession under a new lease shall always commence on the first day of Jnly in any year, and further by prohibiting the sale of such lease until one month's - notice of the intention to sell has been given to the lessee, during which month he may elect to accept anew lease. Clause 155 renders all the provisions and conditions of the new lease applicable to renewals or new leases. SURRENDERS. Clause 156 enables a lessee, " with the consent of the Board," to surrender his lease. Thereupon valuations will be made, and a new lease of the land offered for sale. But the lessee is disabled from tendering for j the new lease for the period of three years if there v any other tender. Clause 157 extends the privilege of surrendering to" any lease" of rnral lands issued under this Act, or any repealed Land Act, or under " The Mines Act 1877 " or " The Goldmining Districts Act 1873," on such terms and conditions as are "not inconsistent" with tbis Act. BESUMPTION FOR PUBLIC PURPOSES. Clause 158 empowers the Governor-in-Council to resume possession of any lands leased under this part of the Act which may be required for public purposes, or which may appear to be auriferous, or argentiferous, or required for mining purposes. Upon such resumption the lessee will be entitled to. compensation for any "substantial improvements of a permanent character " that may be upon the land taken, and to an abatement of the rent. If by reason of severance the value of any severed land is greatly diminished, the lessee will be entitled to a further abatement of rent and to compensation as if the land severed had been resumed. SPECIAL CONDITIONS. Clause 159.—Lessees are debarred from any claim for compensation or right of action because of the fouling or diversion of the waters of any stream fronting upon the lands leased. Clause 160 orders that for a period of fifteen years from the. first day of January 1885, and tho first 15 years of any lease granted thereafter, one-third of the rents shall be paid to the County Council or Road Board of the district for the construction or maintenance of roads leading to, or opening up, lands occupied by lessees. LEASES OF SMALL AREAS. Clause 161 authorises the Governor to set apart " for lease with perpetual right of renewal," allotments of Crown lands not exceeding fifty acres each, to be open for selection by application to the Board. An applicant must lodge a statutory declaration iri the form set forth in ■ section 143, "amended to suit the case," and renewals are provided for as in the case of larger allotments. If there is more than ono applicant on the same day the right to the land is to be settled by lot. No person will be able to acquire a freehold of land set apart under the provisions of this section. All the provisions relating to perpetual leases apply in respect of land taken up under this section. SPECIAL SETTLEMENTS. Clause 162—The Governor may set apart rural lands for special settlement to the ex. tent of not moro than 100,000 acres in any one year. Clauses 163-IG4 empower tlie Governor to make regulations -fixing the terms and conditions upon which lands in a special settlement may be disposed of, subject to the following rules :— The price must not be less than £1 per acre, or, if disposed of under perpetual lease, one shilling per acre. Occupation and permanent improvement in proportion to area are " necessary " conditions. A block of land can only be set aside as a special settlement for three years, after which period it may be declared " open to all purchasers " as ordinary Crown lands. Clause IGS authorises the setting aside of 10,000 acres at Catlin River as a " special settlement" for Highlandcrofters. VILLAGE SETTLEMENTS. ' Clause 166— The Governor may set apart land for sale as village settlements. Clause 16" empowers the Governor to fix the terms and conditions upon which the land shall be disposed of, subject to the following rules :— (1) " Village allotments" are not to exceed one acre each, or "small farm allotments" fifty acres each. (2) Allotments may be sold for cash, or on deferred-payments, or under the perpetual lease system as the Governor may direct. (3) The minimum price of " village allotments "is £5; and of " small farm allotments "£1 per acre. The rental under lease is 5 per cent, on tho purchasing price. (4) If there is more than one" applicant, the "right to occupy" roust be determined by lot in respect of small, farm allotments, and by auction, in respect of village allotments. Clause IGB empowers the Minister to acquire land from private owners for the purposes of village settlement. LAND HELD FOR PASTORAL PURPOSES. Clause IG9 provides for the occupation and sale by auction of Crown lands for pastoral purposes, and limits the extent which may be offered for sale in one lot to an area capable of carrying 20,000 sheep or 4000 head of cattle all the year round. Clause 170 fixes the term of pastoral licenses at 21 years, but the Governor may at any time resume possession of any land required for sale for agricultural or pastora] purposes on giving 12 months' notice of intention to do so to the licensee. ' The licensee will not be entitled to any compensation on account of such resumption, except he has paid valuation for improvements, or has not received compensation for improvements made by him during the currency of a former lease. These exceptions refer only to the Otago land district. Clauses 171-173 prescribe the mode of sale and date of license, and provide for the payment of rent in advance. "When any license has been offered for sale and not purchased, it may afterwards be put up to competition at a reduced rental. Clause 171 specifies tha right of a pastu-rage-license-holder to be " the exclusive right of pasturage over the land." But ho has no right to the soil, timber, or minerals. Clauses 175-17G set forth the conditions to be contained in the " pasturage license," and gives the board power to forfet and revoke any license, if the conditions aro violated. Clauses 177-179 provides for the transfer of licenses, if all conditions have been complied with, and the transfer is sanctioned

Ihy the hoard. The trnnferree will _be liable to the same conditions as the original licensee, whether the transfer is absolute, or by way of mortgage or otherwise. Clause 180.—When any run is to be re-let for depasturing purposes it must bo exposed by auction at least twelve months before tlie expiration of the existing license. If the occupying licensee does not re-purchase the license, his improvements are to be valued, and their value paid by the incoming licensee. But such valuation must not exceed three times tho amount of the average annual rent. Clause 181.—When a run is not offered again for lease, the licensee may remove his improvements at any time within three months after the sale of the laud. Clause 182 enables a licensee to subdivide his run with the sanction of tho Board, Clause 183 provides for the abatement of rent when the area of a run is lessened by salo or otherwise. Clause 184 authorises the original holder of a pastoral license issued beforo the 15th | September, 1882, to purchase not exceeding 320 'acres, ou which to erect bindings, yards, or other improvements, subject to the following provisons:— The licensee must not havo previously purchased or become the owner of a pre-emptive right on the same run. The Board may refuse any application for land supposed to be auriferous or to contain any mineral or metal, or if it is required for any public purpose. Clause 185 protects a licensee who has erected a homestead, in tho occupation " during the currency of his license " of an area not exceeding 150 acres " adjacent" to such homestead. Clauses 18G-ISB provide for the payment of rent half-yearly in advance, and for its recovery by process of law. If rent remains unpaid more than 14 days after it is due the licensee is liable to a fine or penalty of £1 per day, and if the rent and penalty is not paid within one month the run may be declared to he forfeited. Clause IS!).—When differences exist between occupiers of adjoining runs as to theiboundaries, the Board may order the matter to bo settled by arbitration. Clause 100 provides that when tho area of any run has not been ascertained " with sufficient accuracy," the Board may order & survey, and charge the licensee with the expense, not exceeding £30. Clause 191.—Licensees will not be entitled to compensation by reason of the Act beiD£ altered or repealed. Clause 192-193 proscribe the conditions subject to which cattle and-sheep maybe driven across a run. BUNS WITHIN cantkrbuky. Clauso 194—195 enacts that the holder or transferree of a pasturage license may continue to hold his run until the first day of May 1890. All rights of pre-emption are declared to have "absolutely ceased" on and after the first day of May 1880. RUNS WITHIN OTAGO. Cluiise 19G provides that twelve months before the expiration of any license notice shall be given to the licensee when it is not intended to re-let tho run or any portion of it, and that sales of new leases shall be made by auction twelve months before the existing license expires.