THE LAND LAWS OF NEW ZEALAND.

Otago Daily Times, Issue 7443, 23 December 1885, Page 1 (Supplement)

THE LAND LAWS OF NEW ZEALAND.

SMALL GRAZING iUTN9

Clause 1117 empowers the Governor to set aside, " subject to existing rights," any pastoral lauds and to subdivide them as " gra:ing runs'' in. areas mat exceeding 5000 acres

in any one run.

"Clauses 19S-199 enact that the term of lease shall bo for 25 years. Sales of leases are to bo made by public auction at an upset rent of 24 per cent, of such price " as the Board shall think fit," subject to the Governor's approval. One half-year's rent must be paid in advance "on the fall of the hammer."

Disqualified Occupiers

Clauses 200-201. —No person js capable of becoming a lessee, under this part of the Act, who owns either freehold land or land held, by lease or license from the Crown, whereby, either personally or jointly with others, he would become the owner or occupier in the whole of more than t>ooo acres, inclusive of the land comprised in the run for which he is a bidder or applicant.

Applicants or bidders must deposit with the Commissioner a statutory declaration, as set forth in the Act.

Any leasu acquired in contravention o-f these provisions will be forfeited.

Conditions of Leases,

Clause 202 entitles the lessee to the exclusive right of pasturage, and also to all crops which he may choose to take off the land comprised in the lease.

Clause 203.—Every lease will be subject to the ordinary law in relation to the payment of rent and power of distress: and to'tlie following special conditions: (a) No right of purchase of any part of the land is conferred by the lease. (b) A lessee cannot transfer the possession or occupation of the laud, except with the approval of the Board. !c) No transferee, or purchaser of any lease under n power of sale, can take possession until he has deposited with the. Commissioner the statntory declaration set forth in clause 200. (d) A transferee will have the same rights as the original lessee. 1e) Roads and rights-of-way in common use remain open to the public, and the Governor may take land for other "necessary'' roads without payment of compensation. if) The land is subject to "The Mines Act 1877," and holders of miners' rights and business licenses may exercise the same thereupon. f<l) The lessee will have no claim for the fouling or diversion of water by termnts of the Crown, or goldminei'Sj but a supply of clean water may be "rendered available " for domestic purposes,or other "industrial necessity" of the lease- j hold. Clause 201 compels the lessee to reside on the land within t/reive months of the commencement of his term, and thereafter for •'six consecutive years." But this condition may be " relaxed" by the Board in favour of a lessee who is residing "permanently " on any freehold or leasehold land in his own possession or occupation within, ten miles of the leased land, so long as he continues so to reside. j Clause 205. —Substantial improvement s of ; a permanent character must be put upon the i land leased to the value of the amount nf One year's rent within oyte year from the date of the lease, Another year's rent within two years, and thereafter within six yean, other two years' rent. The value of substantial- improvements must be paid by a purchaser of a lease on entering into occupation. , Clauses 20G-208. — The rent must be , paid half-yearly in advance on the first ' day of March and September in each ' year. The lessee is liable for all rates, ' taxes, ami assessments. One-fourth of the t rents is to be paid to the County Conncil or ( Road Board of the district for the first t fifteen years after occupation, to be expended on roads or bridges leading to or opening upthe land. I lii-newoh of Leases. ( Clauses 209-210 relate to the mode in ( which renewals of leases under this part of ' the Act may be granted, and leases resold. ' If the run is to be relet n new lease must be ! offered to the lessee tn-etre months before the expiration of his lease, at a rrnt equivalent s to 2A per cent, on the then value of the feesimple, which is to be ascertained by valua- f tion. A valuation of improvements is to be ; made at the same lime. But the lessee may l. demand arbitration as provided by sections | 02 and G3. If the lesiiws elects not to accept a re- v newal, the lease must be put up to auction " one month before the expiration of the )' lease. The conditions of sale are the same 0 as provided by clause 152. r Clause 211 is a repetition of clause 154, f except that " the first day of March" is t fixed as the date of taking possession. r. ClHii.se 212 repeats the provisions of clause ~ 153. s Clause 213 repeats clause 17;i, except thnl \i there Uno provision for the reduction of the v rent. c! Clause 214 provides that when lands included in a. lease are not again offered for n further lease, (he value of improvements o r-shall be paid to ■' the outgoing tenant." 1 .Clause 215.—N0 outgoing tenant has any Jl claim against the Crown or the Board for ,| the value of improvements in case any person „ fails to pay .such value to the Receiver of u Land Revenue. d Clause 21ti.—TJic provisions of clauses 121 ' to J24 apply to any lessee who shall fail to fulfil any of the conditions of his lease i ( jtithin a'u-ty days after the day on which the same ought to be fulfilled. ■ a Clauses 217-218.—0n recovering possession '' the .Board will cause a valuation of improvements to bo made, and may dispose of the ' lease as if it hud duly expired. The amount tl of valuation, " when paid by the purchaser r; of the new lease," is to be paid to the original n lessee. p CJause 219 makes the payment for valua- rc tion in cases of forfeiture discretionary with ]e the Board, and the lessee will be liable for In .any arrears of rent notwithstanding such fc forfeiture. , u I.ICKSSI-J.i FOl{ V,Wil'-it-'.s l'u7il'oSK.J. bl •Clause 220 authorises the Board to grant sa :iicejin!S,£'>r any of tho following purposes : — 1)f Cutting timber or (lax; liaising coal; Kemovsl of clay for bricks or pot- ti tery, of sand, gravel, or stone, and to id guano, -or " other substances"; W WoY.Mng of quarried; Digging for se kauri fc'»m : Rites for sawmills, flourinills, tauaeries, fellmongers' yards, g v yards, brick-kilns, pot- in< teries, ferries, jetties- Sites in sn "thinly-inhabited districts" for ™ inns and accommodation-houscs; l j ) l and Sites for tramways. yy The maximum term of any such license all is seven years, and the greatest area u0 80 acres. Clause 221.—The Board may grant to any ° n person holding land under license as a site W{ for an inn or accommodation-house, or lease as: of such land for 21 years at such rent and on w' such terms "as the Board may think fit.1' P° B«ch license or lease will not "authorise the Qt | salt" of fermented or spirituous liquors. ,j 0 Clans*: 222 authorises the Board to fix the sol •extent of l<?nd that may be occupied under c\\ :any such license, and the amount of the bu .annual fee to be paid by the occupier. ov

. .Clauses 22:5-224 reserve the power to sell or lease an.v land held under license, and all rights of the Crown thereto. Disputes between license-holders are to bo settled by .the Board, Any person occupying or Rising ■Crown lauds without a license will he liable .to a penult tj of uot more than £20.

Clause 225 empower (he Board to issue ••' provisional licenses to occayy 200 acres for liin.v of the purposes mentioned In clause .220, for a term i;ot exceeding three years.

During the currency of such license the fioard may, on application, grant a least' of

the land for 2i years, and fix the rental to be paid.

Clause 220.—The Board may also set apart blocks of timber land, and grant t licenses of sections of 200 acres in terms of i- the preceding clause. (Such licenses may - contain provisions for rr-ithnit'niy. S Itr.sEKVKS. Clauses 'ii~ —22'J.~The Governor may rof serve Crown lands from sale lor certain s specified purposes; and generally for "any t purpose of public defence, safety, utility, a advantage, or enjoyment": or as endow - . ments for education, and any land confaint ing mineral springs, or- land whereon natural 3 curiosities •• of national interest " may exist." Clause 2,'SO provides that before any land is "permanently" reserved as an endowment, f a description of the land must be laid upon ; the table of each House of the General Asl sembly ; and the two Houses, " by resolution , jointly agreed to," may after the area of such i reserve or altogether nullify it. Clauses 2i'.l-2,'H provide that "errors of , description" in the notification of any ini tended reserve may be amended. Lands realised or withdrawn from reservation may be sold after three months " public notilica- : tion," repeated fortnightly, has been given. Reserves made for public purposes in any town "or other place "which subsequently becomes a borough or town district will bo vested in the local Board or Council. Local bodies may apply moneys out of ordinary funds for the maintenance or " embellishment " of such reserves, or may grant moneys by way of subsidy to any Domain Board having charge of a reserve. Clause 2;ii5.--Tho Governor may grant leases of Crown lands containing mineral "or other springs" for a term of not more than G3 years, and in areas not exceeding teeen acres in any one lease. Clause 2itG empowers the Governor to make regulations for the protection and management of reserves, and imposes penalties for offences against such regulations. KXDOW.MEXT AND EDUCATIONAL HKSEitVES. Clauses 2:i"-23fl provide for bringing of any lands set apart as an endowment for any purposes under the provisions of the Act,, and for the leasing of such land. Clauses 240-24-1 provide for the sale of educational reserves and the application of the proceeds. Clause 245 prescribes that in the event of any endowment or educational reserve having been leased'prior to the passing of the Act,a new lease, "with or without" right of renewal, may be granted to the present k-ssee. Clause 24ti enacts that a proportion of the proceeds of the sale or leasing of endowment reserves shall be paid to the County Council or Itoad Board of the district "to be expended in the construction of roads within, or to open up such lands. N'ATIVI! LAND*. Clauses 247-241) make provision for the acquisition and disposal of Native lands. When purchased, such lands may be declared Crown lands, and dealt with under the provisions of (hi: Acr. Lands leased from the Natives must be brought under the control of the Kami Hoard, and may op let by public, auction. Jilil'EAl.S. Clauses 250-2.')l repeal existing Acts and ordinances, and make provision for the continuance of any existing rights Mint have accrued thereunder.