THE LAND BILL.

Otago Daily Times, Issue 13697, 13 September 1906, Page 8

THE LAND BILL.

THE PRINCIPAL CLAUSES. (FSOU OCR Ovr.f CoEKXSrOXDXXT.) WELLINGTON, September 12. So much interest, is taken in the new Lit id Bill that it may bo well to supplement the oflicial synopsis by the publicafV tion of the principal clauses of the hill. LIMITATION' OF ESTATES. ; v Tho clauses regarding tho limitation of stales arc as follow:—Clause II—(a): i . Wtihiri 12 months after tho coming into v- 1 . ■ operation of this act tho Valuer-general wall arose to ho prepared a list tailed /-• "the excess estate provisional list" (lierenafter referred i<> as tho "provisional list")

allowing' (1) tile liamo of every person who, whether alone or with any ether person or persons, is, on tho date of the coming into operation of this act, tho owner of rural land in fee simple, tho unimproved value of which (ascertained by valuation made under "The Government Valuation of ]/&nd Act, 1896 as on that date exceeds £50,000; (2) the area and locality of such land, with sufficient particulars to identify tho same; (3) tho unimproved value of tho land, tho valuo of improvements, and the total eapitai value, (b) Tho provisional list shall bo gazetted, (c) Any owner whose name appears in tho gazetted list ma}', within 21 days after the gazetting thereof, appeal in tho proscribed manner to ,tho Assessment Court under "The Government Valuation of Land Act Amendment Act, 1900," on tho ground that such list, is inaccurate as to him in any specified particular. (d) On the hearing of the appeal tho said court, shall either confirm or alter tho list as to tho appellant, and tho list so confirmed or altered shall be final as to him in so far aa respects tho subject matter of tile appeal, (p.) As soon as conveniently may bo after the time for appeal liaa expired, or, aa tho case may be. after all appeals have been disposed of, the Valuer-general shall compile from tho provisional list a roll called "the excess estato . provisional roll" (hereinafter referred to as "the provisional roll"), showing the names of tho owners and the area, locality, and values of their lands as appearing in the provisional list, or, in case of appeal, as confirmed or altered by tho Assessment Court. . (f) Tho provisional roll shall be gazetted, and shall bo final and conclusive, (g) Forthwith, on the expiration of 10 years after the coming into operation of this act, the Valuer-general shall compile and gazette a I'St called "tho excess estate reduction list'' (hereinafter referred to a* tho "reduction list "). showing ill tho ea=o of every perbon whoso namo is on tho provisional roll as an owner, and who, at the expiration of such period, is stall tlio owner, ■whether alono or with any orhor person or persons, of rural land in fee simple, tho iminmroved value wheivof then excreels £50,000 in tho aggregate, as shown on tho valuation roll then in force—(l) The name of the owner.; (2) the area and locality ( of the land, with sufficient particulars to identify it; and (3) tlio unimproved value thereof, the value of improvements, and the total value as shown on tho valuation roll, (h) The reduction list shall be gazetted, and thereupon it shall be the duty of each registrar in whoso district any of such land is situate to register the same against tlio title to the land by recording a memorandum that tlio land is subject to the excess estate reduction list, (i) Whilst such registration continues no dealing with any land shall in any, way afteot tho operation of tho succeeding provisions of this act relating to excess estates, anything in "Tho Land Transfer Act, 1885." or any other act. to tho contrary notwithstanding, (j) Tito reduction list shall ho subject to appeal, confirmation, and alteration; and therefrom shall be compiled a .oil called " tho excess estate reduction roll" (hereinafter referred to as "the reduction Toll"), in the same manner and subject to the same provision* as in tho caso of . tho provisional list and roll, and for that purpose paragraphs (c) to (f) hereof shall mutatis mutandis apply, references to the provisional- list and roll being read as references to the reduction list and roll respectively, (k) On registering the reduction roll against tho land the Registrar shall in each caeo cancel Jit registration of tho reduction list against that land, but the provisions of paragraph (i) hereof shall continue without break, and shall apply to the reduction roll in lieu of to tho reduction list, (i) After registering tho reduction roll against all land in his district subject to that roll the Registrar shall cancel the registration of the reduo tion list in every caso where land subject thereto is not also subject to tho reduction roll, (m) Such cancellation shall be effected by registering against tlio title to tho land a memorandum that the land has ceased to lie subject to tho reduction list, (n) In the caso of each owner tlio whole of the lands subject to (lie reduction roll, wherever tho same are situate, shall be deemed to coinpriso his exccss estate.

Clause 12.—(1) As soon as conveniently may bo after tho registration of tho reduction roll the Minister shall, in tho caso of each owner of an excess estate; proceed to sell such portion thereof as on tho report of tho Valuergeneral is deemed necessary in order - to reduce 'the unimproved value of the residue to not- 1 more than £50,000 in the aggregate. (2) The sale shall be by public auction, cither together or in lots, at such iimo and place and subject to such terms fltid conditions as the Minister thinks, fit. fo) For the purjicse of vesting the land in the purchaser the Valuer-general' shall execute a deed of conveyance or- memorandum or transfer, as the case may require, from himself, b> his official description only, to the purchaser with or without the addition of any other parties, and containing a ree'tal that, the sale has been made under this act. (1) Upon tho execution of such conveyance or transfer the. land siitd' vest absolutely in the purchaser or transferee named therein for an estate in fee simple, discharged from all mortgages, oharges, claims, estates, or interests of wtiat kind sever. ~ (5) On the registration of such conveyance ; or transfer the Registrar shall cancel in maimer aforesaid the registration of tho reduction roll in so far as it- relates lo Ihe land comprised in such convcyanec or transfer.

Clause 15.—The purchase money derived from such sale shall bo applied firht in defraying Ibo roils anil chsrprs incurred by the Minister or the A'aluer-pcneral in and about, such salo and the completion ,thereof, including nil costs incurred in surveying. roading. and .subdividing the land, and preparing it for miK and the sir»nlus Bhall lie pa id over (o the Public Trustee, who shall bold the same for the persons entitled thereto as hereinafter provided. Clause M.—(l) Every person bavin? any estate or interest in the j land eo sold, or injuriously affected thereby, sulforiniT any damage from ihe sa'c. shall be entitled to full compensation for the simo from I lie owner of the excess esiate. 12) For the purpose of assessing and procuring payment of such'compensation Ihe provisions of "The Public Works Act. 1905." in the case of land taken for a public work, shall, inntalis mutandis, apply, with such modifications and alterations as aro prescribed by regulations under this act. (3) The amount of the award of the Compensation Court shall in each caso bo a. charge on the owner's Mcies estate, and such charge shall, by force of this act, have priority over ail encumbrances ami dealings subsequent to the registration of the reduction roll. (4) The moneys available in the hands of the Public Trustee (after deducting his proper charges) shall lio applied in or toward? satisfying the award in such manner, and to such extent, as the award or other order of the Compensation Court directs, and the surplus (if any) shall lw paid to the owner of the execs* ostato or other person who establishes his tiile thereto.

Clause 15.—(1) In every case where (he owner of rural land in fee simple disposes of the same or any part thereof Intray of sale or lease the instrument or disposition shall have subscribed thereto, or endorsed thereon, a statutory declaration by the purchaser or lessee that, including the laud comprised in the instrument, he is not. the owner, tenant, or occupier, either by himself or with any other person or persons, of any lands anywhere in Now Zealand exceeding in the whole the limit specified in the schedule hereto. (2) The following provisions shall have effect in tho case of every such instrument, whore such declaration is not subscribed thereto or endorsed thereon, or, if so subscribed or endorsed, is untrue in any material particular:—(a) If the declaration is not so subscribed or endorsed the registrar shall not. register the instrument, and if registered in breach of this provision tho registration shall be void for all purposes, and shall be cancellcd: (b) if tho declaration is untrue ia am material particular the declarant sliall bo liablo on conviction bv indictment, to imprisonment for any term not oxcecdinn two years, or to a fine not ex reeding £500. Or to both imprisonment and fine, provided that- it shall be a sufficient defence if he satisfies the court that he had no intention to evade or avoid the provisions of this section, and also that the untrue statement was not wilfully made. GENERAL. For all the purposes of this act the following provisions shall have effect:— (ai "Rural land." "first-class land," "secondclass land," and " third-class land" meau ia the ease C.f Crown had land classified as

such respectively, and in the ease of other tlian_ Crown land land which would be so classified if it were such Crown land; (bj, a certificate by the Land Board of ilie district in whieli any land is situate, specifying the classification of such land, shall bo conclusive ovidcncc of tho classification until (lu> certificate is cancelled or varied l'J' the Iwurd; (c) the board shall give such certificate as lo any specified land whenever so requested by the Minister or the owner,and for that purpose shall cause the land

to be classified or reclassified, as the caso may require; (d) whenever requested so to do by the Minister, the board shall also classify or reclassify all or any specified portion of the land comprised in its district. Pastoral lands shall not bo disposed of under the renewable lease system. RENEWABLE LEASES. j From and after the coining into operation of this act no Crown land shall be selected under part 111 or part IV of the principal act on tho cash occupation with right of-purchase or lcase-iu-peipetuiiy systems. All such lauds may be selected 'on renewable lease, only with respect to every renewable lease the following provision shall apply(a) Tho least) slmll be for a term of 66 years, to bo reckoned from the next Ist day of January, or July following the date thereof, and shall in addition include the period between the date of tho lease and such day; (b) I lie .yearly rental payable in respect of such lease shall be an amount equal to 5 per cent, of the capital value, as fixed by the board in the case of settlement

land, and 4 per cent, of such value in the case, of other land. Tho lessee shall, at least 12 months before the expiration of his lease, liavo a renewal of tho lease of tlio land for a similar term of 66 years, offered to him at a rental as fixed by valuation, less tho value of substantial improvements. For the purposes of the. last preceding subsection, a valuation shall be made by tin appraiser, appointed by tho board-(a) Of the then value .of the fee simple of the land included in tho lease; (b) of the substantial improvements of a permanent character made, and then in oxistonco on the land; and also (c) of tho fair yearly rental for tho term of tho new lease, bavin" regard to what would be tho then fair market rental of land of similar character held on similar conditions as to tho term of the lease and otherwise, and a copy of tuclt valuation shall bo served on the lessee. If the lessee does not agree to such valuation lie may liavo the same fixed by arbitration in the manner provided by section 79 of the principal act, Not later than 12 months before tho expiry of the original least! notice shall be served by the commissioner on tlio lessee, requiring him within three months after such servico to elect whettier ho will accept a renewal of lilt lease of tho said land for a. further tpnn of 66 years at the rent aforesaid, and subject to the same conditions as in the case of tho original lease, except as to the amount of rent payable _ thereunder, and except also as to the provision for renewal. If the lesseo does not within the time aforesaid elect to accept the renewal, or, having elected to accept the same, fails to execute the new lease within 3u days after the same is tendered to liini for tho purpose, then the area comprised in (ho lease shall bo opened to selection ou the renewable lease system, burdened with the amount of the value of substantial improvements, as fixed by the valuation. Such amount, when paid over to the receiver of land revenue by the incoming 10.-=oe., shall, if tho Commissioner is satisfied that the outgoing lessee has let the new lessee into quiet possession of Iho lands to be leased, and also that the land, as originally leased, has not been appreciably damaged by tlio outgoing tenant, and that none of the improvements on the land; which wero thereon when the valuation was made have been destroyed or appreciably damaged, be paid to the outgoing lessee by the Receiver of Land Revenue on tho certificate of the Commissioner. If tho land itself lias liccn appreciably damaged, or any of the improvements have been destroyed or appreciably damaged, then the totsl value of the depreciation shall be fixed bv the Commissioner or some person appointed by him, and the amount so fixed shall bo deducted from tho amount payable as aforesaid to tho outgoing lessee, and shall be returned to tho incoming lessee; provided that if iho dono to the land has depreciated the capital value on which the rental of the new lease is based, then a sum equivalent to such deprociat-on shall bo deducted from tho amount which would otherwise he returned to the incoming lessee a.s aforesaid, and shall ho paid into the land for settlement account. Subject to tho provisions of this act, all the provisions of tho principal act prescribing tho conditions to bo fulfilled by lessees in perpetuity shall, mutatis, mutandis, apply io lessees of renewable leases, and bo deemed fo bo incorporated in renewable leases, and all references in that act to leaves in perpetuity anil to iho holders thereof shall, with rc-peci to land held under Iho renewable lease system, he deemr:! to be references to renewable leases and to the holders thereof. Section IST of the principal set (instituting the lcasc-in-perpctuity) is repealed. Any holder cf a lcasc-in-perpctuity tinder tlto principal act, am! any deferred payment licensee or lessee of perpetual tease lands under any Land Act in forco before that act. may surrender his lease or license, and, ;f he so desires, may obtain from the board a renewable lease at a. yearK- rental calculated in tho caw of settlement land at 5 per cent., and in the ease of other land at 4 poi- cent, on the original value of thn ltnifl nt the tlalo of the surrendered lease or license, or. on the application of tho lesseo or licensee, on a valuation (Wed in the manner pre-crilwd by the last preceding sect ion. If the lesseo or licensee docs not des.ro to obtain a. lease a* aforofaid, the fee simple of the land comprised m tho surrendered 'lease or license fhall be ottered by (lie hoard for ja!o bv public competition, burdened with the value of tho improvements, ascertained by vahtalion in tlio manner afore-aid prc-crtbcd, provided that this sub-see) lon shall not applv to settlement land or to the lessees thereof Tito proceeds derived from such sale shali lie paid into the laud for settlements account, and out. of that account, the amount received in respect of improvements shall bo luid io MHMJ or lic.?r-?oc> in iho manner nro-oribed above. Any hoider of a license for oiTiipniion whh light of jvirehago jmd:r tnn ];rin?:pa] who, at tho oxpirauou ol oi iho liccnseo. lias net his right cf purchase, .shall bavo a prior rißnt lo a renown! lease at a yearly rent.il .of 5 per twit. on the originad'value of tlio land (k«s improvements) at ifo dat" of '.he expiry of tho license.

REDUCING! TIIK CAPITAL VALUE, An., I--CC of a renewable lease nuiv at any- tune, make pavilions on account of the i apit.il vame. (if the land comprised in the lease in sums of not less tlimi £20 and not exceeding in Ihe whole 90 per cent of such capital \alne. Gin any such paviiionis lieiiiK mai!e ihe rent reserved by I lie leasa shall thereafter abate proportionally. All sums paid under this section hy tlio lessee shall he paid into the land for settlements account. When payments equal to 50 per tent, of such valito have been made the lesseo snail for the residue of the term oi the lease have possession of the land lieed it*oni ail covenants niul condition* contained or implied in the lease other than tlu» covenant j 0 pay rent, if on the expiry of ihe lease tlio lessee obtains a renewal of the louse, the amount paid bv him under this action shall at his option either lie taken into account 211 determining the rental for tlio now lea«o or be paid to iiim out of the !und (or seitiumcnts aecount, and if lie docs not obtain a renewal such amount shall be paid to him out of that- account. With respect to the land for scUloimuts account, the following provision shall apply(nl All moneys paid into that account under the provisions of rV^i - *! avaiia])*lp for Ihe purposes of 1 l'lie Land for »Sflttlen.ents Consolidation Act. 1930"; (b) all such moneys (other than moneys in respect of settlement lands) slnill beat interest at the vearly rate of 4 per cent.; (c) such interest slia'll be paid out. of lliat account into the national endowment account in the case of national endowment, land, and into the Consolidated Fund in the case of other land.

tODIFIKD KESIDKXCK CONDITIONS In order to enable persons who desire to select rural land for themselves or their families but \vho-:e avocations are such as to prevent them from complying with tho resideiU'o conditions of the principal net, the following provisions shall have effect with respect- to rural Isnds (not being pastoral lands):—(a) The Governor may from time to time make special. regulations' under which sroli persons may soie.et land on the renewal dense system, with absolute or qualified relief from tho residence conditions of the principal act; (b) such vegulations_ may inmposo special conditions as to tile improvements which must be effected, and special limitations or restrictions on the disposal of the land or any part thereof by salo, lease, mortgage, devise, or otherwise; (c) such regulations may modify the provisions of the principal act or this act in the case of lands to which they/relate; !d) in the case of lands selected under such regulations the provisions of the principal act and this act sliill be deemed to be modified insofar os 'hey are inconsistent with the regulations, but not further or otherwise.

— Mrs Tinnemonnay: "Your new saddlehorse seems to bo a lively animal." Xlrs Partington: "Yes, it is so spirituous it always starts off in a. dwauter."