GOVERNMENT'S LAND POLICY.

Otago Daily Times, Issue 13960, 20 July 1907, Page 7

GOVERNMENT'S LAND POLICY.

RENEWABLE LEASE & LEASE IN. PERPETUITY, THE PURCHASE OF THE FREEHOLD. LIMITATION OF AREA. AMENDED BALLOT REGULATIONS. [Bv Telegram.]

"WELLINGTON, July 19. The Government's proposed land legislation was presenter to Parliament to-day.

Tho bill deals not only with; Crown lands, but also with land for settlements lands. Part I contains provisions relating to tho former, and part II thoso concerning Ihe latter. After the passing of the act the renewable lease takes Ihe placc of the lease in perpetuity. Tho renewable lease is for M. Icrm of 66 years, with tho ,)crpcfual right of renewal. This right is an extension of last year's provisions, The rental is 4 per cent, per annum. Tliero is provision in the bill for valuation for improvements at the end of tho Biiceessfve'terms, the fee simple and yearly rental to he fixed by arbitrators appointed by tho parties. If (hey fail* to agree, or if tho lessee (locs not accept renewal, Ihe Crown pays Iho value of the improvements.

The tenant, in the case of ihe renewable lease or lease'in perpetuity, can pay up to 90 por cent, of the capital value of the ■land comprised in hi* lease, when the rent will he proportionately reduced. When 50 por cent, hxs been paid the tenant will hold, free of conditions other than rent, residence, and liability for commission of

waste. Any amount paid over 50 per cent. ' will he refunded on application. The moneys paid under these provisions are paid into the lands for settlements account, which pays interest to the consolidated revenuo at the rate of 4 per cent. 'Tho general provisions of lease in perpetuity apply to the renewable lease. •Owners of leases in perpetuity may surrender their leases and obtain renowablo leases.

,The owner of leaso in perpetuity may purchase tho freehold at a prico equal to tho capital value of the land at the timo tho purchase machinery is set up - for giving effect to this provision, and tho value of the land is determined by arbitration. On such purchase the lease naturally determines. The limitation of area provisions apply to land purchased under this clause. In order to facilitate settlement, power is given to the board, with the consent of the Minister, to provide that for a number of years, not- exceeding 10, no rent shall bo payable under tho renewable lease.' The provisions following tho abovo are largely machinery amendments of a comparatively non-contentious nature. ■In tho classification of land, third class is added where a- tenant is allowed to hold Up to 3000 aoros. v - A clause has been introduced whereby the can consent to tho holder of a paeturage lease or license cultivating a portion of his land ,to grow winter feed for stock, and also for ploughing and laying down grass on an additional area not oxcccdihg 3000 acres, and providing for such to reckon as improvement for valuation purposes at the termination of tho. lease.

In cases of ballot, the landless shall have preference over tlioso who have land. The board may examine applicants boforc the ballot, and the successful applicant shall bo ineligible for five years after such disposal.

Provision, 1 ) arc contained in tho bill making clear the powers of executors .on tho death of a lessee or licensee, so that

ail boards may work on a uniform plqn, and any uncertainty as to procedure which ' may exist in the minds of the public may bo removed. In connection with part 11, which deals with land for settlements lands, such lands are disposed of by way of the renewable ' lease. In these cases, however, the term of leaso is 33 years with perpetual right of renewal as before. The rental of tho first leaso is to bo not loss than 5 per c6nt. on the capital value. At tho end of each term a new rental is assessed as

in each-case of the' 66 years' leaso.

Where land for .settlements lands aro disposed of they will bo disposed of by way of public tender to tho highest tenderer,

6ubjcct to the provisions l as to minimum rental. In case of tenderers for the' same amount, tho successful one is determined by ballot. Regulation* are to be drawn up laying down the procedure for tho ballot.

In taking land compulsorily under the act ila value is assessed as on the valuation rojl in forco at the time when tho

regulation is. gazetted, provided that any increase in value eincq tho date' ot valua-

tion can bo ascertained and added. The owner shall bo paid ns compensation, in addition to the value, the following sums:— If- the 1 property exceeds £50,000, 2.*, per cent.; if under £50,000 and over £25,000, 5 per cent; under £25,000, 10 per cent. Minor provisions are inserted to smooth tho working of the act generally. • THE LAND BILL A bill intituled an act to amend "Tho 'J*and Act, 1892," and "The Land for ■Settlements Consolidating Act, 1900." 1. This act may bo cited as "Tho Land Laws Amendment Act, 1907." PART i.—CItOWN! LANDS. 2. Ibis part of this act shall be deemed l'art. of and he read together with "Tho Laud Act, 1892" (hereinafter in this part of this act referral to as the principal act). Hkxewahu: , Leases. 3. After the passing of this set. no Crown land shall be leased bv way of a. lease m but all L'ro}vn lands which linght have been go lensed under the principal act, or under any other act, nmy lx> leased bv way of a renewable lease under tho provisions hereinafter contained. . 4. (1) A renewable lease is a lease for the term of 66 years, with a perpetual right of renewal in manner hereinafter set forth; (2) the said terms of 66 years shall bo reckoned from the next first day of January or July following the date of tho lease, and fhore'sliall be added to the said term .tho period between the dale of tho lease and the said day.

5. Tho yearly rental payable under a renewable lease shall bo an amount equal to 4- per centum of tho capital value of tho land, as determined by the board. ' 6. 'l'he owner of a. renewable lease shall have a rifjht at the expiration of the said term of 66 years to a renewal of tho said lease for a further term of 66 years, subject to i'lio same conditions and' provisions as the original lease, including the right of renewal, save that the rent shall be determined at the first, and each subsequent, rfcncwal in manner hereinafter provided. '7. Not earlier than tlireoj years and not. later than two years before the expiry of tho renewable lease the board shall cause the following valuations to be made by an appraiser appointed by the board:—(a) A valuation of the substantial improvements 0.l a permanent character which are then in existence and unexhausted on the land included in ilie lease, and which have either been put on the land during the continuance of the leaso or have boon purchased by tho lessee or his predecessors in title as existing at tho commencement of the lease, (b) A valuation of tho fee simple of the said fend, not taking the said. improvements into account, (e) A valuation of the yearly rental for the term of the new lease, having regard to what would bo at tho time of the valuation a fair market, rental for ttiat land under a lease Granted fo. 1 lie same tcrin and on tho same conditions, but ~ot taking into account, the .value of improvements * aforesaid. The ■ rental so fixed filial! io do coso eweod £4 per centum of

Iho \alttc of fee simple of the land determined as -aforesaid.

8. Not later than 18 months liefore ihe c . x l" r ) of a renewable lease the commissioner shall deliver to tho lessee a notice m writing requiring him elect whether ho will accept a renewed lease at the rent so fixed as aforesaid, and tho notice shall contain, or he accompanied by a copy of tho aforesaid valuations.

9. Within six months nTler-the receipt of the notice- referred 'lo in (ho last preceding scction notice in writing 6hall bo given lo (lie. commissioner by the-'lessee to tho effect either (a) that ho accepts tho offer of the renewed 'lease at the rental so fixed, or (b) lliat he does jiot desire a, renewed lease, and agrees to the aforesaid valuation of improvements, or (c) that ho dees not /desire a renewed lease, but. repiircs tho improvements to be valued by arbitration, or (d) that ho desires a renewed lease, and requires Ihe value of the land and. improvements and the amount of rental, or any of these matters, to be determined by arbitration.

10. If llhi le>.-on' of a. renewable loa~c omits to (five to the commissioner within tlietimc limited tliorcfor the notice'referred to in the last preceding section, lie shall lio deeineil to have agreed to accept, a renewed lease at. the rent mentioned in the notice of t.he commissioner, and to have agreed to tho valuations contained or referred to in that notice. 11. If the board or f.hc commissioner omits to cause any such valuation to lx> mifdc or notice to be given as is hereinbefore referred to, (lie lessee may require such valuation to bo made, and notice to bo given at any time thereafter, so lone as lie remains in possession of the land, whether the term of his lease has or has not. already expired, and his right to a renewal of the louse shall not bo affected by any such omission or delay. 12. (1) If the lessee, in accordance with the foregoing provisions,' requires any matter to l>e submitted to arbitration, it shall l)e determined accordingly by three arbitrators, one to be appointed by tho commissioner, another by the lessee, and the third by the two other arbitrators: or, in the event of their failing to agree in any such appointment, then by a judge of tho Supremo Court on the application of the commissioner or of the lessee. (2) If tho lessee fails to appoint tin arbitrator within two months after being required so to do the lessee shall lose his right, of.-having tho .matter determined by arbitration, and shall lie hound by the valuation already made. (3) In making their determinations, arbitrators .shall be subject to the provisions hereinbefore contained as to the valuations made by an appraiser. (4) The determination of tile arbitrators as to the value of the land and of the improvements thereon shall bo final and conclusive, and shall be binding on tile parties, and tho lesico shall have a, right, to the renewal of the lease at tho rental so fixed by the arbitrators. 13. (1) Tho lessee shall within two months after receiving notice of tho determinations of the arbitrators elect whether be will accept a ronewed leaso at tho rent so fixed by tho arbitrators, and givo notico of his election to the commissioner. (2) If ho fails to give such notice within the time aforesaid he shall ho deemed to have elc-ctcd to accent a renewed lease at tho said rent. (3) Any such election shall amount, to a binding agreement to accept the lease. (4) If the lessee fails, without reasonable excuse, to execute a l,oase accordingly within one month after tho same lias been presented to him for execution the board may dcclaro that his right of renewal is forfeited, and his right shall thereupon determine.

14. (1) If the lessee refuses or omits to accept a renewed lease or forfeits his right to obtain the same, the value of the improvements on the land, as determined by valuation or arbitration as aforc-said, shall becomc a debt due by the Crown to the lessee. (2) If tho said improvements havo beoomo for any reason depreciated in value betwecu tho date of valuation or arbitration and the date on which t|ic lessee, gives up possession of tho land, the amount of tlrs depreciation shall be deducted from tho values as so determined.

15. (1) A renewable lease shall not confer upon the iessce any right to extract or remove any minerals from tho land. J2) The term " minerals" in this section includes all minerals, mineral oils, metals, clay, valuable slone, or other valuable materials existing, below tho. surface of tho land. 13) The value of minerals' shall not he taken into account in any determination of value of tho land for tho purpose of fixing the rental thereof, either at tho commencement bf the lease or on any renewal thereof.

16. (1) Any owner of a renewable lease or of a lease in perpetuity may at any time make payments to the receiver of land revenue, in sums of not loss than £10, ami not exceeding in the whole 90 per centum of the capital value of the land comprised in liis lease. (2) The capital value of the land for this purpose means the value in respect, of which the rent payable under the said lease is calculated. (3) On any such payment being made the rent reserved by the lease shall thereafter abate proportionately. (4) When, and so long as, the payments so made are equal in the aggregate to 50 per centum of the said capital value, the lessee, shall for the residue of the term have possession of the land freed from all covenants and conditions contained or implied in the lease, other than the covenant to pay rent, and the conditions as to residence, hut the lessee shall not thereby obtain any right, to extract minerals or commit onv other waste pr depreciation of the land. (5) All moneys so paid shall te a debt, due by the Crown to the owner of tho Icaso for the timo being, and such debt shall run with the lease, and shall'be payable when tho lease is renewed, or is determined by t effluxion of time, forfeiture, surrender, or otherwise. (6) At any time during the Airrcncy of the lease any moneys so paid shall, so far as they exceed 50 per centum of tho capital value, l>e repaid on tho application of the ucrson entitled thereto, and thereupon the rent payable under the lease shall be adjusted proportionately. . (7) All moneys so paid by a lessee shall be paid into the land for settlements account, and shall bo available for the purposes of "The Land for Settlements Consolidation Art, 1900." (8) Interest at the rate of 4 per centum (less one-tenth thereon shall bo paid half-yearly out of the said account on all moneys so paid into ii, oilier 1 bun in ni.spect of land under the provisions of "The Land for Settlements Consolidation Act, 1900." (9). The said interest. shall lie paid into tho Consolidated Fund. |10) All moneys repayable' by tho Crown under the foregoing provisions shall be paid out. of the land for settlements account without further appropriation than this act.

17. Subject to the provisions of this ad, all the provisions of the principal act prescribing the conditions io tic fulfilled by tho owners of leases in perpetuity slmll, with the neccssary modifications, appiy to tho owners of renewable leases, ami all references in the principal act to leases m perpetuity and to tho owners thereof shall, with respect to land held under renewable leases, be deemed to be references to renewable leases and to the owners thereof.

18. (1) Any owner of a lease in perpetuity under (he principal act. or "The Lund for Settlements Consolidation Act, 1900," shall have, at any time after (lie passing of this act,- a right to surrender his lease and to obtain in lieu thereof a renewable lease of the same land. (2) -The rental payable under any renewable lease so obtained shall be 5 per centum of the capital value of the laud in the case of land subject to the provisions of "The Tiand for Settlements 'Consolidation Act, 1900," and 4 per centum of the said value in the case of all other land. (31 Tho capital value of the land for the purposes of the last preceding subsection shall be deemed, at the option of tho lessee, to be cither the original value of the land as determined at the date of the surrendered lease or the present value of the land (excluding the value of improvements) at the time at which application is made for a renewable lease under the provisions of this section. (4) The said tiresent value of the laud shall he determined by valuation or arbitration'in'the sawo manner (subject to any necessary

modifications or any regulations made in this behalf by the Govornor-in-Council) as is hereinbefore provided in the ease of the renewal of a renewable lease. (5) The determination of the arbitrators under the last preceding subsection shall be binding upon the par fit's, and the lessee shall, eo soon, as the said determination lias boon made, be deemed to have agreed to accept a renewable lease at the rental so determined and to surrender his existing lease. (6! Where any person has within two years after Ihe passing of this act accepted, or agreed to at-copt, a renewable lease under the provisions of this scction, and the rental payable thereunder i 6 less than the rental payable under the lease surrendered in exchange therefor, the smaller rental shall be deemed to have been the rental payable by him under the lease so surrendered as from the commencement of the term thereof, and any amount already paid by way of rent in excess of this smaller rental by the lessee (but not by his predecessors in title) shall be credited to him in part payment, of the rent payablo by him under the renewable lease so obtained by him.

19. (1) Every owner of a lease in perpetuity shall liavo a right at. any lime hereafter during tho existence of the lease to purchase the feo simple of the land comprised in the lease at. a price equal lo the capital value of the said land at the time of tho -purchase thereof. (2) Tho said capital value shall be determined by valuation or arbitration .in 1 tho. manner hereinafter in this sedtiou provided, and shall in"eludc the valuo of all minerals other than gold and silver, .but shall not. include the value of any improvements plaecd on the land during Ihe continuance of the leaic. (5) The right of purchase hereby conferred shall bo exorrised by giving lo the commissioner a notice in writing of the intention of the leasee to purchase the land. (4) Tho delivery of such notice shall constitute a. contract between the lesseo and the Crown for the purchase and sale of the said land at a. price to bo determined by valuation or arbitration in ..manner hereinafter provided, and tho full purchase money of the said land shall be due and payable by the purchaser within one year after tho date of the said not-ice. (5) As soon its practicable after the receipt of any such notice the board shall causo ihe fee simple! of the said land lo bo valued by an appraiser to lie appointed by tho board, and a. copy of the valuation so made shall bp delivered to the lessee. (6) The valuation so made shall be conclusive unless the lessee, within two months after the delivery of such copy thereof, gives written notice to tho board that lie requires the value of the said land to lie determined by arbitration. (7) If such notice is given (is is mentioned in the last preceding-subjection, the value of the sajd land shall bo determined by arbitration in the manner provided by section 12 hereof. (8) If the lessee makes default in the payment of the said purchase money the board may in its discretion cancel and determine tho said contract of purchase, but 6uch cancellation sha.ll not prevent the lessee or his assigns at any timo after the expiration of 10 years thereafter from giving a further notice of intention to purohase, and on such noi-ieo 'the same proceedings may be taken as in rcepect of a first notice. (9) All costs and expanses incidental to the exorcise of the right of purchase conferredby this section shall be paid and borne by the lessee. (10) On the completion of such purchaso tho lease shall determine, but the fee simple so purchased shall be subject to any right, title, interest, or incumbrance which is vested in any person other than the lessee, and by which at the time of such completion the lease is affected. (11) Tho provisions of section 55 hereof as to the limitation of areas shall apply to the exercise of a right of purchase tinder this section, as if the purchaser were not already in occupation of the land in respect of which the right of purchase exists. (12) Tho provisions of this section shall not apply to land which is subject lo the provisions of " Tho Land for Settlements Consolidation Act. 1900."

20. (1) In order to facilitate the settlement of laud which, in the opinion of'the board,' is not likely to be immediately productive or profitable, anv such land may. with tho consent of the Minister, be ooened for selection by way of renewable lease on the special conditions contained in this section.(2) A renewable lease of any such land shall contain « provision that no rent shall bo payablo thereunder during such period as the board, with the consent of the Minister, shall determine not exceeding* 10 years after the commencement of tho first term of 66 years. 21. For the benefit of persons who desiro to select rural land for themselves or their families, but whoso vocations are such as to prevent them from complying with tlr" residence conditions of tho principal ■ act. the. following provision shall hv'p effect with respect to rural lands (not being pastoral lands):—(a) The Governor may from time to time make snocial regulations under which such'persons may select land on tho renewaWo lease system with absolute or qualified relief from the residence conditions of tho principal act. (b) Such regulations may impose special conditions as to tho nrea which may bo selected and the improvements which must be effected and special limitations or restrictions on the disposal of the land or any part thereof by sale, lease, mortgage, devise, or otherwise. (o) Such regulations may modify the provisions of tho principal act or this act in the case of lands to whir' 1 they relate. (d) In tho case of lands selected under such regulations the provisions of the principal act and this act shall be deemed to bo modified in so far as tlioy arc inconsistent with the regulations, but not'further or otherwise, (e) All such regulat ions shall be signed by the Minister and shall be laid before both Houses of Parliament, and no such regulation shall come into forco until approved by resolution of each House. MISCELLANEOUS.

22. Section 3 of the principal act, is hereby amended as follows:—(a) By omitting the words "the principal officer" in the definition of "Surveyor-general" and substituting therefor tho worcfe "the officer in charge of tho technical branch," and (b) by inserting the following: "Undersecretary means the principal officer of tho Department of Lands and Survey, or his deputy." 23. Section 10 of tho principal act is hereby amended by omitting the words "Native lands" and substituting therefor tho words "land 6, whether Crown lands or not,"

24. (1) Section 62 of the principal act is heieby amended by omitting all the words of paragraph (1) thereof after the words "if made on the same day." (2) Section 62 of the principal act is hereby further amended by omitting the words "set forth in the schedules to this net" and substituting therefor the words "prescribed by regulations made by the Governor from time to time'by Ordor-in ; Counoil gazetted." (3) Schedules A, B, C. D, and E of tho pi'ircipal act are hereby repealed. 25. With respect to' the deposit which by Section 64 of tho principal act as amended by paragraph (4) of Section 2 of "The Land Act Amendment Act, 1893," the applicants for the -unsurveyed land are required to make for the estimated cost of the survey, the following provisions shall bo drained to. have applied from the time of the coming into operation of the principal act:—(a) Such deposits shall bo applied in or towards defraying the cost- of the survey. (b) The amount to be credited to cacti selector pursuant to scction 65 of the principal act shall he the amount of his deposit, for the estimated cost of the survey. (c) , Where the areas surveyed exceed the estimated area applied for. a deposit of tho additional cost of the survey shall be made before the application is finally approved. (d) If the area as surveyed is greater or less than the estimated area applied for, this circumstance shall not except the applicant from the forfeiture of his deposit as provided for in paragraph (2) of scction 64 of the principal act. 26. Section 6S of the principal act is hereby amended by inserting after the words "second-class lands" the words "or 3000 acres of third-class lands."

27. (1) A lessee, or licensee, or a transferee, or sub-lessee of a lessee or licensee at any lime after lie has .resided continuously for a period of not less than twovears on the land included in the lease or liccnso iray, with the permission of the board and tile Minister, but not otherwise, assign, mortgage, charge, or otherwise dispose of hi; interest in the land, or may .sublet the land, provided that when, bv reason of special ami unforeseen circumstances, an assignment, mortgage, sublease, or other disposition becomes in the opinion of the board and tho Minister necessary or desirable, such permission may b* granted and disposition may be made, although no such residence has taken place. (2) The foregoing provisions shall apply to all leases and licenses, whether granted befoje or after the passing of this act, hut shall not. applv so as to limit or affect the right of transfer or disposal vested in licenses of pastoral runs under part VI of the principal ant. •Th provisions of this section are in sukstititon for those of parafiiaph (1) of section 83 of the principal act, ami that paragraph is hereby occordinsjly repealed.

28. Puraplinph (2) of section 111 of tlvj principal act is hereby amended bv omitting the word " fourteen" and sulstit.uting therefor tho word " twenty-one," and iy inserting after the words "upset pricc of such lijnds" the .words "or ou such lescr

price as the Minister, on the recommendation of llio board, directs."

29. (1) All rural 'lands may bo classified by the hoard into first-class, second-class, and third-claes lands, and the capita! value thereof shall be fixed by "the board at. the prices following, that is to-say:—(a) Firstclass lands at a capital value not less than £1 per acre; (b) second-class lands, at a capital value not less than 10s per acre; and (c) third-class lands, at a capital value not less than 2s 6d per acre. (2) This scotion is in substitution for section 112 of the principal act, which section is hereby repealed. . 30. (1) Section 113 of the principal act, as amended by -paragraph (3) of 6cetion 3of " The Land Act. Amendment Act, 1893" is hereby amended by omitting the words "in the last preceding scction." (2) Paragraph (4) of scotion 3 of " Tile Land Act Amendment Ael, 1093," is hereby repealed. 31. Before disposing of any land under ■section 115 of the principal act, the hoard shall advertise tho application at 'least three times in some newspaper circulating in the district. 32. Scotion 116 of the principal act is hereby amended by inserting after the words "by publio auction" the words "or by tender," and after tho word " grazing " tile words "or other."

33. Section 124 of the principal act is hereby amended by omitting all the words after the word "forfeited" to the end of tho third paragraph thereof, and substituting therefor the following words: "And the board may in any case declare Inat any rates (not- exceeding two years' arrears) clue by.an outgoing lessee or licensee are a, charge upon any money, received or receivable bv the board from tin incoming lessee or licensee for improvements on tho land, and may pay to any local authority out of such moneys the amount of the sum charged thereon." 34-. The right of local authorities to 'thirds" and "fourths" under section 126 of tho principal act shall not bo affected >by the allowance of any rebate under " Tlie Crown Tenants Rent Kebate Act, 1500. M 35. Section 127 of tho principal act is hereby amended by adding thereto the following paragraph:—" (5) Nothing herein shall authorise tho payment, in respect, of any land of any sum greater than the third or foiirth as the case may be of 15 years' rent, notwithstanding that the land, may he let in succession to two ormoro different tenants, or that the lease or license thereof may ho renewed."

36. Section 151 of the principal act is hereby amended l»y inserting the words " lessees nnd" before the word "licensees," and by adding at the end of iho section the following paragraph, which shall ho doomed lo liavc been contained in the principal act. as from the date of the passing thereof: —"In the ease of any debts or licenses granted under the authority of any former Land Act, which contains provisions for the renewal of such lease or license on its expiration by effluxion of time, nothing in this act shall take away or affect "such right of renewal." 37. The provision of 6ection 160 of the principal act and of section 15 of "The Land Act Amendment Act, 1895," eliall not apply to leases of small grazing runs or pastoral runs, whether granted under the principal act or any act thereby repealed. 35. Scction 193 of the principal act is hereby repealed and the following substituted therefor:-!-"It, shall not ho competent for any person, except on the recommendation of the board and with the approval of thei Minister, to hold more than one run of any kind under this part, of this act, and such recommendation and approval may he given before or after an application has been made or a bid given at auction." 39. (1) .With" the conscnt of the Minister the Land Board may permit the holder of any pasturage lease or liccnso under Part; A"I of -the" principal act to cultivate a portion of his run for the purpose of growing winter feed- for the stock depastured thereon, and also to plough and lay down in grass an, additional area not exceeding 3000 acres, such additional area to bo specially valued in the same manner as is provided by scction 207 of the principal act at the termination of the lease or license, and the value of such improvements .as determined by valuation to be paid over by the incoming lessee to the outgoing lessee as therein provided. (2) The holder of any such pasturage lease or license may, with the permission of the Land' Board, bring such area of his run under crop as is sufficient for the use and maintenance of himself and family only, subject to conditions to be prescribed by the board as to cultivation thereof by means of a proper rotation of crops, and to the condition that he shall, on the termination of such lease or license, leave the whole of the aforesaid area properly laid down in good, permanent, cultivated grasses and clovers t£ the satisfaction of the board. '

40. Section 221 of tho principal' act is hereby amended by omitting the words "unsold Crown Lands within one quarter of a milo" and substituting therefor the words " unfeneed and uncultivated pastoral lands not within one milo of a homestead but within one quarter of a- mile." ■ 41. Section 235 of the principal act is hereby amended by adding after the word P r 'sons" ? n paragraph (2) thereof the words police stations, post and telegraph oiiices. '

42. Nothing in "Tho Kauri Gum Indusor interfere vtt P TJ? 0f 'J lO Lalul Boar(f J- ait VII of the principal act in respect oi kauri gum reserves. 43. Section 144 of .tlie principal act is hereby amended by omitting all words trom and including " on first-class land " to 103 per. acre," and substituting therefor the words "to the value of £1 for every acre of Jirst-class land, IDs for every acii of second-class land, and 2s 6d for every aero of third-class land." 44. Section 174 of the principal act is hereby amended by inserting at the commencement thereof the. words "except on the recommendation of tho board, and with the approval of the Minister," and by omit,tinj tho words "or (4) who is disqualified under any provision of this act." 45. section 244 of the principal act is hereby amended by omitting the words , a ,? r ? s ~a t! < l substituting therefor tho words the limits of area fixed by this act class "™ ° f a similar character and

46. Tho Receiver of Land Revenue shall deduct from all money payable to any local authority in rcspcct of royalties reWived for tho cutting of timber or flax on Orown lands a sum equal lo £10 per oontum of such moneys as expenses incidental lo the receipt of such royalties and to the granting of tho licenses or lewes under which they are payable. . 47, (1) The board may, with the consent in each case of the Minister, dispose of any Crown lands by way of sale in fee simple as a site for a dairy factory, ehceso factory, or creamery. (2) No allotment, so disposed of shall exceed five acres, or be sold at a less price than £1 per acre. (3) The provisions of the principal act. relating to declaration, formal application, or- public auction shall not apply to a sale of land under the provisions of this section. 48 (1) In cases where a ballot is required those applicants who arc landless shall have preference over those who are not, and the decision of tho board as to which of the applicants are. landless shall be filial and conclusive. (2) An applicant, is landless within the meaning of this scction if ho does not- hold, under any tenure, such area- of land, whether Crown land or not, as is, in the opinion of the board, sufficient for the maintenance of himself and his family.' (3) In the case of a. husband and wife, except, when they are judicially separated, if either of them not- landless, neither of them slr.ll bo doomed to bo landless.

49. In. cases whore a ballot is required, preference shall bo given, subject to tho preference provided for in the last proceding section, to tho following classes of applicants, who shall rank equally with each other:—(a) Married men with children; (b) widowers with children; (c) widows with children: (d) married women with children and judicially separated from their husbands.

50. In cases where a ballot is required, preference shall be given, subject to the preference provided for in the last two preceding sections, to apnlicauts who within the previous two years have competed unsuccessfully. at any other land ballot, whether under the principal act or under "The Land for Settlements Consolidation Act, 1900."

51. il) The Government may by Order-in-Council make regulations as to the mode in which ballots aro to bo conducted, in order to render effectual (he provisions as to prefercnce contained in t.hi 3 act. (2) In default of any such regulations, or so far as they do not. extend, tho beard shall have power to make any such arrangement? for this purpose as it considers fit.

52. The decision of the board as to the rejection or preference of any applicant shall be final and conclusive.

53. Before taking a ballot, or otherwise disposing of applications for land, the board may, in such manner as it thinks fit, inquire into all niattois affecting an applicant's suitability or his right of preference under this act. and may reject, any applicant who refuses or fails to answer any inquiries as lo such matters to the satisfaction ot tho board.

54. (1) Every person who has been successful iii any iajid ballot, whether under

the principal act or under "The Land for Settlements Consolidation Act, 1900," and who has made any disposition of his allotment or any part therefore, whether by way of assignment or sub-lease, shall be disqualified for the period of five years after the dale of such disposition from taking part in any land ballot, whether under the principal•- act or under "Tile iom» Settlements Consolidation Act, 1900. (2]l In all eases not included in tne preceding subsection, a selector who makes an assignment, of his lease or license shall be disqualified for five years thereafter from obtaining any lease or license under tne principal act unless under spelial circumstances, and with permission of the board.

55. (1) No person shall be callable of acquiring under Part 111 or Part TV of tho" principal act any land which, together with all other land (whether Crown land or not), owned, held, or occupied under any tenure, either severally or jointly, or in common with any^other person, would exceed a total of 3000 acres, calculated in manner hereinafter provided. (2) No married woman (other than married woman who Ims obtained u judicial separation or a protection order) shall he capable of acquiring ""dor Part 111 or Part IV of the nrincipal act-any land which, together with all other land (whether Crown laud or not), owned, held, or occupied under any tenure, either severally or jointly or in common with any Other person, and whether at law or iii equity, would exceed a total area of 1500 acres, calculated in the maimer hereinafter provided. (3) This section shall apply to the acquisition of any lease or license by a.ssig7iment and, to the taking of a sublease of land included in any lease or license in the same manner as to the original acquisition of such a. lease or license. (4-) nothing in this section contained shall prevenfc th& acquisition of any leas& or licenso by any executor, administrator, trustee, or beneficiary under any will or intestacy. (5) nothing in this section contained shall prevent the assignment, of any lease or license to any person by way of mortgage. (6) In estimating for the purposes of this section the area of land already owned, held, or occupicd by any person, no account shall bo taken of land vested in such person as . trustee, mortgagee) executor, or administrator only, if the persons beneficially interested in such land have no beneficial interest in the lease or license so acquired. (7) For the purpose of computing the total area mentioned in this section, every acre of first-class land shall bo reckoned as four and a-half acres, and every acre of second-class land shall bo reckoned a.4 1 one and a-half acres. (8) Any land which has not been classified shall, for the purposes of this scotion, if of an unimproved value of £1 per aore or upwards, be deemed to be first-class land, and if of an unimproved value of less than £1, but liot less than 10s, shall Ixs doomed to lie second-class land, and if of an unimproved value of less than 10s, shall bo deemed to ho third-class land. (9) Latid held under lease, the term of which expires within three months, shall not bo deemed to bo land hold or occupied within the meaning of this section unless the lessee has a right to a renewal of such lease, (10) Sections 93 and 96 of tho principal act, and paragraph (11) of section 3 of. "Tho Land Act. Amendment Act, 1893," are hereby repealed. 56. In any case where, in the opinion of the board, tho land held by a selector is insufficient, for the maintenance of himself and family, the board may, in its discretion, hut subject to tho approval 'of the Minister, permit him to acquire any land, whether contiguous or not, without such land being first opened for public selection, and, notwithstanding any restriction contained in the prinieipal act as to the numlwr of sections which any selector may hold.

57. 'Hie board shall havo power in granting any lease or license to create thereby any right-of-way, water rights, or other easements so as to malic tho same appurtenertt to tho land comprised in the lease or lice-nse, or so as to make that land subjcot thereto. 58. (1) On the death of the owner of any loaso or liccnse, his executors or administrators shall lmve power to aisign the lease or license to any qualified person, but the conscnt of the board shall be necessary for any such assignment. (2) The executors, administrators, or trustees of the deceased owner of any lease or license may continue to hold the same in trust for tho persons beneficially entitled thereto under the will or intestacy of the deceased, and the conditions as to "residence may be fulfilled by the person's so beneficially entitled, or by any of them, as if they were the owners of tho lease or license. (3) If no probate is granted or letters of administration issued within three months after the death of the owner-of a lease or license, and the Commissioner of Crown Lands is of opinion that the lease or liccnso is of so small a value that it is expedient- to exercise the powers hereby conferred upon ■him, he may either soil the leaso. ot license and execute a transfer of the same to any qualified person, and receive tho purchase money on account of tlie person entitled thereto under the will or intestacy of the deceased, or he may execute a transfer of' t-lio loaso or ' license to the person entitled thereto under tho said will or intestacy, or to any one or more of l-liem in trust for all., (4) Soot-ion 154 fo tho principal act, and scction 9 of "The Land Act Amondment Act, 1895," are hereby repealed. 59. Section 182 of the principal act is hereby amended by inserting after the words " existing lessee" the words " not earlier than two years, and" in tho first paragraph thereof. 60. Where there, is only olio application for any land the deposit required by section 63 of the principal act shall lie calculated on tho upset price, and shall be paid not later than the hour fixed for the ballot, and where the hour for tho bajlot is not fixed the deposit shall be pai<l not, later than noon on the first' day that, the office is opened for business following Hint 'on which tho application was received, and If not then paid the application shall lapse. 61. (1) If any purchaser of cash lands under part 111 of the pricipal act, holding the same under a certificate of occupation, fails' to fulfil the, conditions as to improvements contained in section 148 of that act within the time therein limited, the board may declare that his estate and interest and tho said land is forfeited, and tho ■ said estate and interest shall thereupon cease apd determine. (2) In tho case of any such forfeiture the improvements on the kind fiha.U be dealt with" a-s provided in sections 72 to-77 of tho principal act. (3) This section shall apply to persons who havo becoino -purchasers of such lands as afoposaid before the coming into oporation of this act, but in the case .of eiich persons no such forfeiture shall take place if within t-lie period of aoven years after the .coming into operation of this act they fulfil the said conditions as to.improvements. PART IL—LAND FOR SETTLEMENTS. 62. Thi-3 part of this act shall be read together with and be deemed part of" The of!>> or ?°'''emonts Consolidation Act, 1900 ' (hereinafter in this part, of this act referred to as the principal act). 63. (1) After the passing of this'act no land acquired under the nrincipal act or subject to tho provisions thereof (hereinafter called settlement land) shall be disposed of by way of lease in perpetuity, but all such hum may bo disposed of bv way of renewable lease, in accordance with the provisions of part I of this act, but subject to the provisions hereinafter contained. (2) I lie -ierm of the lcaa shall bo 11 years, with a. perpetual right of renewal for further successive terms of 33 years. (3) No such lease shall.be granted at a lower yearly rental than- £5 per centum of the capital value of the land, as determined by the Minister, in accordance with section 51 of the principal act. (4) On the renewal of any renewable lease of settlement- land the rental shall be determined, as in the ease of a. renewable lease of Crown lands, under part I of this act, savo that the said rental may amount to, but shall npt exceed £5 ocr centum of the then value of the land, as determined in accordance with the provisions of part I of this act. 64. All the provisions contained in the principal act, or in amendments, with respect to lease in perpetuity, shall apply to renewable leases except so far as expressly excluded or modified by the provisions of this act.

65. (1) In every ease in which settlement land is to be disposed of by way of lease under the provisions of section 49 of tho. principal act, those provisions shall be subject to the modifications hereinafter in this section contained. (2) Save as hereinafter, provided, such land shall not. be disposed of by way ot ballot, but shall be disposed of by way of public tender, and shall be leased to the applicant, who makes the highest tender, subject, however, to the provisions "as to the minimum rental hereinbefore contained. (3) The provision of the said section 49 of t.ho principal act as lo preference of certain classes of applicants over others shall not apply to the disposal ot land bv way of tender. (4) If two or more applicants tender the same amount for the same allotment the right to the lease shall he determined as • between them by ballot, in accordance with the provisions of the principal ad, any necessary. modifications. The provisions of the said act as lo preference of certain classes of applicants over others shall continue to apply to a. ballot taken under this subsection,, (5) The Governor may, by Order-

in-Council gazetted, make regulations with respect to the procedure to bo adopted in disposing of settlement land by tender or ballot as aforesaid.

66. (1) When any land is taken conipulsorily under the provisions of the principal act the value' thereof for the purpose of assessing compensation shall be the capital value of that land as assessed in tho valuation roll in force under the provisions of "Tho Government Valuation of Land Act, 1896," at tho time when the requisition is gazetted for the taking of that, land, provided that, if the owner proves that the value of the land so to Ixj taken has increased since the date of the ja-id valuation, the amount o[ such increase shall ho added to the said valuation. (2) There shall be payable by way of compensation, in addition to the value of the land ascertained as aforesaid, a sum calculated in manner following:—j'a) Where the value ascortaind as aforesaid exceeds £50,000. an addition of £2 10s per centum of such value. (b) Where the said value does not exceed £50,000, but. exceeds £25,000, an addition of £5 per centum of such value, (e) Where the said value does not exceed £25,000, an addition of £10 per centum of such value.

67. Subject to provisions contained in this part of this act, all provisions of part I of this act with respect to leases in perpetuity and to. renewable leases shall apply respectively to leases in perpetuity and renewable" leases of settlement land.

68. The provisions of paragraphs (1), (2), and (4) of section 12 of the principal act | shall nflt apply to land required to be taken merely in order to adjust, rectify, or make more convenient the lranndary of apostate acquired under that act. 69. Paragraph (2) of section 13 of the principal act is hereby amended by omitting the words " such borough" and substituting therefor the words "any borough." 70. (1) Notwithstanding anything to the contrary in the principal act, land acquired under thai act may. with the consent of tho Minister, he disposed of to any local authority by way of sale in feo simple for any public work. (2) The .price shall in each case be fixed by the Mfhisier, and shall not lie less than the cost of the land (including in the cost all expenses incurred under the principal act in connection with the-land). (3) The proceeds of the sale shall be' paid into the land for settlements acoount.

71. (1) The Governor may from time to time exchange any land acquired under the principal act for any other land, and may on such exchange pay or receive any sum by way of equality of exohange, and the land acquired by such exchange shall lie doomed to have l«en acquired under tho principal act. (2) All sums 60 paid shall bo paid out. of the land for settlements account, and all sums eo received shall bo paid into that account.

72. Regulations under tho principal act. may bo made applicable only to one ov more settlements, or to one or more sections of a settlement specified in such regulations; 73. Scction 8 of "Tho Land for Settlements Amendment Act, 1901," is hereby repealed.