Ture Whakahaere Rahui Maori
Leasing of Land.
|41/ 136.||The Public Trustee may from time to time, by notification in the Gazette, and in such, other manner as the Public Trustee thinks fit, offer any land, not being lands open under Part IV. of this Act, for lease by lender in areas not exceeding six hundred and forty acres, in the manner and upon the conditions mentioned in this Part of this Act.|
|42/ 137.||Every such notification shall fix the upset rental at which, and the time and place when and where, the land mentioned therein shall be open for leasing.
The time shall not be less than thirty days after the date of the notification.
In the case of rural land the upset rental shall not be less than per centum per annum upon a value not less than twenty shillings per acre for first-class land, and per centum per annum upon a value, of not less than five shillings per acre for second-class land.
The Public Trustee may, in any such notification, assign a price per acre to each block, or to each section within a block, and may, subject to a new notification page 28being given, and to the provisions of this Act fixing the minimum prices of land, raise or reduce such price.
|43/ 111.||All town and suburban lands—
|44/ 157.||Lands leased under this Part of this Schedule shall be held—
|45/ 158.||No lessee shall be capable of becoming the lessee under more than one lease unless the lands are of different classes, or unless the lands comprised in the several leases adjoin each other. Lands shall be deemed to adjoin each other if only separated by a road or stream, or such interval of space as the Public Trustee may determine in each case.
No lessee shall be capable of holding, whether solely or jointly with any other person or in partnership, in the case of rural land, more than six hundred and forty acres; in the case of suburban land more than five acres, and in the case of town land more than two acres.
Any lease held by any person who shall hold or occupy by himself or by other persons under him more than one lease or more than the area aforesaid, except as aforesaid, shall be forfeited, and be deemed to be and to have been, from the issue thereof, absolutely void and of no effect.
The provisions of this section shall not apply to persons who may become lessees or sub-lessees by marriage, or under a will, or or virtue of an intestacy.
|46/ 141.||Residence on any land under this Part of this Schedule shall be compulsory, and shall commence in bush-lands or on swamp-lands within four years, and in open or partly open land within one year from the date of the commencement of the term; and thereafter such residence shall he continuous for a term or ten years.
But these conditions of residence shall not apply to any person who has acquired an interest in any lease under an intestacy or by will.
Where two or more persons are lessees under one lease, then—
|47/ 142.||The Public Trustee may dispense with residence if the lessee reside and continue to reside on lands contiguous to the lands held under lease. Lands shall be deemed to be contiguous to each other if only separated by a road or stream, or by such interval of space as the Public Trustee may determine in each case.|
|48/ 143.||Personal residence may also be dispensed with by the Public Trustee in the cases hereinafter mentioned:—
|49/ 144.||Every lessee of lands under this Part of this Schedule shall put on the land comprised in his lease substantial improvements—
|50/ 146.||In the case of suburban lands the Public Trustee in his discretion may dispense with conditions as to improvements of special monetary value, where such substantial improvements have been effected as in the opinion of the Public Trustee are reasonable in the circumstances.|
|51/ 147.||The Public Trustee, on compliance with the provisions of section eighty-three, or on his being satisfied by a statutory declaration that the transferor is unable or not in a condition to make the improvements on the land required by this Act, may sanction a transfer of any interest in such land held under this Part of this Act to any person not disqualified who shall make the declaration under the particular system under which the land is held, as given in the Forms to this Act.|
Leases of Small Areas.
|52/ 61.||Notwithstanding anything in this Act, the Public Trustee may from time to time set apart for lease with right of renewal, as provided by this Part of this Schedule, portions of rural lands not exceeding fifty acres each, to be open to all persons by tender to the Public Trustee in such manner as it thinks fit.
Every lease under this provision shall be for a term of twenty-one years, renewable from time to time as hereinafter provided.
No lessee shall, either solely or jointly with any other person or in partnership, under this provision hold more than fifty acres. Any lease so held shall be absolutely void.
The rent shall not be less than five per centum per annum upon the value of the land, not being less than shillings per acre.
Except as hereinbefore mentioned, all the provisions of this Act shall apply in respect of land taken up under this section.
|53/ 159.||Any lessee may, with the consent of the Public Trustee, surrender the lands comprised in his lease, upon such terms as the Public Trustee thinks fit. It page 30shall not be competent for the surrendering lessee for the period of one year from the date of such surrender to become the lessee of the new lease, either originally or by transfer or sub-lease, in case there should be any other applicant for such new lease, unless the Public Trustee consents in writing thereto.|