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Ture Whakahaere Rahui Maori

Special Provisions as to leasing to Natives

45 Special Provisions as to leasing to Natives.

21.Notwithstanding any of the provisions of this Act relatingLands may be leased to Natives under provisions, &c., required by Public Trustee. to the disposal of lands by tender or otherwise, the Public Trustee may in his absolute discretion—
(1.)Lease in possession, and not in reversion, to Natives any 50land vested in the Public Trustee.page 12
(2.)No lease shall be made,—
(a.)In the case of land situated in any town, borough, or city, of more than acres;
(b.)In the case of suburban land, of more than five acres;5
(c.)In the case of rural land, of more than six hundred and forty acres;
(d.)In the case of pastoral land, of more than five thousand acres:
And the Public Trustee shall be the sole judge as to10 whether or not land to be leased under this section comes within one or other of the classes referred to.
(3.)The rent, conditions, covenants, and provisions of leases under this section shall be such as shall be fixed by the Public Trustee: Provided that the rent to be reserved15 shall not be less than five pounds per centum per annum on a valuation, to be determined by the Public Trustee, of the land to be leased as for an estate in fee-simple.
(4.)Every lease granted under this section shall be for the like terms of years as in cases of leases granted under the20 provisions contained in the Schedule to this Act, and shall be renewable in like manner and subject to the like conditions as is provided by the said Schedule in the case of renewals of leases thereunder, subject nevertheless to any provisions, limitations, and restrictions which the Public 25 Trustee may by regulations prescribe.
(5.)The Public Trustee may in his discretion, by regulations, limit and restrict the rights and powers of Natives to alienate such leases, or the land comprised therein, or any estate or interest therein; and such limitations and30 restrictions shall have the same force as if enacted by Statute.
(6.)No Native shall have any right at law or in equity to alienate any lease, or the land comprised therein, or any estate, or interest therein or thereunder, if such alienation is contrary to the provisions of this Act, or to any provisions, limitations, or restrictions made by the Public Trustee; and all alienations or attempted alienations which shall be contrary to any provisions of this Act, or to any provisions, limitations, or restrictions made by regulations as aforesaid,40 shall be absolutely void:
Provided that the Public Trustee may from time to time by writing, but not otherwise, alter, vary, waive, or release any of the provisions, restrictions, or limitations contained in any lease or made by the Public Trustee.45
(7.)Native lessees under this section, and Natives holding or owning a lease under this section or any estate or interest therein, notwithstanding any exemption contained in any Act or law now or hereafter in force to the contrary, shall be liable to the same obligations, duties, taxes, 50 rates, charges, and assessments with respect to the land demised as would be the case if the Natives were Europeans.page 13
(8.)The lessee shall pay the, first half-year's rent payable under the lease before the Public Trustee executes such lease, and shall pay the like costs and charges as in cases where leases are granted under the other provisions of this Act, 5together with any stamp-duty required.
(9.)The lease, if registerable, shall be registered at the cost of the lessee under "The Land Transfer Act, 1885," or "The Deeds Registration Act, 1868," according to the title, by the Public Trustee before being delivered to the lessee.