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Ture Whakahaere Rahui Maori

Tenders, Deposits

Tenders, Deposits.

5/ 58.No tender for the disposal or other occupation of lands shall be valid unless in writing, made at some office or place appointed by the Public Trustee for that purpose during the hours fixed by the Public Trustee when such office or place is open to the public for the transaction of business, or is sent by letter through the post addressed to the Public Trustee at his principal office in the City of Wellington. If sent by post, the tender shall not be deemed to be made until it reaches the office or place appointed by the Public Trustee, or the principal office, as the case may be.page 23
6/ 59.Where tender is made at an office or place other than the principal office, the officer or person receiving the same shall note the day and hour of the receipt thereof, and shall forthwith transmit such tender, with a note of the time when the same was received, to the principal office.
7/ 60.The Public Trustee shall at all times have power, in the interests of the Native owners or in the public interest, and in his discretion, to refuse to receive any tender.
8/ 62.To every tender for land under Parts III. and IV. of this Schedule there shall be annexed or appended a statutory declaration made and signed by the tenderer in such one of the forms set forth in this Schedule as shall be applicable to the case.
(1.)All tenders for land made within the time limited shall be deemed to be simultaneous; but no lender, excepting under Part IV., shall be received from the same tenderer for any land of a greater area than two thousand acres of land, inclusive of not more than six hundred and forty acres of first-class rural land.
(2.)All tenders shall be opened simultaneously on a day appointed by the Public Trustee for the purpose.
(3.)Every tender shall be incapable of being accepted where the rental tendered is less than the upset rental fixed. And no tender shall be accepted unless the same is closed up and accompanied by a statutory declaration in the form or to the effect hereinbefore referred to, together with six months' rent at the rate mentioned in the tender, and such sum to pay for the costs of the lease and registration thereof as the Public Trustee may by by-laws or regulations have prescribed, together with stamp-duty; and such sums must be paid either in cash or by a marked cheque.
(4.)The highest tenderer, if his tender shall equal or exceed the upset rental, shall, if the Public Trustee agrees to accept such tenderer, be declared the lessee, and be entitled to possession of the lands so soon as he has duly executed a lease thereof and has complied with all other conditions lawfully prescribed in that behalf.
(5.)If the rent offered by two or more tenderers is the same amount, and higher than that offered by any other person, then the Public Trustee shall, after opening all the tenders, decide by lot, in such manner as he shall think fit, which of such two or more persons shall be declared the lessee.
(6.)The deposits and fees paid by the unsuccessful tenderers for any lease shall be returned to them.
(7.)All lands which have been notified as open for leasing under any Part of this Act, and which have not been let, shall, until withdrawn by the Public Trustee, remain open for leasing, and, in case of more than one tender on the same day for the same land, the right thereto shall be decided by lot.

Provided that the Public Trustee shall not be bound to accept the highest or any tender in any case.