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Ture Whakahaere Rahui Maori

Leases, Transfers, and other Instruments

Leases, Transfers, and other Instruments.

17/ 81.Upon compliance with the provisions of this Act, the Public Trustee shall issue leases, and renewals or transfers thereof, and other instruments, subject to the provisions of this section and of the eight next following sections, which shall apply to all leases and renewals or transfers of leases and other instruments under this Act:—
(1.)Whenever the Public Trustee is authorised to issue or execute any lease or instrument, whatever may be its nature, the same may be in such form as shall be prescribed by regulations made by the Public Trustee.

Any form required under this Act may be varied to suit the circumstances of any case which may arise.

(2.)There shall be paid for every lease or other instrument issued or executed by the Public Trustee such fees and charges as the Public Trustee may page 25by regulations provide; and the Public Trustee may require such fees and charges to be paid before such lease or instrument is issued or executed; and the Public Trustee may refuse to proceed in any transaction if such fees and charges are not paid.
18/ 82.If any person or lessee fails to execute his lease within thirty days after being required by written notice (given in any manner the Public Trustee think fit) so to do, then his deposit and the sum paid for the lease and registration thereof shall, after a resolution of the Public Trustee to that effect has been passed, be absolutely forfeited to the Public Trustee, and the right of such person to obtain such lease shall absolutely cease.
19/ 83.Leases shall be prepared by the Public Trustee, and shall contain such covenants, conditions, and provisions, consistent with this Act, as the Public Trustee may think fit, and shall be subject to the stipulations following:—
(1.)No lessee shall, except with the consent in writing of the Public Trustee, or except by will, dispose of his lease, or the land comprised therein or any part thereof, or the possession or occupation of the land leased to or occupied by him, or any part thereof, by transfer, mortgage, or otherwise.
(2.)When a statutory declaration is required from any lessee, no transferce, and no purchaser of any lease under any power of sale vested in any mortgagee or assignee or trustee in bankruptcy, shall be admitted into possession or occupation of the land comprised in such lease until he has deposited with the Public Trustee a statutory declaration in the same form or to the same effect.
(3.)Every transferee of a lease shall have all the rights and privileges, and be subject to the same obligations, as the original lessee after the date of approval of such transfer by the Public Trustee.
(4.)No transfer of any lease shall be valid unless all the conditions of the lease or upon which the lease was granted have been complied with as to payment of rent or otherwise up to the date of such transfer.
(5.)Before any transfer is approved of by the Public Trustee, he may require the transferor to make a statutory declaration to the effect that all the conditions of his lease have been fulfilled up to the date of the proposal to transfer, and in such declaration may require the transferor to declare to such other particulars respecting the land as the Public Trustee shall think fit.
(6.)If any lessee shall fail to fulfil any of the provisions of his lease within thirty days after the day on which the same ought to be fulfilled, the lease shall be liable to be forfeited by a resolution of the Public Trustee after notice to the lessee, and he shall be deemed, upon such forfeiture, to be in illegal occupation of the land comprised in the lease.

The foregoing conditions as regards leases shall operate and be deemed to bind the Public Trustee and the lessee as fully and effectually as if they were set forth in the lease.

(7.)No mortgagee under any Part of this Schedule shall be required to make a statutory declaration unless and until he shall become a purchaser under the provisions of the mortgage, but he shall make such a declaration before the Public Trustee sanctions the transfer to him.
20/ 86.Leases by the Public Trustee of land under "The Land Transfer Act, 1885," shall, if registerable, be registered by the Public Trustee under that Act, and, if the land is not under that Act, then in the manner provided by any law for the time being relating to the registration of deeds and instruments. The cost of such registration shall be paid by the lessee.

All dealings with or under leases in contravention of the provisions of section eighty-three of this Act as to transfers of leases shall be absolutely void, and the District Land Registrar shall not register any dealing with or under a lease until the production to him of a certificate signed by the Public Trustee that the said provisions have been complied with.

21/ 88.Every lessee (including Natives being lessees) shall be liable for all rates, taxes, or assessments of every nature or kind whatsoever imposed upon the lessee or occupier of the lands included in the lease during the term for which he is lessee.
22/ 89.All declarations made under this Act shall be exempt from duty under any Act now or hereafter passed relating to stamp duties.
23/ 90.The Public Trustee, if satisfied that any lease or other instrument issued by the Public Trustee has been lost or accidentally destroyed, may grant a new lease or instrument in confirmation thereof, upon such terms and conditions in each case as he thinks fit.