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Ture Whakahaere Rahui Maori

Lessees, Limitations, Penalties, and Forfeitures

page 26

Lessees, Limitations, Penalties, and Forfeitures.

24/ 92.Any person of seventeen years of age and upwards my become lessee under Parts III. and IV. of this Act; but no person who has forfeited the right to hold the land leased by him by reason of the wilful breach of any of the conditions of a lease, or who has committed a wilful breach of any of the provisions of this Act, shall, without the consent in writing of the Public Trustee, become the lessee, holder, or owner of a lease under this Act within a period not exceeding two years from such forfeiture or such wilful breach as aforesaid, as may be determined by the Public Trustee.
25/ 93.No married woman not having obtained a decree of judicial separation or protection order shall, except as hereinafter provided, become lessee under Parts III. or IV. of this Schedule.

The provisions of this section shall not apply to any married woman who may become entitled to a lease under a will or by intestacy.

26/ 95.No person shall, by himself or through any other person for him, be entitled to acquire, obtain, or hold, either by original tender, or by transfer, or otherwise in any manner, any land under any tenure under this Act unless it be exclusively for his own use or benefit.

And no person who at the time of tendering has made any promise or agreement, whether binding in law or not, to permit any other person to acquire, by purchase or otherwise, the land in respect of which tender is made, or any part thereof, or the tenderer's interest therein, shall be a lessee under this Act.

Any person who wilfully commits, incites, instigates, or employs any other person to commit, any breach of the provisions of this Act by obtaining any lease or license not exclusively for his own use or benefit, shall be liable to a penalty of not less than one hundred pounds nor exceeding five hundred pounds; and every one aiding and abetting in such breach shall be liable to the same penalty.

27/ 96.The Public Trustee shall declare every transaction null and void, and all deposit moneys to be forfeited, in any case where any person has acquired land under this Act in excess of the maximum area herein prescribed. Any declaration as aforesaid shall, if the same be entered in the minutes of the Public Trustee, be final and conclusive.
28/ 96a.Where any lessee or person forfeits his right to a lease in any manner, and as often is such a case shall occur, the land shall be again open for leasing, charged with the value of the improvements, if any, to be ascertained and dealt with as hereinbefore directed.
29/ 97.A director, attorney, or agent of a corporation may make on its behalf any of the declarations required by this Act, and forms may be altered accordingly.
30/ 98.Any person who, in any statutory declaration required under this Act, or under any regulations thereunder respectively, wilfully declares to anything which is false, shall be deemed to be guilty of a misdemeanour, and liable to a penalty not exceeding two hundred pounds or to be imprisoned for any term not exceeding one year with or without hard labour; and any right or title acquired through any such declaration shall become thereby absolutely forfeited.
31/ 99.When the Public Trustee has reason to believe that the statements contained in any declaration are false, or that any person in making the same has in any manner evaded or attempted to evade the requirements of this Schedule in their true intent and spirit, the Public Trustee may, in his discretion, hold an inquiry into the case, and may declare forfeited all the rights of such person to the land and all moneys paid in respect thereof.

Nothing in this section contained shall be deemed to exempt any such person from any prosecution or penalty he may have become liable to by reason of making a false declaration.

32/ 100.If any person wilfully makes any false declaration required by this Act in respect of the land comprised therein, any lease acquired thereby shall be liable at the option of the Public Trustee to be absolutely forfeited; and, if forfeited, the leased land, with all improvements thereon, shall revert to the Public Trustee, without any payment whatsoever to the lessee.
33/ 102.Upon the forfeiture of any lease, the Public Trustee shall send to the District Land Registrar a notice signed by the Public Trustee of such forfeiture, which shall be a sufficient authority to enter upon the register a note of the said forfeiture and of the cancellation of the lease.
34/ 104.In every case of the forfeiture of a lease, the lessee shall be liable for rent or other payments in respect of his lease, and for the breach of any of the provisions page 27thereof, up to the time when possession of the land comprised therein has been obtained by the Public Trustee, but not afterward.