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Ture Whakahaere Rahui Maori

Part IV. — Small Runs

Part IV.
Small Runs.

54/ 172.Pastoral lands may from time to time by the Public Trustee, by notice in the Gazette, or in such other manner as he thinks fit, be set aside and subdivided into grazing-runs.

The area of a grazing-run shall not exceed five thousand acres.

The term shall be twenty-one years in possession, with right of renewal as hereinafter provided.

55/ 173.Runs may be declared open for lease by tender, at a rent of not less than two and a half per centum per annum on the value as determined by the Public Trustee, as the Public Trustee shall think fit, not being less than per acre.
56/ 174No person shall be a lessee under this Part of this Act—
(1.)Of more than one run; or
(2.)Who Owns any freehold land, or land held by lease or license of any kind whatever from the Crown or the Public Trustee, or land held by lease from any other person or from any company or corporation or local authority, whereby such person, either by himself or jointly with any other person or persons, would become the owner or occupier of lands anywhere in the colony which taken together would exceed in area one thousand acres exclusive of the lands comprised in the run for which he is an applicant; or
(3.)Who is disqualified under any provision of this Act.

The provisions of this section shall not apply to persons who may become lessees or sub-lessees by marriage, or under a will, or by virtue of an intestacy.

Leases acquired or held by any person in contravention of this section shall be deemed to be and to have been from the issue thereof absolutely void and of no effect.

57/ 176.A lease shall entitle the lessee to the exclusive right of pasturage over the lands included in the lease, and to all crops which he may take off any part of the lands he may put into cultivation, in manner not in contravention of his lease or this Act or of regulations thereunder. No lease shall confer or give to the lessee any right to the timber or minerals on or under the land leased.
58/ 177.Every lease shall be subject to the following conditions:—
(a.)Such roads and rights-of-way as are in common use shall remain open to the public, and the Governor or the Public Trustee may from time to time take, without compensation to the lessee, such other road or roads as may be deemed necessary through any part of the lands leased, not being part of lands immediately adjoining the homestead which the lessee shall previously have selected with the approval of the Public Trustee. Such roads as may be taken by the Governor or the Public Trustee may be either temporary or permanent, as may be expressed in any notice to that effect published in the Gazette.
(b.)The lessee may, with the approval of the Public Trustee, select not exceeding one hundred and fifty acres of land immediately adjoining and including his homestead, through which no road may be taken without the lessee's consent, and on which he may cut timber to be used for fencing or building purposes only on the land leased.
(c.)The lands comprised in the lease shall be subject to the provisions of any law relating to mining in force at the time when such lease was granted, and to all regulations made thereunder; and every holder of a miner's right or business license may exercise the same respectively over lands which may be leased under this Part of this Act.
59/ 178.Lessees shall reside on some portion of the land leased: if bush or swamp land, within three years; if open or partly open, within one year; and such residence shall be continuous to the end of the term, but the conditions of such residence may be relaxed by the Public Trustee.page 31
60/ 179.Lessees shall put on the land leased substantial improvements of a permanent character to a value equal to the amount of one year's rent of the land within one year from commencement of the lease; and to a value equal to another year's rent within two years from such date; and thereafter, but within six years from such date, to a value equal to the amount of other two years' rent; and on bush land, in addition thereto, shall put substantial improvements of a permanent character on the land comprised in the lease, to the value of ten shillings for every acre of such land if first-class land, or of five shillings if second-class land.

Any money paid for value of improvements by a purchaser of a lease shall be allowed as substantial improvements put upon the land by such purchaser, to the amount of such value, within the meaning of this section.

61/ 180.The lessee shall pay the rent reserved by his lease to the Public Trustee by equal half-yearly instalments, in advance.
62/ 193.No person or company, either solely or jointly with any other person or in partnership, shall hold more than one run or lease under this Part of this Act.
63/ 199.Every lease under this Part shall be deemed to contain the following conditions:—
(1.)A condition for the payment of the rent at the times herein mentioned
(2.)A condition that if the lessee, or any person claiming title or interest through or under the lessee, shall make or cause to be made any agreement or contract, or shall give or cause to be given or taken any negotiable security, for the purpose of defeating or evading the provisions of, or shall in any way whatsoever, directly or indirectly, commit or be privy to a fraud upon, this Act, the lease shall be liable to be forfeited and revoked;
(3.)A condition that the lessee shall prevent the destruction or burning of timber or bush on the land comprised in his lease: Provided that the Public Trustee may grant authority to destroy timber or bush by burning or otherwise upon such terms as the Public Trustee thinks fit;
(4.)A condition that the lessee shall prevent the growth or spread of gorse, broom, and sweetbriar on the land comprised in his lease:

And every lease shall contain such other conditions and provisions as the Public Trustee shall approve of and shall direct to be inserted therein.

64/ 204.Every transfer of the interest in a run held under a lease shall be registered at the principal office by lodging at such office a duplicate of such transfer, and until so registered shall have no effect or operation, and no interest, either at law or in equity, shall be transferred thereby. No transfer shall be registered in the Land Transfer register, or under any law relating to the registration of deeds and instruments, unless there is indorsed thereon or annexed thereto a certificate signed by the Public Trustee that the provisions of this section have been complied with.
65/ 215.If the rent of any run is not paid within thirty days after it shall become due, ten per centum on the amount unpaid shall be added thereto, and such rent, together with such addition, shall be recoverable in manner as provided in this Act for recovery of rent in arrear: Provided that, in case of the death of the lessee before the rent becomes due, the time of payment may be extended by the Public Trustee to not exceeding three months.
66/ 218.The Public Trustee may accept the surrender of any lease under this Part of this Act, upon such terms as he thinks fit.