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[Collected Rules and Regulations of the Native Land Court, in English and Māori]

Regulations under "the Native Townships Act, 1895."

[ko te tohutoro i roto i te reo Māori]

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Regulations under "the Native Townships Act, 1895."

Order in Council.
At Dunedin, this fourth day of February, 1896.
His Excellency the Governor in Council.

Whereas by "The Native Townships Act, 1895" (hereinafter called "the said Act"), it is enacted that the Governor in Council may from time to time make such regulations as he thinks fit as to the mode in which shall be done anything by the said Act expressed to be prescribed, and generally for the purpose of giving full effect to the provisions thereof; and also that such regulations shall be laid before both Houses of Parliament forthwith, if sitting, and, if not sitting, within twenty-one days after the beginning of the session; and also that such regulations shall, if either House pass a resolution disapproving of them, cease to have any validity or force:

Now, therefore, in exercise of the powers in this behalf conferred upon me by the said Act, I, David, Earl of Glasgow, the Governor of the Colony of New Zealand, with the advice and consent of the Executive Council, do hereby make the regulations following for the purposes aforesaid:—

1.Any Native owner who objects to the sufficiency, size, or situation of the reserves or the Native allotments as shown on the plan of any township must submit his objections in writing to the Chief Judge of the Native Land Court within the period of two months during which the plan is being exhibited for inspection. Any such notice may be delivered personally to a Judge or Registrar of the Court, or be sent direct by registered letter to the Chief Judge. Such notice shall he in the following form or to the following effect:—

"Native Townships Act, 1895." — Objection Under Section 9.

To the Chief Judge, Native Land Court.

1 [or We], being the owner [or owners] according to Native Land Court title [or Native custom] of the land in the page 4Native Township of, object to the reserves [or Native allotments] as shown on the plan numbered, exhibited at during the month of, for the following reasons:—

A.B., of.



2.In any case where by operation of the said Act any person is deprived of the benefit of any encumbrance the compensation to which he is entitled under section 13 of the said Act may be fixed by agreement between the parties interested and the Minister of Lands, or, in case of disagreement, on the application of the Minister or any person interested, by the Native Land Court, in the same manner, as nearly as may be, as is provided by section 90 of "The Public Works Act, 1894," with regard to claims for compensation in respect of leasehold interests in land owned by Natives which has been taken for public purposes under the provisions of the said Public Works Act.
3.Allotments to be leased in any Native township shall be advertised for lease in the same manner as nearly as possible, as Crown lands, subject to the following conditions:—
(1.)The respective lots shall be offered by auction or tender (as the Commissioner thinks fit).
(2.)The bidder or tenderer (as the case may be) of the highest rent shall be declared to be the lessee, and, if any dispute arises as to the last or highest bidding at any auction for any lot, the lot in dispute shall be put up again at the last-preceding bidding.
(3.)In the case of auction, the highest bidder for each lot shall, upon the fall of the hammer, pay to the auctioneer the first half-year's rent in advance by way of deposit, which shall represent the half-year's rent as from the 1st January or 1st July then next ensuing, and shall cover the period between date of sale and such 1st January or lst July.
(4.)The second half-year's rent shall become payable on the 1st January or 1st July following, as the case may be, and thenceforth shall be paid half-yearly in advance.page 5
(5.)In the case of tender, each tender shall be accompanied by the aforesaid deposit in cash or by marked cheque, otherwise the tender shall be void.
(6.)As soon as may be after the highest bidder or tenderer, as the case may be, is ascertained a lease will be prepared, for which there will be a charge of 20s., to be paid by the lessee. Such lease shall be for the term of twenty-one years, commencing from the 1st day of January or July, as the case may be, then first next ensuing, and the lessee shall execute the same in triplicate at the office of the Commissioner whenever requested so to do.
(7.)In cases where any of the allotments are subject to the payment of the value of improvements, as provided by subsection (2) of section 14 of the said Act, or by the provisions of an expiring lease under the said Act, the respective amounts thereof shall be specified in the conditions, and such value shall be paid at the same time and in the same manner as the deposit heretofore mentioned.
(8.)Should the highest bidder or tenderer, as the case may be, neglect or fail to comply with any of the conditions, his deposit-money shall thereupon be forfeited to the Commissioner, who shall be at full liberty either to enforce the letting or to relet the premises at such time and place and in such manner as he thinks fit.
4.Every lease shall be in the following form, with such modification as the circumstances may require:—

This deed, made the day of, one thousand eight hundred and ninety-, under the provisions of "The Native Townships Act, 1895," between Her Majesty Queen Victoria (who, with her heirs and successors, is hereinafter referred to and included in the expression "the lessor "), of the one part, and, of, in the Land District of, in the Colony of New Zealand (who, with his executors, administrators, and permitted assigns, is hereinafter referred to and included in the expression "the lessee"), of the other part, witnesseth that, in consideration of the rent hereinafter reserved, and of the covenants, conditions, and agreements herein contained and implied, and on the part of the lessee to be paid, observed, and performed, the lessor hereby demises and leases unto the lessee all that piece of land, containing by admeasurement acres roods perches, a little more or less, situate in the Native Township of page 6and being allotment numbered, Block, on the plan of that township, as the same is more particularly delineated and described in the plan drawn hereon, and therein coloured red in outline; together with all ways, rights, easements, and appurtenances to the same belonging: To hold the demised premises unto the lessee for the term of twenty-one years, commencing on the first day of one thousand; yielding and paying therefore the annual rent of, payable half-yearly in advance on the first day of January and the first day of July in each year during the said term, free from all deductions whatsoever, the first half-yearly payment of such rent having been already made, and the next payment to become due and be made on the first day of thereafter.

And the lessee hereby covenants with the lessor as folows, namely:—

1.The lessee shall not nor will at any time during the said term assign, underlet, or part with the possession of the demised premises, or any part thereof, without the previous consent in writing of the Commissioner of Crown Lands for the time being of the Land District of, hereinafter called "the Commissioner."
2.The lessee will from time to time during the said term pay unto the lessor the said rent on the days and in manner aforesaid, and also will from time to time pay and discharge all rates, taxes, charges, and assessments whatsoever now or hereafter to become payable upon or in respect of the demised premises, or any part thereof.
3.The lessee will, during the said term, well and sufficiently repair, maintain, and keep the demised premises and all buildings, fences, and erections from time to time built or erected thereon in good and substantial repair and condition (reasonable wear-and-tear and damage by fire, storm, earthquake, or tempest only excepted). In the erection of any buildings from time to time the lessee will abide by and conform to the alignment of streets and roads, and also to all the by-laws and regulations from time to time in force, or made or passed by the local authority for the time being intrusted under "The Native Townships Act, 1895," with the administration of the local affairs of the said townships, by whatever name or designation such local authority may for the time being be called, but hereinafter referred to as "the local authority."
4.The lessee will from time to time construct maintain, and keep all such privies, ashpits, and other works of a similar character as may be ordered or directed by the page 7local authority; and, in cutting and laying of drains and channels for the conveyance of water or waste material or refuse of any kind, and in maintaining and providing for the sanitary state and condition of the demised premises, will at all times act in accordance with the direction of the local authority or the requirements of any laws, by-laws, rules, or regulations for the time being in force providing for the sanitary state and condition of the said township.
5.The lessee will not at any time during the said term, without the previous consent in writing of the local authority, carry on or permit to be carried on upon the said land or any part thereof the trade or business of a soap-boiler, tallow-chandler, tanner, slaughterman, meat-curer or-preserver, or any noisy, noxious, or offensive trade or manufacture of any kind whatever.
6.The lessee will permit the lessor, or any person on her behalf duly authorised as hereinafter provided, from time to time to enter upon the demised premises at all reasonable times to view the state and condition thereof, and upon notice of any defect or want of repair being given to the lessee, or left for him on the premises, the lessee will, within one month thereafter, make good any such defect or want of repair.

Provided always that whenever the rent hereby reserved, or any part thereof, is in arrear for twenty-one days the same may be levied by distress without any previous demand of payment or notice of any kind: Provided further that, if the lessee makes default for thirty days in the full and punctual payment of any of the said rent, or if he makes default in the faithful performance or observance of any other covenant or condition on his part herein contained or implied, or if the Commissioner is satisfied that the land comprised in this lease is being held unused and to the hindrance of the trade and progress of the said township, then and in any such case, and without any notice or demand whatsoever, it shall be lawful for the lessor to re-enter upon the demised premises and thereby determine this lease, and that without releasing the lessee from any liability in respect of any rent due or of any preceding breach of covenant.

And it is hereby declared and agreed as follows—that is to say:—

1.The rent hereby reserved may be paid to the Receiver of Land Revenue for the time being of the Land District of, on behalf of the lessor, and the receipt of such Receiver shall be a good discharge to the lessee.page 8
2.Any power which may be exercisable under these presents by or on behalf of the lessor may from time to time be exercised by the Commissioner, or by any person whom he from time to time appoints for that purpose.
3.Service on the lessee of any notice under this lease may be effected either personally or by posting the same in a registered letter addressed to him, either at his last known place of business or abode in the colony or at the demised land.
4.The lessee, faithfully observing and performing all the covenants, conditions, and agreements on his part herein contained or implied, shall, on the expiration by effuxion of time of the term hereby granted, have the right to a renewal of the lease, or to valuation for all substantial improvements of a permanent character made or owned by him and then existing on the demised land: Provided that such right shall exist only to the extent and subject to the conditions following—that is to say,—
(1.)Not sooner than nine nor later than six months before the expiration of the said term by effuxion of time two separate valuations shall be made in manner prescribed (mutatis mutandis) by sections 79 and 80 of "The Land Act, 1892," of
(a.)All such improvements as aforesaid; and of
(b.)The annual ground-rent of the land (exclusive of such improvements as aforesaid) for a fresh term of twenty-one years.
(2.)After the making and publishing of the aforesaid valuation, which shall be effected by serving a copy thereof on the lessee and another copy on the Commissioner, but not later than one month before the date of such expiration as aforesaid, the lessee shall, by notice in writing served on the Commissioner elect whether he will accept a new lease of the demised land (including the aforesaid improvements) for a fresh term of twenty-one years, computed from the date of such expiration as aforesaid, at the annual ground-rent ascertained by valuation as aforesaid, and subject in all other respects to the same convenants and conditions as those of this present lease.
(3.)If for any reason the lessee does not duly elect in manner aforesaid to accept such new lease, or if, having duly elected, he for any reason does not execute such new lease when requested by the Commissioner so to do, his right to a new lease page 9shall be and be deemed to be abandoned, and the land shall be disposed of by lease at such time, in such manner, and subject to such conditions not inconsistent with the said Act and the regulations for the time being in force thereunder as the Commissioner thinks fit: Provided that it shall be one of the conditions of the new lease that the new lessee pays to the Commissioner the amount at which the improvements (if then existing) have been valued as aforesaid, or such less amount as the Commissioner thinks just, having regard to the extent to which such improvements have deteriorated since the date of the original valuation; and all moneys actually received by the Commissioner in respect of such valuation shall be paid over to the lessee under this present lease as soon as the Commissioner is satisfied that the new lessee has been admitted into full and quiet possession of the premises: Provided, further, that in no case shall the lessee under this present lease have any claim against the Crown or the Commissioner in respect of any such improvements, or of the value thereof, save to the extent of the moneys which are actually received as aforesaid from the new lessee, and available for payment, and which the lessee under this present lease becomes actually entitled to.

In witness whereof these presents have been executed by or on behalf of the parties hereto, the day and year first above written.

Signed, on behalf of Her Majesty the Queen, by A.B., the Commissioner, pursuant to the power in this behalf conferred upon him by "The Native Townships Act, 1895," in the presence of—

Signed by the said, sence of— in the pre-

T. H. Hamer.

Acting-Clerk of the Executive Council.

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