WEST COAST SETTLEMENT RESERVES.
.STATITOUY I'JiOTKCTION OF f.UJ.'KOVKMK.NTH KHI'I.V TO I'AK.UIiKS' U.MOX. Wu arc iiiilcbtcvl to .Mr \\\ ||. ,j iU k, Kcsorvc* Agent, for tlif i'ollowiiijr «■-' I'l.* tu tin; i , 'ai , iin'rs' l iiion CuiilViviK-.-on the above subject: "The discussion at lhe Fanners' I nj. oa Conference on tile >ui>ject of these leases adversely reflected on Wieir terms. Lest the statements made should tenl to prejudice persons in search of'land against taking up .sections now open for leaaing on that tenure, I wish in the interests of the-Trust I represent to ; point out the fallacy of many of there /statements.
There appears to be a good deal ot ! misconception, real and imaginary, even | among-t the lessees, as to what the terms of the leases aciimllv are. Perhaps, I hen, I may be permitted to explain. Eo:isea under the Act of 18»2 for 21 years, perpetually renewable, at a reassessment of rent everv 21 veal's. That reassessment of rent is made in this way (vide section ,ji> of the Aci) : Sot sooner than three years and six months, and not later than one ye.ir before the end ot the term for which the lease is granted, a valuation shall he made by arbitration of the then value of the fee-simple of the land, and also a valuation of all ''substantial improvements of a permanent character" made by the lessee during the term anil then in existence on the land. After the making of this award . . . the lessee f-lnH elect. . whether lie shall accept a fresh lease of the land for a further term of 21 years at a rent il equal to five pounds per centum per annum on the gross value of the lands after deducting therefrom the value of the substantial improvemnts of a permanent character as fixed by arbitration. The provisions respecting arbitration are (vide section 3D of the Act):— Where it is provided or agreed that any matter arising under this Act shall be referred to arbitration then such reference shall be to out? or more arbitrators appointed by the parties on each side respectively, and an umpire to ho appointed by such arbitrators. What comprises" "substantial improvements of a permanent character" is defined in the lcafecs. T tiius:—/ The term "substantial improvements of a permanent character" mean and include reclamation of swamps, clearing of bush, gorse, broom, sweet-briar, or scrub; cultivation,. planting with trees or live lodges, the laying-out and cultivating of gardens, fencing, draining, making roads, sinking wells or water-tanks, constructing water-races, sheep-dips, m-ik-embankments or protective works of any kind, in any way improving the charaetev and fertility of the soil, or the erection 'of any building. These provisions clearly show that the lessee has as much voice in the 1 fixing of the rent at the renewal periods as the lessor has. The Government, valuation is not a factor in the case, and all 'lessees' improvements are fully pro* , tooted.
Leases issued under the. old Act of 1881 give no pre-emptive right of renewal; but lessees' improvements are protected when the lands are submitted to competition. A right to convert these leases to the more favorable tenure under the Act of 1892 was given to the lessees by Statute. Some of them availed themselves of the option; others did not. But all were made aware of their right, which has expired. Presumably they had rensons for not converting when they liad the opportunity. With regard to the statement that the Government has broken its contracts with the lessees, X cannot understand what is meant, the Government not being a party to the contract ss . If the contracts have been broken Jiy the lessor (who is the Public Trustee), it would be interesting to hoar when and how."
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Taranaki Daily News, Volume L, Issue 59, 20 May 1907, Page 2
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622WEST COAST SETTLEMENT RESERVES. Taranaki Daily News, Volume L, Issue 59, 20 May 1907, Page 2
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