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As the judgment of the Court differed from the meaning that had hitherto been attached to the Land Act, 1892, the original intention of the Government was given effect to by the passing of section 6 of the Land Laws Amendment Act, 1918, which interpreted the meanings of section 182 of the Land Act, 18*92, and section 21.8 of the Land Act, 1908; whilst section 7 of the Act of 1918 made the provisions of section 28 of the Land Laws Amendment Act, 1912, applicable to the leasing of small grazing-runs granted under the Land Act, 1892. The provisions of section 6 .aforesaid are as follows: — " Whereas by section one hundred and eighty-two of the Land Act, 1892 (relative to the renewal of leases of small grazing-runs under that Act), provision is made whereby a lessee is entitled, on the termination of his lease, to obtain a new lease of the lands comprised therein at a rental equal to not less than two and a half per centum of the value of the fee-simple, less the value of improvements, as determined by a valuation to be made in pursuance of that section (such value being hereinafter in this section referred to as the unimproved value) : And whereas bj section two hundred and eighteen of the Land Act, 1908, the same provision is made with respect to the renewal of leases of small grazing-runs under that Act : And whereas the effect of the said sections has recently been judicially determined in certain proceedings instituted in the Supreme Court by the Honourable Hugh St. Leger against His Majesty's Attorney-General relative to the renewal of a lease of the small grazing-run No. 35 in the Hawke's Bay Land District : And whereas the effect of the said sections as so determined is contrary to the true intent of the Legislature and to the public interest : Be it therefore enacted as follows: — "(1.) It is hereby declared that by virtue of section one hundred and eighty-two of the Land- Act, 1892, and by virtue of section two hundred and eighteen of the Land Act, 1908, the Land Board, on offering a renewed lease of a small grazing-run, has and at all times since the commencement of each of those Acts respectively has had the exclusive power and right (subject to the provisions of those sections as to arbitration) to determine the proportion which the annual rent under the new lease shall bear to the unimproved value of the land comprised in that lease, such proportion being in no case less than two and a half per centum of that value. " (2.) It, is hereby further declared that the term ' valuations ' where last appearing in section one hundred and eighty-two of the Land Act, 1892, and in section two hundred and eighteen of the Land Act, 1908, includes and at all times since the commencement of each of those Acts respectively has included not only the valuations of the land and of the improvements thereon as provided by those sections, but also the determination by the Land Board of the proportion hereinbefore referred- to. " (3.) Nothing in this 'section shall affect the judicial determination hereinbefore recited in its application to the renewal of the lease in respect of which the hereinbeforerecited proceedings were instituted." D. H. Guthrie, Minister of Lands.
Approximate Cost of Paper. —Preparation, not given,* printing (1,000 copies), £3 10s.
Authority : Marcus F. Marks, Government Printer, Wellington.—l9l9.
Prict 3d.]
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