Whereas lease-land within the meaning of the Rock Oyster Farming Act 1964 (hereinafter referred to as the said Act) is vested in Her Majesty the Queen (or the [name] Harbour Board) (or [name of local authority]) (hereinafter referred to as the Lessor)
And whereas [full name, occupation, and address] in New Zealand has duly applied under the provisions of the said Act to the Secretary for Marine (hereinafter referred to as the Secretary) (or to the [name] Harbour Board) (or to [name of local authority]) for a lease of lease-land hereinafter described for the purpose of developing an oyster farm for the cultivation of rock oysters
And whereas all things required by law have been done to enable a lease of the land to be duly granted
And whereas the Minister of Marine (hereinafter referred to as the Minister) (or, as the case may be) is empowered under the said Act to grant a lease of the land
Now therefore in pursuance of the provisions of the said Act the Lessor
Hereby leases to the said [full name] (who with his executors, administrators, and permitted assigns is hereinafter referred to as the Lessee)
All that piece or parcel of lease-land containing [number] hectares more or less and situated in [specify] and as delineated in the plan recorded in the Marine Department at Wellington and numbered MD [specify] (or such fuller description as may be necessary where registration in the Land Registry Office is intended) (hereinafter referred to as the leased area)
And grants to the Lessee the exclusive right during the currency of this lease of laving and planting rock oysters on structures erected in the leased area and of taking rock oysters from those structures
To hold the leased area as an oyster farm for the term of [number] years commencing on [date]
But subject always to the provisions of the said Act and any regulations thereunder and to the reservations, exceptions, conditions, and provisions herein contained
Yielding and paying therefor as hereinafter mentioned the yearly rent of [number] pounds [number] shillings [number] pence together with any royalty payable pursuant to the said Act
And it is hereby declared that all conditions and provisions contained in the said Act and any regulations thereunder are, so far as the same are applicable, embodied and incorporated in these presents as covenants, conditions, and provisions of the lease hereby expressed to be granted
And it is hereby further expressly declared as follows:
2 That the Lessee will utilise and cultivate in a proper manner the leased area as an oyster farm and in accordance with the said Act or any regulations, notices, or requirements made or issued pursuant thereto.
3 That the lessee shall, subject to and in accordance with the provisions of the said Act and any regulations thereunder, mark and keep marked the boundaries of the leased land, any way or ways of access duly determined by the Minister or required herein, and any navigational marks required to be erected and maintained until released by the Minister from such obligation.
4 That the Lessee shall take such steps as may be necessary to keep the leased area free from disease, contamination, or the possibility of contamination as may be within his resources or as may be required by the Minister or the Secretary (the Lessor) in the exercise of their powers under the said Act and any regulations thereunder.
6 That the Lessee will permit the lawful occupier of any land upon which the leased area abuts to pass and repass from and to that land (where a way of access has been defined under the Rock Oyster Farming Regulations l964, add by means of a way of access defined pursuant to regulations under the said Act).
12 That the Lessee will permit and facilitate free ingress, passage, and egress to the Secretary and any person designated by the Secretary (or any person designated by the Lessor) and all other persons acting in the execution of their duty in pursuance of any enactment, through, over, and out of the leased area.
That there is reserved to the Lessor the right to grant to the owner or lawful occupier of land abutting on the leased area or separated therefrom merely by the foreshore or by the foreshore reserve contiguous with that area authority to erect under licence on that part of the foreshore adjoining or opposite that land boatsheds, landing places, wharves, stores, freezing works, cool chambers, and bathing sheds of such kinds as may be permitted under any enactment and upon the issue of such a licence the Lessee will allow the aforesaid structures to be erected, used, repaired, and renewed by the said owner or occupier and his tenants, servants, and agents and the Lessee shall not be entitled to any compensation or diminution of rental by reason of the erection, use, repair, and renewal of any such structure.
That nothing in this lease expressed or implied shall abridge or in any way curtail or affect the reclamation rights conferred by any enactment on the Lessor nor the right of the Lessor to carry out public works upon the area leased or in its immediate vicinity and the Lessee shall not be entitled to any compensation in respect thereof.
[To be omitted in the case of a renewal lease] That subject to the leased area not being required for any public purpose and subject to a revaluation of the rental hereinbefore prescribed the Lessee shall if he so requires on the expiration of the said period of [number] years be entitled to a renewal of this lease for a further period of [number] years from the date of expiry of the lease.
Provided always that should the leased area be required for protective works or any other harbour works the Lessor may at any time determine this demise by 3 calendar months' notice in writing to the Lessee and on the expiration of that notice the tenancy hereby created shall determine and the Lessee shall have no claim against the Lessor for compensation on any account whatsoever by reason of that determination other than a claim for refund of a proportionate part of any rent paid in advance prior to that determination and it is hereby declared that in the event of a determination as aforesaid the Lessor will give preference to the Lessee to a lease of any similar area of lease-land which may at the time of the determination be available for acquisition.
Provided always that these presents are upon this express condition that if and whenever the rent hereby reserved or any royalties payable by the Lessee or any part thereof are not paid as hereinbefore provided or there is a breach or non-observance by the Lessee of any other condition or provision herein expressed or implied and on the part of the Lessee to be observed or performed the Lessor may, by notice published in the Gazette, cancel and forfeit this lease and upon the publication of the notice these presents shall become of no effect and the term hereby granted shall absolutely cease and determine but without releasing the Lessee from liability in respect of the breach, non-observance, or non-performance of any condition or provision herein expressed or implied.
Provided further and it is hereby declared that such of the provisions and conditions of this lease as require or prescribe any act or thing to be done or not to be done by the Lessee shall, in addition to being read and construed as conditions of this lease, be also read and construed as covenants by the Lessee with the Lessor and Her (its) successors to observe and perform the said provisions and conditions.
The term Minister when herein used shall include the Minister of Marine for the time being or other Minister of the Crown for the time being charged with the administration of the said Act and the term Secretary shall include the person so defined in the said Act and a person who by the provisions of the Shipping and Seamen Act 1952 is for the time being his appointed deputy.
The Lessee the said [full name] hereby accepts this lease of the above-described lands to be held by him as tenant and subject to the conditions, restrictions, and covenants above set forth.
Signed by the Honourable [name] Minister of Marine for and on behalf of Her Majesty the Queen, as Lessor; in the presence of [name] (or, as the case may be in the case of a Harbour Board or local authority) [name].
Signed by the said [name] as Lessee in the presence of [name].
Schedule form 3: amended, on 25 July 1975, by regulation 2(1) of the Rock Oyster Farming Regulations 1964, Amendment No 2 (SR 1975/192).