APRIL 16.] THE NEW ZEALAND GAZETTE. 1173

Regulations under the Rotorua Town Act, 1907.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this eleventh day of April, 1908.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by the Rotorua Town Act, 1907, provision is made for the management of the Town of Rotorua by the Department of Tourist and Health Resorts, and the said Department is in respect of the said town created a body corporate:

And whereas by section five of the said Act it is enacted that for the purposes of any Act relating to local authorities the said Department shall in respect of the said town be deemed to be a local authority, and that the provisions of any such Act shall (subject to such modifications or exceptions as the Governor by Order in Council directs) extend and apply as if the said town were a borough:

And whereas by section eight of the said Act the Governor is empowered, by Order in Council gazetted, to make regulations for the effectual carrying-out of such Act, and in particular for prescribing the mode in which and the persons by whom the powers vested in the said Department by the said Act shall be exercised:

And whereas it is by the same section enacted that by any such regulations the provisions of “The Municipal Corporations Act, 1900,” and its amendments, may be modified in their application to the Department so far as the Governor thinks necessary in order to make effectual the provisions of the Rotorua Town Act, 1907:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers conferred in that behalf by the Rotorua Town Act, 1907, and of every other power in such behalf, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the following regulations for the purposes of that Act :-

REGULATIONS.

1. Interpretation.-In these regulations, if not inconsistent with the context,-

“Department” means the Department of Tourist and Health Resorts:

“General Manager” means the General Manager of the Department:

“Minister” means the Minister in charge of the Department:

“Resident Officer” means the officer of the Department resident at Rotorua appointed to carry out the provisions of the said Act under the direction of the General Manager:

“The Municipal Corporations Act” includes “The Municipal Corporations Act, 1900,” and the Acts passed in 1902, 1903, and 1906 to amend the same, and all regulations made under any of such Acts and now in force:

“The Rotorua Act” means the Rotorua Town Act, 1907, and includes these regulations:

“The town” means the Town of Rotorua.

The headings to these regulations are inserted for the purpose only of more convenient reference, and shall not affect the interpretation thereof.

2. Interpretation of References to Corporation, Council, District Fund, Public Office, and Borough.-References in the Municipal Corporations Act or in any other Act to the things in relation to a borough mentioned in the first column below shall, in respect of the town and for the purposes of the Rotorua Act, and where applicable, be deemed to refer to the things respectively mentioned opposite thereto in the second column below, viz.:-

3. Substitution of Order by General Manager for Resolutions.-An order or direction in writing signed by the

General Manager shall be sufficient in all cases in which a resolution, or special order, or other direction or authority of the Council is necessary in a borough.

4. Power to appoint Resident Officer.-The Minister, by writing under his hand, shall appoint, and may from time to time remove and reappoint, an officer of the Department resident at Rotorua to carry out the provisions of the Rotorua Act under the direction of the General Manager.

5. Powers of Resident Officer.-All duties and powers by the Municipal Corporations Act (as hereby modified) or by any other Act (as hereby modified) imposed upon or given to the Mayor, Town Clerk, Surveyor, Inspector of Nuisances, Inspector of Buildings, Treasurer, Valuer, Collector of Rates, any officer having the collection or expenditure of money, or any other officer of a borough, shall and may, in respect of the town and for the purposes of the Rotorua Act, and so far as such duties and powers can or may be performed or exercised in respect of the town, be performed and exercised by the Resident Officer, and all references to the said borough officers respectively shall be deemed to refer to the Resident Officer.

6. Appointment of Deputy and other Officers. -The Minister, by writing under his hand, may appoint, and from time to time remove and reappoint, all such other officers and servants as he thinks necessary to assist the Resident Officer in carrying out the provisions of the Rotorua Act, and may appoint any such officer to be a deputy officer in respect of any of the duties and powers exercisable by the Resident Officer, with the like duties and powers.

7. Medical Officer.-The Minister may, if he thinks fit, from time to time, by writing under his hand, appoint, remove, and reappoint a duly qualified medical practitioner as medical officer of the town for the purposes of the Rotorua Act, with such duties as he prescribes.

8. Acting Officers.-The Minister may, by writing under his hand, from time to time temporarily appoint any officer to act for the General Manager, or Resident Officer, or any other officer, during his absence, or illness, or otherwise.

9. Appointments to be gazetted.-Every appointment and removal of an officer or acting officer shall be gazetted.

10. Resident Officer to act under General Manager, and other Officers under Resident Officer.-The Resident Officer shall exercise his duties and powers under the direction of the General Manager, and every deputy and other officer, and every servant, shall exercise his duties and powers under the general direction of the Resident Officer: Provided that the Resident Officer and every deputy shall use his own discretion in exercising in any particular case any duty or power attached to any office created by statute or by these or any other regulations: Provided further that no person having or intending to have any transaction with the Resident Officer or any such deputy officer shall be concerned to inquire whether he is acting with respect thereto under such direction as aforesaid, and no transaction or document shall as regards any such person be invalid by reason of the Resident Officer or any such deputy officer having acted without or contrary to such direction.

11. Salaries.-The Department may, out of moneys for the time being in the Rotorua Town Account, pay to the officers and servants appointed under the Rotorua Act such salaries or wages and allowances as the Minister thinks fit.

12. Common Seal; Execution of Deeds.-(1.) The common seal of the Department (as the Corporation constituted by the Rotorua Act) shall be in the custody of the General Manager, and shall be kept by him at the Head Office of the Department in the City of Wellington.

(2.) Deeds, conveyances, and leases which could be executed by a Borough Corporation shall be sufficiently authenticated if executed under the common seal of the Department, attested by the General Manager, or an officer acting for him, and signed by the Minister.

(3.) The following forms of attestation may be used:-

The common seal of the Department of Tourist and Health Resorts (as the Corporation constituted by the Rotorua Town Act, 1907) was affixed to the above-written [deed] in the presence of-

A. B.,
[Acting] General Manager.

The above-written [deed] was signed by the Hon. , the Minister in charge of the Department of Tourist and Health Resorts, in the presence of-

C. D.
Address:
Occupation:

13. Execution of certain other Documents.-Warrants, appointments, orders, and notices requiring the signature of a Mayor, a Councillor or Councillors, or a Town Clerk, surveyor, or other officer, shall be sufficiently authenticated if signed by the Resident Officer, and need not be under seal.

14. Officer to appear in Court.-(1.) In all proceedings in which the Department is concerned for the purposes of the