1954
THE NEW ZEALAND GAZETTE.
[No. 57

Exempting Turner Street, in the City of Auckland, from the Provisions of Section 117 of “The Public Works Act, 1905.”

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fourteenth day of July, 1908.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by subsection one of section one hundred and seventeen of “The Public Works Act, 1905,” it is, inter alia, provided that the said section shall not apply in any case where the local authority having control of a road or street by resolution declares that the provisions thereof shall not apply to any specified road or street, or any specified part thereof, and such resolution is approved by the Governor in Council:

And whereas by section three of “The Public Works Act Amendment Act, 1906,” it is provided that such approval may be either absolute or subject to such conditions as the Governor by Order in Council thinks fit to impose:

And whereas on the twenty-fourth day of October, one thousand nine hundred and seven, the Council of the City of Auckland, the local authority having control of the street known as Turner Street, being the street described in the Schedule hereto, did by resolution declare that the provisions of the said section one hundred and seventeen should not apply to the said street:

And whereas it is deemed expedient that such resolution should be approved:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and in exercise of the powers conferred by the above-in-part-recited Acts, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the said resolution.

SCHEDULE.

ALL that street in the City of Auckland, in the Auckland Land District, situated between Upper Queen Street and Liverpool Street in the said city, being a distance of about 6⅔ chains; as the said street is more particularly delineated on the plan marked R. 9373, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District, and thereon coloured sienna.

J. F. ANDREWS,
Acting Clerk of the Executive Council.

Warrant vesting Control of the Ferry Bridge over the Heathcote River on the Road from Christchurch to Sumner in the Woolston Borough Council, and apportioning the Cost of Maintaining the same between the Christchurch Tramway Board, the Christchurch City Council, the Sumner Borough Council, and the Heathcote Road Board.

PLUNKET, Governor.

WHEREAS by section one hundred and nineteen of “The Public Works Act, 1905” (hereinafter called “the said Act”), it is, inter alia, enacted that the Governor may, by Warrant under his hand publicly notified and gazetted, direct that any bridge already constructed, or which may hereafter be constructed, over or across any river or arm of the sea respectively shall, from and after the date to be fixed in such Warrant, be under the exclusive care, control, and management of such local authority as shall be mentioned in that behalf in such Warrant; and may by any such Warrant as aforesaid fix and determine whether all or any, and if so what part, of the cost, whether theretofore incurred or thereafter to be incurred, of maintaining, repairing, improving, or reconstructing any such bridge is to be provided and paid by the local authority or local authorities, and, if so, by what local authority or authorities; and may by any such Warrant as aforesaid direct how, when, and to whom any such payment is to be made:

And whereas by the said section one hundred and nineteen it is, inter alia, provided that the Governor may, with a view of determining what proportion (if any) of the cost of maintaining any work should be borne by any local authority or local authorities, direct any Magistrate or other person to be a Commissioner to inquire and report to him upon any matter which he shall deem necessary to enable him to determine any such question aforesaid:

And whereas a Commissioner was appointed for the purpose aforesaid, and an inquiry duly held:

And whereas such Commissioner did report to the Governor, after due inquiry, his opinion thereon:

And whereas the Governor is of opinion that it is equitable that the cost of maintaining the bridge and approaches thereto mentioned in the Schedule hereto shall be provided and paid in the manner and in the proportions hereinafter respectively set forth:

Now, therefore, I, William Lee, Baron Plunket, the Governor of the Dominion of New Zealand, in pursuance and in exercise of the power and authority vested in me by the said Act, and of all other powers and authorities in anywise enabling me in this behalf, do hereby direct that the bridge known as the Ferry Bridge over the Heathcote River on the road from Christchurch to Sumner, together with the approaches thereto, as described in the Schedule hereto (and hereinafter referred to as “the said bridge”), shall, from and after the date of this Warrant, be under the exclusive care and control and management of the Woolston Borough Council; and, in further pursuance and exercise of the aforesaid powers and authorities, I do hereby fix and determine that the cost of maintaining, repairing, improving, or reconstructing the said bridge, with the approaches thereto, shall be borne by the Christchurch Tramway Board in the proportion of thirty per centum of the cost, by the Christchurch City Council in the proportion of eleven decimal sixty-five per centum of the said cost, and by the Sumner Borough Council, the Heathcote Road Board, and the Woolston Borough Council in the proportion of nineteen decimal forty-five per centum of the said cost respectively.

And I do also further direct that any contribution hereby required to be made as aforesaid by the Christchurch Tramway Board, the Christchurch City Council, the Sumner Borough Council, and the Heathcote Road Board shall be paid from time to time in the proportions hereinbefore prescribed out of the funds of the said Boards and counties, within a period of thirty days after demand in writing made by or on behalf of the Council of the Borough of Woolston, and such payments shall be made from time to time to the Clerk of that Council for and on account of such Council.

SCHEDULE.

THAT bridge over the Heathcote River on the road from Christchurch to Sumner, in the Land District of Canterbury, together with approaches thereto; as the site of the same is more particularly delineated on the plan marked R. 2397, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District.

As witness the hand of His Excellency the Governor, this fourteenth day of July, one thousand nine hundred and eight.

JAMES McGOWAN,
Minister in Charge of Roads Department.

Removing Restrictions against Alienation of Native Land.

PLUNKET, Governor.

WHEREAS by section fourteen of “The Maori Land Laws Amendment Act, 1903,” it is enacted that, notwithstanding anything to the contrary in any Act, or in any Crown grant or other instrument of title, the Governor may, on the recommendation of the Board, remove any restriction on the alienation of land owned by Maoris: Provided that the decision of the Governor on any recommendation of the Board shall be given within six months from the date of the receipt of such recommendation:

And whereas the Aotea District Maori Land Board, by a recommendation made and passed by the said Board on the twenty-sixth day of May, one thousand nine hundred and eight, and received on the eighth day of June, one thousand nine hundred and eight, recommended the Governor to remove and revoke the restrictions against alienation contained in the instrument of title of the block of land particularised and set out in the Schedule hereto, so far as to permit the same to be mortgaged to the Government Advances to Settlers Office:

Now, therefore, I, William Lee, Baron Plunket, the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers conferred upon and vested in me by the said Act, and of all other powers and authorities me thereunto enabling, and in accordance with the recommendation of the Aotea District Maori Land Board aforesaid, do hereby remove and revoke the restrictions now existing against the alienation of the said land, so far as to permit the same to be mortgaged as aforesaid.