746
THE NEW ZEALAND GAZETTE.
[No. 20

10. Each arbitrator shall be entitled to be paid a fee of two guineas for his services for each full day and night he is absent from his residence whilst engaged upon an arbitration under the said Act: Provided that if he shall be less than one full day and night so absent, he shall be entitled to be paid a fee of two guineas for such fraction of a day.

11. If any arbitrator, whilst in the performance of his duties as such, is not necessarily absent from his residence at night-time, he shall be entitled to be paid such lesser amount than two guineas per diem as may be agreed upon between him and the person or persons appointing him.

12. Each arbitrator shall also be paid all reasonable expenses of locomotion whilst engaged upon the arbitration, or duties appertaining thereto.

13. All fees, costs, and expenses incidental to the arbitration shall be borne and paid by the lessee.

14. If required by the Commissioner, the lessee shall give security for the payment of any fees, costs, or expenses before the arbitration is commenced or made.

15. The arbitrators shall have power to grant to any witness attending the inquiry such reasonable expenses as they may determine.

16. Whenever the arbitrators meet together to mutually confer, they may at such meeting examine any witness on oath, and call upon him to give evidence concerning the subject-matter of the arbitration.

17. Each arbitrator shall have power at all times during the day to enter upon the land the subject-matter of the arbitration for the purpose of inspecting the same (with the witnesses, if necessary), and the owner, occupier, or manager thereof shall answer any question put to him by any arbitrator or witness, and generally afford all information necessary to enable a correct valuation to be made.

18. Every person who in any way obstructs or hinders any arbitrator or witness as aforesaid in the exercise of his duties, or who refuses to answer any relevant question or to afford any information in his power required for the purposes of the arbitration, shall be liable to a penalty not exceeding £10, which shall be recoverable in a summary manner before any two Justices.

19. Whilst making a valuation of the fee-simple and improvements the arbitrators shall do so in manner similar to that prescribed by section 182 of the said Act.

20. Before the lessee is entitled to acquire the fee-simple of the land the subject of arbitration, or to exchange his lease thereof for any renewed or other lease, or to receive the amount of valuation of improvements thereon, or in any manner to deal with or affect the title to the said land, he shall pay all costs, fees, and expenses specified in these regulations, and until so paid such fees, costs, or expenses shall be a charge upon the said land and entitled to be deducted from any moneys accruing therefrom and payable to the said lessee or his legal representatives.

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SCHEDULE A.
NEW ZEALAND.

Notice of Appointment of Arbitrator.

Land District of

To

TAKE notice that, in accordance with the provisions of “The Land Act, 1908,” and the regulations made thereunder, I, , Commissioner of Crown Lands for the Land District of [or lessee of the undermentioned land], do hereby appoint , of , to act as my arbitrator to determine the value of the fee-simple of, and the improvements on, Section , Block , Survey District, containing acres roods perches, and that the said has consented to act, and has made and signed the necessary declaration prescribed by regulations issued under the said Act, which said declaration is deposited in my office [or is annexed hereto].

Given under my hand, at , this day of , 19 .

A. B.,
Commissioner of Crown Lands
[or Lessee].

Witness to the signature of the above:

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SCHEDULE B.
NEW ZEALAND.

Declaration to be made by Arbitrator.

Land District of

I, , of , do hereby solemnly and sincerely declare, —

1. That I consent to act as arbitrator, under “The Land Act, 1908,” to determine the value of the fee-simple of, and improvements on, Section , Block , Survey District, containing acres roods perches.

2. That I am not concerned or interested in any way in the said land.

3. That I will faithfully, honestly, and impartially, and to the best of my skill and ability, make the valuation required of me under the provisions of “The Land Act, 1908.”

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of “The Justices of the Peace Act, 1908.”

A. B.

This declaration was made and signed in my presence, at , on this day of , 19 , before me— , a Justice of the Peace for New Zealand.

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SCHEDULE C.
NEW ZEALAND.

Notice of Appointment of Third Arbitrator under Section 187 of “The Land Act, 1908.”

To the Commissioner of Crown Lands,

We, , of , arbitrator for the Commissioner of Crown Lands, and , of , arbitrator for the lessee of Section , Block , Survey District, respectively hereby give notice that we have mutually selected and appointed , of , to act as the third arbitrator to assist in determining the value of the fee-simple of, and the improvements on, Section , Block , Survey District, containing acres roods perches, and that the said has consented to act, and has made and signed the necessary declaration prescribed by regulations issued under the said Act, which said declaration is annexed hereto.

Given under our hands, at , this day of , 19 .

, Arbitrator for Commissioner.
, Arbitrator for Lessee.

Witness to signatures:

ALEX. WILLIS,
Clerk of the Executive Council.

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Exempting Kent Street, Auckland, from the Provisions of Section 117 of “The Public Works Act, 1908.”

———

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this ninth day of March, 1909.

Present:

His Excellency the Governor in Council.

WHEREAS by subsection one of section one hundred and seventeen of “The Public Works Act, 1908,” 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 subsection two of section one hundred and seventeen of “The Public Works Act, 1908,” 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 fourteenth day of January, one thousand nine hundred and nine, the Council of the City of Auckland, the local authority having control of the street known as Kent 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 Act, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the said resolution.

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SCHEDULE.

That street in the City of Auckland, in the Auckland Land District, known as Kent Street, running between Lincoln and Norfolk Streets, in the said city, being a distance of 200 ft., more or less; as the said street is more particularly delineated on the plan marked R. 10661, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District, and thereon coloured pink.

ALEX. WILLIS,
Clerk of the Executive Council.