24
THE NEW ZEALAND GAZETTE.
[No. 3

Warrant vesting Control of the Mangatainoka Bridge in the Pahiatua Borough Council, and apportioning the Cost of Maintenance of the same between the Pahiatua Borough Council and the Pahiatua County Council.

PLUNKET, Governor.

WHEREAS by section one hundred and twenty of “The Public Works Act, 1908” (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 a 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 may by any such Warrant as aforesaid direct how, when, and to whom any such payment is to be made:

And whereas it is expedient that provision should be made under the hereinbefore-in-part-recited Act for the purposes hereinafter mentioned:

Now, therefore, I, William Lee, Baron Plunket, the Governor of the Dominion of New Zealand, in exercise and in pursuance of the powers and authorities in me vested by the said Act, and of every other power and authority in anywise enabling me in this behalf, do hereby direct that the bridge mentioned in the Schedule hereto and known as the Mangatainoka Bridge (hereinafter called “the said bridge”), together with the protective works for a distance of ten chains both above and below the said bridge (and which protective works are hereby declared and defined to be part of the said bridge), shall, from and after the date of this Warrant, be under the exclusive care, control, and management of the Pahiatua Borough Council; and, in further pursuance and exercise of the powers aforesaid, I do hereby fix and determine that the cost of maintaining, repairing, or improving the said bridge, and of all protective works as aforesaid, is to be provided and paid by the local authorities hereinafter mentioned in the following proportions, in terms of an agreement entered into between the Pahiatua County Council and the Pahiatua Borough Council, and dated the eleventh day of August, one thousand nine hundred and eight, viz.: The Borough Council of Pahiatua to pay sixty per centum and the Pahiatua County Council to pay forty per centum of such cost respectively.

And I do also hereby direct that the contribution hereby required to be made as aforesaid by the Pahiatua County Council towards the cost of maintaining, repairing, or improving the said bridge, and of all protective works, shall be paid from time to time, in the proportion hereinbefore prescribed and agreed upon, by the County of Pahiatua out of the county fund of the said County of Pahiatua, within a period of three months after a demand in writing made by or on behalf of the Borough Council of Pahiatua, stating the amount so required to be paid and the purpose for which it is required, shall have been left at the office of the Pahiatua County Council, and the payments so required to be made shall be made from time to time to the Clerk of the Pahiatua Borough Council for and on behalf of the County Council of Pahiatua.

And I do hereby cancel and revoke the Warrant dated the second day of October, one thousand nine hundred and eight, vesting the control of and apportioning the cost of maintaining the said bridge, published in the New Zealand Gazette No. 76, of the eighth day of October, one thousand nine hundred and eight.

SCHEDULE.

THAT bridge over the Mangatainoka River known as the Mangatainoka Bridge, together with the protective works within a distance of 10 chains both above and below the said bridge, situated on the Mangahao Road; as the site of the said bridge is delineated on the plan marked R. 965, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District, and thereon marked in red.

As witness the hand of His Excellency the Governor, this twenty-first day of December, one thousand nine hundred and eight.

JAMES McGOWAN,
Minister in Charge of Roads Department.

Warrant authorising the Whakatane County Council to construct a Bridge over the Whakatane River on the Main Road between Opotiki and Rotorua near the Town of Whakatane, and apportioning the Cost.

PLUNKET, Governor.

WHEREAS by section one hundred and nineteen of “The Public Works Act, 1908” (hereinafter termed “the said Act”), it is, inter alia, enacted that in any case where the local authority of any district desires to construct a bridge, or to establish a ferry or ford, in any position that will, in its opinion, be of advantage or benefit to the whole or any considerable portion of the inhabitants of an adjacent district, as well as to the inhabitants of its own district, and where it is, in the opinion of such local authority, reasonable that the local authority of such adjacent district should contribute to the cost of constructing or establishing the said bridge, ferry, or ford, the provisions of the said section shall have effect:

And whereas by section four of “The Public Works Act Amendment Act, 1908,” it is provided, inter alia, that if the Governor is of opinion that such work should be done he may, if he thinks fit, by Warrant under his hand publicly notified and gazetted, authorise any local authority to execute such work either as originally proposed or with such alterations as are agreed on between the local authorities concerned:

And whereas the Whakatane County Council has given notice and taken the steps required by the said Act, and has made application to the Governor to authorise the construction of the bridge mentioned in the Schedule hereto, and hereinafter referred to as “the said bridge,” and to apportion the cost of constructing and establishing the said bridge between the said Council and the Opotiki County Council:

And whereas since such notice has been given and steps have been taken it has been agreed between the Councils of the Counties of Whakatane and Opotiki that the design of the bridge should be altered by departing from the original specifications submitted, by erecting the said bridge in ferro-concrete in place of wood, and by increasing the width of the said bridge to fifteen feet two inches:

And whereas I am of opinion that the work as altered should be done, and it is expedient to make provision under the said Act for the purposes and in the manner hereinafter set forth:

Now, therefore, I, William Lee, Baron Plunket, the Governor of the Dominion of New Zealand, in pursuance and in exercise of the powers vested in me by the said Acts, and of all other powers and authorities in anywise enabling me in this behalf, do hereby authorise the Council of the County of Whakatane to execute the work as altered aforesaid; and I do hereby declare that the cost thereof, less such contribution as may be made thereto (if any) by the Government of New Zealand, shall be borne by the Council of the County of Whakatane and the Council of the County of Opotiki in the following proportions, viz.: The Council of the County of Whakatane to bear ninety per centum of such cost, and the Council of the County of Opotiki to bear ten per centum of such cost.

And I do hereby also further direct that any contribution hereby required to be made as aforesaid by the County Council of Opotiki shall be paid from time to time respectively in the proportion hereinbefore prescribed out of the funds of the said county, within a period of thirty days after demand in writing made by or on behalf of the Whakatane County Council, and all such payments shall be made from time to time to the Clerk of the said County Council for and on behalf of such County Council.

And I do hereby cancel and annul the Warrant dated the twenty-fifth day of August, one thousand nine hundred and eight, authorising the Whakatane County Council to construct a bridge over the Whakatane River near the Town of Whakatane, and apportioning the cost, in terms of section one hundred and eighteen of “The Public Works Act, 1908.”

SCHEDULE.

THAT bridge over the Whakatane River on the main road between Opotiki and Rotorua near the Town of Whakatane, and known as the Whakatane Bridge, including such protective works as may be necessary for the safety of the said bridge, and including also the approaches to the said bridge for a distance of 2 chains at each end of the bridge; as the site of the said bridge is more particularly delineated on the plan marked R. 559, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District, and thereon shown in red colour.

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

JAMES McGOWAN,
Minister in Charge of Roads Department.