APRIL 15.] THE NEW ZEALAND GAZETTE. 1113

And whereas a Commissioner was appointed and an inquiry was held in the manner provided by the said Act in respect of the said work, and in respect also to the apportionment of the cost of constructing the said work:

And whereas such Commissioner did report to the Governor, after due inquiry, his opinion as to the matters respecting which he was appointed to report, and recommended that instead of the work originally proposed the following work be carried out, namely: (1) The grade of the Great North Road on the hill near Avondale between Oakley Creek and Meola Creek be lowered from one in sixteen to one in eighteen for a width sufficient to enable the road to be metalled twenty-four feet in width and side-channelled; (2) the stone foundation on the balance of the road between Oakley Creek and Meola Creek be widened to twenty-four feet; (3) the road between Meola Creek and Oakley Creek be metalled twenty-four feet wide and six inches deep, such metal to be blinde d and rolled; (4) the spoil from the lowering of the road be placed where required at the side of the metal, to reduce the camber where it is excessive or dangerous: And whereas I am of opinion that the work as recommended should be done, and it is expedient to make provision under the said Act for the purpose and in the manner hereinafter set forth:

Now, therefore, I, Arthur William de Brito Savile, Earl of Liverpool, the Governor of the Dominion of New Zealand, in pursuance and in exercise of the powers vested in me by the said Act, and of all other powers and authorities in anywise enabling me in this behalf, do hereby authorize the Point Chevalier Road Board to execute the work as recommended by the Commissioner; and I do hereby declare that the cost thereof, not exceeding £2,500, less such contribution as may be made thereto (if any) by the Government of New Zealand, shall be borne by the Point Chevalier Road Board, the Auckland City Council, the Avondale Road Board, the Mount Albert Borough Council, the Waitemata County Council, and the New Lynn Town Board in the following proportions, viz.: The Point Chevalier Road Board to bear fifty-five and a half per centum, the Auckland City Council to bear twenty-five per centum, the Avondale Road Board to bear thirteen per centum, the Mount Albert Borough Council to bear two and a half per centum, the Waitemata County Council to bear two and a half per centum, and the New Lynn Town Board to bear one and a half per centum of such cost respectively.

And I do hereby direct that any contribution hereby required to be made as aforesaid by the Auckland City Council, the Avondale Road Board, the Mount Albert Borough Council, the Waitemata County Council, and the New Lynn Town Board shall be paid from time to time in the proportions hereinbefore prescribed, out of the funds of the said Councils and Boards, within a period of one month after a demand in writing made by or on behalf of the Point Chevalier Road Board, and such payments shall be made from time to time to the Clerk of the Point Chevalier Road Board for and on account of the said Councils and Boards.

———

SCHEDULE.

ALL that portion of road in the Point Chevalier Road District, Auckland Land District, between Meola Creek and Oakley Creek, being a distance of 68 chains, more or less; as the said portion of road is more particularly delineated on the plan marked P.W.D. 35465, deposited in the office of the Minister of Public Works at Wellington, in the Wellington Provincial District, and thereon coloured red.

As witness the hand of His Excellency the Governor, this seventh day of April, one thousand nine hundred and fifteen.

W. FRASER,
Minister of Public Works.

———

Warrant vesting Control of Part of the Great North Road in the Point Chevalier Road Board, and apportioning the Cost of maintaining Portions of the Great North Road in and on the Boundary of the Point Chevalier Road District.

———

LIVERPOOL, Governor.

WHEREAS by section one hundred and nine of the Public Works Act, 1908 (hereinafter termed “the said Act”), it is provided that in any case where a road in one district is largely used by or for the purpose of traffic to or from any other district or districts, and affords access to or from such districts, and the Governor is of opinion that it is equitable that the latter district or districts should contribute towards the cost of constructing or maintaining the whole or any portion of such road in the former district, the Governor may from time to time apportion the cost of constructing or maintaining the whole or any portion of such road among the local authorities of the respective districts as he thinks fit; and for that purpose, and to enable effect to be given thereto, the provisions of section one hundred and nineteen thereof shall, mutatis mutandis, apply in the case of the construction or reconstruction of the road, and the provisions of section one hundred and twenty thereof in the case of the maintenance of the road:

And whereas a dispute has arisen between the local authorities hereinafter mentioned on the question of the maintenance of the portions of road described in the Schedule hereto, hereinafter referred to as “the said portions of road”: And whereas by the said section one hundred and twenty 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, direct any Magistrate or other person to be a Commissioner to inquire into and report to him upon any matter which he deems necessary to enable him to determine any such question as aforesaid:

And whereas by section twelve of the Public Works Amendment Act, 1909 (hereinafter termed “the Amendment Act”), it is provided that where a road or street lies along the boundary of two or more districts, whether that road or street is wholly within one or is partly within one and is partly within another of those districts, or is within none of those districts, the Governor may from time to time, by Warrant under his hand and gazetted, direct which of the local authorities of those districts shall have control of the road or street or any part thereof; and may also in like manner determine from time to time whether any of those local authorities shall contribute to the cost of construction or maintenance of that road or street, and, if so, in what proportions:

And whereas the portion of road firstly described in the Schedule hereto forms part of the boundary between the Point Chevalier Road District and the City of Auckland:

And whereas a dispute has arisen as to which local authority shall have control of the said portion of road, and what proportion of the cost of maintaining such portion of road should be borne by the local authorities affected:

And whereas a Commissioner was appointed for all of the purposes aforesaid, and an inquiry was 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 the portion of road firstly described in the Schedule hereto should be controlled as hereinafter directed, and that it is equitable that the cost of maintaining the said portions of road should be provided and paid in the manner and in the proportions hereinafter set forth:

Now, therefore, I, Arthur William de Brito Savile, Earl of Liverpool, the Governor of the Dominion of New Zealand, in pursuance and exercise of the power and authority vested in me by the said Act and the Amendment Act, and of all other powers in anywise enabling me in this behalf, do hereby direct that, from and after the date of the gazetting of this Warrant, the portion of road firstly described in the Schedule hereto shall be under the control of the Point Chevalier Road Board; and, in further pursuance and exercise of the aforesaid powers and authorities, I do hereby fix and determine that the cost of maintaining the said portions of road shall be provided and paid as follows, viz.: The Point Chevalier Road Board to pay fifty-five and a half per centum, the Auckland City Council to pay twenty-five per centum, the Avondale Road Board to pay thirteen per centum, the Mount Albert Borough Council to pay two and a half per centum, the Waitemata County Council to pay two and a half per centum, and the New Lynn Town Board to pay one and a half per centum of such cost respectively:

And I do hereby direct that any contributions hereby required to be made as aforesaid by the Auckland City Council, the Avondale Road Board, the Mount Albert Borough Council, the Waitemata County Council, and the New Lynn Town Board shall be paid from time to time, out of the funds of the said Councils and Boards, within a period of one month after demand in writing made by or on behalf of the Point Chevalier Road Board; and such payments shall be made from time to time to the Clerk of the said Road Board for and on account of such Councils and Boards.

———

SCHEDULE.

ALL that portion of the Great North Road in the Point Chevalier Road District, Auckland Land District, situated on the boundary between the City of Auckland and the Point Chevalier Road District, commencing at the Western Springs Road corner and running in a north-easterly direction for a distance of 15 chains, more or less, to the junction of the old Great North Road with the Great North Road.

Also all that portion of the Great North Road in the Point Chevalier Road District, Auckland Land District, commence-