No. 84. 2363

SUPPLEMENT
TO THE
NEW ZEALAND GAZETTE
OF
THURSDAY, SEPTEMBER 15, 1921.
Published by Authority.

WELLINGTON, FRIDAY, SEPTEMBER 16, 1921.

Extending Period within which Tongariro Timber Company (Limited) shall be required to complete Construction of Railway, and imposing Conditions with respect thereto.

JELLICOE, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 12th day of September, 1921.

Present :

His Excellency the Governor-General in Council.

WHEREAS the Tongariro Timber Company (Limited), (hereinafter called “the said company”), has, under and in pursuance of the provisions of section thirty-seven of the Maori Land Laws Amendment Act, 1908, certain rights under agreements with the Aotea District Maori Land Board (hereinafter called “the said Board”) with respect to the lands described in such agreements and the timber thereon, and is under obligations to the said Board (inter alia) to construct a railway (hereinafter called “the said railway”) within a certain period as set forth in the said agreements :

And whereas by subsection two of section nineteen of the Native Land Amendment and Native Land Claims Adjustment Act, 1915, it is provided that the period within which the said company is bound to complete the said railway may be extended from time to time for such period or periods as the Governor-General may by Order in Council determine :

And whereas the said company has made application for an extension of time within which to construct the said railway, and it is deemed expedient to extend the period within which the said railway must be completed, subject, however, to the conditions and provisions hereinafter contained :

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance and exercise of the power and authority conferred on him by section nineteen of the Native Land Amendment and Native Land Claims Adjustment Act, 1915, and of every other power and authority enabling him in that behalf, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby conditionally extend the period within which the said company is bound to complete the construction of the said railway for a total period of seven years from the date of this Order in Council, provided that the following sections of the said railway shall be severally and successively completed within the following periods—that is to say, starting from 0 miles at Kakahi, from 0 miles to five (5) miles within two years, from five (5) miles to nine (9) miles within three years, from nine (9) miles to eighteen (18) miles within four years, and the balance from eighteen (18) miles to Lake Taupo within the said seven years, in each case from the date hereof; and doth hereby declare that such extension of the period for completion shall be subject to the following conditions and provisions :—

1. The construction of the said railway upon the line laid out by the Engineer to the said company and according to the specifications prepared by that Engineer, and lodged with the Department of Public Works and initialled by R. W. Holmes, late Engineer-in-Chief, except that the rails shall be not less than 45 lb. steel rails, is agreed to, but on the following conditions :—

(a.) The question whether and to what extent widening of or deviations from that line are necessary for the proper use of the line by Government engines and rolling-stock is to be in the absolute determination of the Government Railway Engineers.

(b.) The said company shall, within twelve years from the date of this Order in Council, so reconstruct the whole line as to bring it up to the standard of the Government lines in accordance with the requirements of the General Manager of Railways, as defined in the memorandum of the General Manager of Railways to the Commissioner of State Forests dated the thirtieth day of March, one thousand nine hundred and twenty-one, especially as to bridges, grades, and curves, and making new construction upon the deviations required by the Government Railway Engineers for those purposes—the intent being that while the layout of the line by its Engineer is accepted as sufficient for the present purposes of the said company, it is not sufficient for the purposes of the carriage of Government rolling-stock and engines; and the line is to be brought up within twelve years both as to standard and in deviation to the said re-