May 3.] THE NEW ZEALAND GAZETTE. 1255

7. ROUTES RESERVED FOR GOVERNMENT LINES.

The Board shall not, without the consent in writing of the Minister of Public Works, erect any electric lines along the routes of the Government main trunk transmission-lines.

8. BARE WIRES.

Notwithstanding anything herein contained, no bare electric lines shall be erected unless in accordance with clause 37 of the regulations.

9. CONVERSION OF LINES FROM EARTH-WORKING TO METALLIC.

Notwithstanding anything herein contained, the licensee shall bear the cost of converting the Post and Telegraph Department's lines which are now erected from earth-working to metallic if required by the Minister of Telegraphs.

10. TELEGRAPH DEPARTMENT'S LINES.

The licensee shall rectify to the satisfaction of the Minister of Telegraphs any interference or disturbance caused by the erection or operation of the licensee's system that affects the satisfactory working of the telegraph-lines which are the property of the Telegraph Department and which were erected prior to the licensee's lines.

C. A. JEFFERY,
Acting Clerk of the Executive Council

Lutheran Church Trust.

JELLICOE, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 23rd day of April, 1923.

Present:

THE HONOURABLE SIR FRANCIS BELL PRESIDING IN COUNCIL.

WHEREAS by section fifty-four of the Reserves and other Lands Disposal and Public Bodies Empowering Act, 1922, certain property therein referred to, being moneys, church, land, and chattels, was vested in the Evangelical Lutheran Concordia Conference Trust Board, a Board duly incorporated under the provisions of the Religious, Charitable, and Educational Trusts Act, 1908, to be held subject to the provisions of the said section in trust for such purposes as might from time to time be declared by the Governor-General in Council: And whereas by the said section fifty-four the Governor-General is empowered from time to time by Order in Council to declare the trusts subject to which the said property shall be held, and to define the powers of the Board in respect thereof, including such powers of disposal by way of sale or lease as the Governor-General might think fit:

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance and exercise of the powers conferred upon him by the said section, and all other powers him thereunto enabling, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby declare that the said moneys, church, land, and chattels at present or hereafter comprising the trust property and now vested in the Evangelical Lutheran Concordia Conference Trust Board shall be held by such Board upon the following trusts:—

1. From time to time and at all times hereafter to permit and suffer the church, land, and chattels comprising part of the said trust property to be used and occupied and enjoyed by any or all of the inhabitants of the Provincial District of Canterbury, in the Dominion of New Zealand, who have formed or who shall at any time hereafter form themselves into a congregation of Protestants called Evangelical Lutherans, and so long only as they shall remain members of the Evangelical Lutheran Concordia Conference of New Zealand and shall require the use thereof for the purposes of religious worship, public and other meetings, services, and other uses, held according to the laws, rules, and regulations of the Evangelical Lutheran Concordia Conference of New Zealand: Provided, however, that if at any time hereafter a two-thirds majority of any such congregation for the time being decide that it is not desirable or expedient to continue to use the said church, land, and chattels for religious purposes, then on notice in writing of such decision being given by such two-thirds majority of such congregation to the said Evangelical Lutheran Concordia Conference Trust Board the said church, lands, and chattels comprising part of the said trust property shall be held for the purposes set out in paragraph 3 (c) hereof, or if it is not required for such purposes then for the use and benefit of the said Evangelical Lutheran Concordia Conference of New Zealand, but in the Dominion of New Zealand only, as the said Evangelical Lutheran Concordia Conference Trust Board shall think fit.

2. As to all moneys both capital and income comprising part or all of the said trust property the same shall be applied:—

Firstly, in payment of all legal costs and expenses incidental to the petition to His Excellency the Governor-General in Council and the necessary legislation consequent thereon whereby the management and control of the said trust property becomes vested in the said Evangelical Lutheran Concordia Conference Trust Board.

Secondly, for payment of all rates, insurance premiums, and other outgoings, and the costs of repair and upkeep in connection with the said church, lands, and chattels or any part thereof, or any other church, land, or chattels to be acquired as hereinafter provided.

Thirdly, for payment of the stipend or salary of the pastor or preacher conducting services in such church, or any other church or churches provided or used in lieu thereof as hereinafter provided.

And lastly, in the absolute discretion of the said Evangelical Lutheran Concordia Conference Trust Board, for the use and benefit of the said Evangelical Lutheran Concordia Conference of New Zealand for religious purposes in New Zealand only.

3. The Evangelical Lutheran Concordia Conference Trust Board, in addition to the powers given it under the provisions of the Religious, Charitable, and Educational Trusts Act, 1908, shall have the following powers:—

(a.) As and in such manner as it shall from time to time be deemed necessary or expedient, to erect and build upon the said land or upon some part thereof or upon any other land hereafter to be acquired by exchange or purchase as hereinafter provided, and from time to time and at all times hereafter whenever it shall be deemed necessary for the due accomplishment of the trusts of these presents or any of them to repair, alter, enlarge, and to take down and remove or rebuild the church and dwellinghouse or dwellinghouses, schoolrooms or schoolroom, and other buildings, offices, conveniences, and appurtenances, or with or without any of them respectively, or erect shops, offices, or factories or any other buildings of whatsoever nature for leasing or letting so far as it is thereunto enabled by its constitution and rules.

(b.) To dispose of the said trust property or any part thereof either by way of sale or in exchange for any other property of the like nature or tenure situate in the Dominion of New Zealand, and to give and take any moneys by way of equality in exchange upon such terms and conditions as the said Evangelical Lutheran Concordia Conference Trust Board in its absolute discretion shall think fit.

(c.) To apply all the proceeds from the letting or leasing of such buildings or from such trust property, or the proceeds or accumulations thereof, for the same or similar purposes as are herein provided in respect of the original church for a church or churches which in the opinion of the Evangelical Lutheran Concordia Conference Trust Board serves the district and members of the Evangelical Lutheran Concordia Conference of New Zealand corresponding most nearly to the district and members intended to be served under the original trust deed of the nineteenth of August, one thousand eight hundred and eighty-four, and if more than one, then any one or more of them in such proportions as the said Evangelical Lutheran Concordia Conference Trust Board shall in its absolute discretion determine, and towards the stipend of the minister or ministers thereof.

(d.) To demise or lease the said church or any part thereof, or any buildings on the said land, or any church or lands hereafter to be acquired under the provisions hereinbefore on that behalf provided, for any term not exceeding seven years, for such rent or rents and upon such terms and conditions as to the said Evangelical Lutheran Concordia Conference Trust Board shall seem expedient: Provided, however, that none of the powers by clauses (b) and (c) or in this clause conferred shall be exercised by the said Evangelical Lutheran Concordia Conference Trust Board until and unless the said Evangelical Lutheran Concordia Conference Trust Board shall have first received notice of intention to discontinue the use of the said church, land, and chattels as provided by paragraph (1) hereof; and that before exercising any of the said powers by clauses (b) and (c) or in this clause conferred the said Evangelical Lutheran Concordia Conference Trust Board shall obtain the consent in writing of at least a two-thirds majority of the congregation for the time being of the said church to the exercise of any powers.

(e.) To collect, get in, and receive the rents, profits, and income to arise in any manner from the said trust property as and when the same shall from time to time become due and payable.

(f.) To invest all or any of the moneys forming all or part of the said trust property in any investment authorized by law for the investment of trust funds within the Dominion of New Zealand, and with power to vary the same for another investment of a like nature.