Regulations and Orders




JUNE 30.] THE NEW ZEALAND GAZETTE. 2159

such kauri-gum and the proceeds thereof as if such assignment had not been made, and the receipt of the assignee shall be a sufficient discharge to the Board for all moneys payable by the Board to the consignor in respect of such kauri-gum.

(h) The consignor shall upon demand pay to the Board—
(i) All freights and cartage charges made payable forward by the consignor and paid by the Board;
(ii) All wharfage dues, costs of labour in stacking or re-bagging at wharf or store, and cost of sacks supplied that may be incurred or paid by the Board;
(iii) All lawful and reasonable charges that may be made by the Board for storage or handling or other services;
(iv) All insurance premiums chargeable as hereinbefore provided;
(v) All brokerage charges incurred by or to the Board upon any sale or attempted sale of the kauri-gum;
(vi) Interest on all such moneys as aforesaid until the actual payment thereof, computed from the respective dates on which the same are paid or incurred or debited by the Board at the rate or rates from time to time charged by the Board on advances to producers as hereinafter provided, such interest to be considered as accruing from day to day with half-yearly rests, and to be added to the principal sum on such half-yearly days as the Board may determine, and upon the making of such demand as aforesaid according to the custom of merchants:

Provided always that the Board may, in its discretion, waive the payment of any interest payable as aforesaid not exceeding, in respect of any one parcel of kauri-gum so delivered, the sum of five shillings.

(j) All principal and interest moneys payable as aforesaid shall be a charge upon such kauri-gum and the proceeds thereof.

(k) The Board may at any time by notice in writing to the consignor require him to remove at his own expense any kauri-gum so delivered which, in the opinion of the Board, is of no saleable value or of a class that is for the time being not marketable.

(l) If at the expiration of three months from the date of such notice the consignor has failed to remove such kauri-gum, the Board may forthwith remove and destroy the same without being liable to the consignor or any other person for so doing or for any loss or damage occasioned thereby, and the consignor shall forthwith pay to the Board all charges paid or incurred for such removal or destruction in addition to all other moneys payable to the Board under these regulations.

(m) All kauri-gum, delivery of which has been taken by the Board, shall be deemed to be kauri-gum of which the Board has assumed control for the purposes of the said Act.

(n) Before paying out to any person the proceeds of any kauri-gum in respect of which a delivery-certificate has been given, the Board may require the surrender of such delivery-certificate, or may require its absence to be accounted for by statutory declaration or otherwise, or may dispense with its surrender on receiving such indemnity in the premises as it thinks fit.

  1. With reference to any advance that may be made by the Board for the purchase of kauri-gum under the powers given in that behalf by the said Act, the following provisions shall apply:—

(a) No advance under these regulations shall be made except to a consignor who is a producer within the meaning of the said Act, and except in respect of kauri-gum delivered pursuant to Regulation 2 hereof.

(b) No advance shall be made until the kauri-gum in respect of which it is to be made shall have been valued by a valuer appointed by the Board for that purpose.

(c) The valuation shall be made on the basis of the market-price current at the time of valuation at the place of delivery for the particular class or classes of kauri-gum so valued.

(d) Every such advance shall be repayable on demand.

(e) The total sum advanced shall not exceed an amount equal to 50 per centum of the value of the kauri-gum assessed as hereinbefore provided.

(f) No advance shall be made unless the relative delivery-certificate has been produced to the Board, and when the advance is made there shall be stated thereon the value of the kauri-gum as assessed under paragraph (b) hereof, and the amount of the advance, and the delivery-certificate shall then be returned to the producer.

(g) The producer to whom any advance is made shall pay to the Board upon demand interest thereon computed from the date of such advance, such interest to be considered as accruing from day to day with half-yearly rests, and to be added to the principal sum on such half-yearly days as the Board may determine, and upon the making of such demand as aforesaid according to the custom of merchants.

(h) The rate of interest shall be such as the Board may from time to time fix (without requiring to give to the producer any notice of alteration in the rate), but shall not in any case be less than the rate of interest for the time being payable by the Board for funds borrowed by it for the purpose of making advances or for the general purposes of the Board.

(j) When any advance has been made in respect of any kauri-gum then no reserve selling-price shall be stipulated in respect of the subsequent disposal of such kauri-gum by the Board, and any such stipulation theretofore made shall be of no effect, and the Board shall not be affected by any purported stipulation then or at any time thereafter made, whether by the consignor or any other person, relating to a reserve selling-price in respect of such kauri-gum.

(k) Kauri-gum in respect of which an advance has been made may be sold by the Board either within New Zealand or abroad, and either in one or more lots, and either separately or together with any other kauri-gum (subject to apportionment of price in such manner as the Board may deem equitable), and at such time or times as the Board may think fit, and either by public auction or tender or private treaty, or partly by one and partly by another or others of such modes of sale as the Board in its discretion may think fit, and no payment made after consignment or shipping of any kauri-gum shall affect the validity of any sale outside New Zealand or affect any act of the Board or any agent of the Board incidental to such consignment, shipping, or sale.

  1. (a) A statement of account current, made up from the books of the Board and executed under seal of the Board or signed by the Secretary or any agent or other person on behalf of the Board shall, without the necessity of producing any books or vouchers to verify the same and without the necessity of containing or showing any items or details prior to the last preceding half-yearly day, be prima facie evidence of the matters and things therein set forth.

(b) No credit or payment by a consignor shall be specially appropriated to any particular debt without the consent in writing of the Board.

(c) Any demand to be made on a consignor or any notice to be given by the Board under these regulations shall be sufficient if made or given by notice in writing executed under seal of the Board or signed by the Secretary or any agent or other person on behalf of the Board, and either served personally or by delivering the same at the last known place of abode or business of the consignor, or sent through the post in a registered letter addressed to the consignor at such last known place of abode or business, notwithstanding that at the time when such demand or notice is made or given the consignor may be deceased or under disability and may not have any legal personal representative appointed, and notwithstanding that such notice may not be addressed to any person by name.

(d) No error or omission in any such demand shall in any way affect the validity of the same, or give rise to any right of action except the right to recover from the Board any sum demanded and paid in excess of the amount actually due and owing.

(e) Any such notice if sent by post shall be deemed to have been served on the day on which it would be delivered in the ordinary course of post at its address, and service of any notice upon any one of persons jointly liable for payment of any moneys under these regulations shall be deemed good service upon all of them, notwithstanding that any of such persons may be deceased or under disability.

F. D. THOMSON,
Clerk of the Executive Council.


Recreation Reserve in Otago Land District brought under Part II of the Public Reserves and Domains Act, 1908.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 27th day of June, 1927.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

BY virtue of the powers and authorities vested in me by the twenty-sixth section of the Public Reserves and Domains Act, 1908, I, General Sir Charles Fergusson, Baronet, Governor-General of the Dominion of New Zealand, by and with the advice and consent of the Executive Council of the said Dominion, do hereby order and declare that the reserve for recreation in the Otago Land District described in the Schedule hereto shall be and the same is hereby brought under the operation of and declared to be subject to the provisions of Part II of the said Act; and such reserve shall hereafter be known as the Fraser River Domain, and be managed, administered, and dealt with as a public domain.


SCHEDULE.

OTAGO LAND DISTRICT.—FRASER RIVER DOMAIN.

SECTION 155, Block X, Leaning Rock Survey District: Area, 3 acres 0 roods 28 perches.

F. D. THOMSON,
Clerk of the Executive Council.



Next Page →

PDF embedding disabled (Crown copyright)

View this page online at:


VUW Te Waharoa PDF NZ Gazette 1927, No 44


NZLII PDF NZ Gazette 1927, No 44





✨ LLM interpretation of page content

🌾 Regulations for Delivery of and Advances upon Kauri-gum (continued from previous page)

🌾 Primary Industries & Resources
27 June 1927
Kauri-gum, Regulations, Kauri-gum Control Act, 1925
  • F. D. Thomson, Clerk of the Executive Council

🗺️ Recreation Reserve in Otago Land District brought under Part II of the Public Reserves and Domains Act, 1908

🗺️ Lands, Settlement & Survey
27 June 1927
Recreation Reserve, Public Reserves and Domains Act, 1908, Fraser River Domain, Otago Land District
  • Charles Fergusson, Governor-General
  • F. D. Thomson, Clerk of the Executive Council