2462 THE NEW ZEALAND GAZETTE. [No. 68

The South-eastern side of Portion of Emano Street, in the City of Nelson, exempted from the Provisions of Section 128 of the Public Works Act, 1928, subject to a Condition as to the Building-line.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 25th day of September, 1933.

Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

In pursuance and exercise of the powers conferred by the Public Works Act, 1928, and of all other powers in anywise enabling him in this behalf, His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the following resolution passed by the Nelson City Council on the seventeenth day of August, one thousand nine hundred and thirty-three, viz.:-

"That the Nelson City Council, being the local authority having control of the streets in the City of Nelson, by resolution declares that the provisions of section one hundred and twenty-eight of the Public Works Act, 1928, shall not apply to that portion of Emano Street adjoining part Sections 833 and 834 as shown on the plan annexed hereto and thereon coloured pink";

subject to the condition that no building or part of a building shall at any time be erected on the land fronting the south-eastern side of the portion of Emano Street (described in the Schedule hereto) within a distance of thirty-three feet from the centre-line of the said portion of street.

SCHEDULE.
THE south-eastern side of all that portion of street, situated in the Nelson Land District, City of Nelson, known as Emano Street, fronting part Sections 833 and 834. As the said portion of street is more particularly delineated on the plan marked P.W.D. 86192, deposited in the office of the Minister of Public Works at Wellington, and thereon coloured red.

F. D. THOMSON,
Clerk of the Executive Council.
(P.W. 51/972.)

The Southern Side of Portion of a Road, in the County of Waimea, exempted from the Provisions of Section 128 of the Public Works Act, 1928, subject to a Condition as to the Building-line.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 25th day of September, 1933.

Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

In pursuance and exercise of the powers conferred by the Public Works Act, 1928, and of all other powers in anywise enabling him in this behalf, His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the following resolution passed by the Waimea County Council on the eighth day of September, one thousand nine hundred and thirty-three, viz.:-

"That the Waimea County Council, being the local authority having control of the roads within the Waimea County, by resolution declares that the provisions of section one hundred and twenty-eight of the Public Works Act, 1928, shall not apply to the southern side of the public road on the northern boundary of part Section 2 of 34, Block VII, Motueka Survey District, for a distance of 1500 links in a westerly direction from the eastern boundary of the said Section 2 of 34, as shown on plan prepared by C. M. Hoult, and coloured red thereon";

subject to the condition that no building or part of a building shall at any time be erected on the land fronting the southern side of the portion of road (described in the Schedule hereto) within a distance of thirty-three feet from the centre-line of the said portion of road.

SCHEDULE.
THE southern side of all that portion of road, situated in the Nelson Land District, County of Waimea, fronting part Section 2 of 34, "Motueka Rural," Block VII, Motueka Survey District. As the said portion of road is more particularly delineated on the plan marked P.W.D. 86182, deposited in the office of the Minister of Public Works at Wellington, and thereon coloured red.

F. D. THOMSON,
Clerk of the Executive Council.
(P.W. 51/1824.)

Variation of Order in Council prohibiting Alienation of certain Native Land.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 25th day of September, 1933.

Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS it is enacted by section one hundred and sixty-seven of the Native Land Act, 1931, that an Order in Council made thereunder may at any time be varied or revoked:

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance of the power and authority vested in him, doth hereby vary an Order in Council made under the said section one hundred and sixty-seven, dated the fourth day of April, one thousand nine hundred and thirty-two, regarding Hauturu East B 2, Section 2A 1A, and other blocks, set out in the Schedule to such Order in Council, by excluding and excepting from prohibition of alienation the land set out in the Schedule hereto.

SCHEDULE.
| Block. | Area. | Survey District. |
| :--- | :--- | :--- |
| Hauturu East C 2B 1 | 672 3 17 | Orahiri. |
| Piha 1B 3A 3 | 20 2 10 | |

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

Wellington High Levels Tramway Act, 1898.—Supplementary Deed of Delegation and Approval.

THIS deed made the seventh day of August, one thousand nine hundred and thirty-three, between the Mayor, Councillors, and Citizens of the City of Wellington (hereinafter, unless the context requires a different construction, referred to as "the corporation") of the one part and the Kelburne and Karori Tramway Company, Limited, a company duly incorporated under the Companies Act, 1908, and having its registered office in the City of Wellington (hereinafter with its successors and assigns referred to as "the company") of the other part:

Whereas by an Order in Council bearing date the tenth day of July, one thousand eight hundred and ninety-nine, made under and in pursuance of the Tramways Act, 1894, and the Wellington High Levels Tramway Act, 1898, the Governor in Council empowered the corporation to construct, make, maintain, and use in the City of Wellington a tramway through, over, and along those pieces of land shown on the plans marked "P.W.D. 18508" and "P.W.D. 18917," deposited in the office of the Minister of Public Works at Wellington, subject, however, to the terms, conditions, and restrictions in the said Order in Council set forth:

And whereas by a certain Deed of Delegation bearing date the twenty-second day of July, one thousand eight hundred and ninety-nine, the corporation and the Wellington City Council delegated to the company all those the powers, rights, privileges, and obligations conferred upon it by the said Order in Council, but subject to the further restrictions, agreements, and terms in the said Deed of Delegation set forth:

And whereas the said company has duly constructed, maintained, and used the said tramway and has complied with the terms and conditions of the said Order in Council and the said Deed of Delegation:

And whereas it was found desirable that provision should be made authorizing the use as a motive power upon the said tramway of electrical energy generated by a prime mover not being part of the undertaking, and authorizing the use of such energy by applying the same to propel and control (1) an endless cable to haul the cars, and/or (2) a wire cable to each end of which a car or train of cars is attached:

And whereas by Order in Council dated the tenth day of July, one thousand nine hundred and thirty-three, known as "The Wellington High Levels Tramway Order Number 2," a copy of which is annexed hereto and marked "A," the Governor in Council conferred upon the corporation the right to use electrical energy in the manner specified in the last preceding recital, subject, however, to the terms and conditions in such Order in Council set forth:

And whereas the company has applied to the corporation to delegate to it the authority conferred upon the corporation by the last-mentioned Order in Council and all the powers, rights, privileges, and obligations vested in or imposed upon the corporation by such last-mentioned Order in Council which the corporation has agreed to do upon the terms and conditions hereinafter appearing:

Now this Deed witnesseth that in pursuance of the said agreement and in exercise of the powers and authorities vested in them and it by the Tramways Act, 1908, and the Wellington High Levels Tramway Act, 1898, and of all other powers them and it enabling and in consideration of the covenants, conditions, and agreements herein contained and on the part of the company to be observed and performed, the corporation and also the Wellington City Council do hereby delegate to the company all the rights, powers, privileges, and obligations given, granted to, vested in, or imposed upon the corporation or the Council by virtue of the Wellington High Levels Tramway Order Number 2 of the tenth day of July, one thousand...