2884

THE NEW ZEALAND GAZETTE.

[No. 69]

SINKING FUND FOR NEW SECURITIES.

20. (1) In order to provide funds for the repayment of the new securities the local \
    authority shall forthwith make provision for the creation, pursuant to a resolution of \
    the local authority, of a sinking fund, of which the Public Trustee shall be the \
    Commissioner.

(2) For such purpose the local authority shall permanently appropriate and shall \
pay to the Commissioner of the sinking fund on each thirtieth day of November \
following the date of conversion up to and including the thirtieth day of November, \
one thousand nine hundred and fifty-four, a contribution of fifty-seven pounds, \
reduced in respect of each contribution by the aggregate of the sums which during the \
twelve months preceding the date of payment of such contribution have, pursuant to \
the provisions of the next succeeding clause, been paid to any sinking fund for \
unconverted securities.

(3) The provisions of subsections four, five, and six of section ninety-five of the \
Local Bodies' Loans Act, 1926, shall apply with respect to such sinking fund.

SINKING FUND FOR UNCONVERTED SECURITIES.

21. (1) If dissent is signified in accordance with the provisions of this Order from \
    the conversion of any existing securities issued in respect of the loan in the First \
    Schedule hereto, the local authority, in order to provide funds for the repayment of the \
    unconverted securities issued in respect of such loan, shall forthwith make provision for \
    the creation, pursuant to a resolution of the local authority, of a sinking fund, of which \
    the persons who at the date of conversion were Sinking Fund Commissioners in respect \
    of such loan shall be the first Commissioners.

(2) For such purpose the local authority shall permanently appropriate a sum which \
bears the same proportion to the annual contribution payable, before the date of \
conversion, to the existing sinking fund of such loan as the aggregate amount of \
principal secured by such unconverted securities bears to the aggregate amount of \
principal secured by all the existing securities in respect of which such existing sinking \
fund is held, and shall pay such sum to the Commissioners yearly and every year until \
the maturity date of such unconverted securities, or until the Commissioners are satisfied \
that the accumulation of sinking fund will suffice to redeem such securities at maturity.

(3) The first of such yearly payments shall be made not later than one year after \
the date on which the last annual contribution payable before the date of conversion \
to the existing sinking fund of such loan was payable.

(4) Subject to the provisions of this Order, the provisions of sections forty to \
forty-four of the Local Bodies' Loans Act, 1926, shall, so far as applicable and with \
all necessary modifications, apply with respect to such sinking fund:

Provided that nothing in the said sections or in this Order shall authorize the \
removal or suspension of the Public Trustee as Commissioner of any sinking fund.

APPLICATION OF EXISTING SINKING FUND.

22. The existing sinking fund of the loan referred to in the First Schedule hereto \
    shall be applied by the Commissioners thereof, so far as it will extend, in or towards making \
    the following payments, in the following order of priority, namely:-

(a) First, in transferring to the Commissioners of the sinking fund hereinbefore \
required to be created for the unconverted securities issued in respect of \
such loan a sum which bears the same proportion to the amount of such \
existing sinking fund at the date of conversion as the aggregate amount of \
principal secured by such unconverted securities bears to the aggregate \
amount of principal secured by all the existing securities in respect of which \
such sinking fund is held;

(b) Secondly, in payment, in accordance with the directions of the local authority, \
of any cash payments required by this Order to be made in respect of \
premiums to which any holder is entitled on the conversion of any existing \
securities to which this Order applies; and

(c) Thirdly, in transferring the balance to the Commissioner of the sinking fund \
hereinbefore required to be created for the new securities, to be held as \
part of that sinking fund.

SPECIAL RATE.

23. (1) As a security for the new securities and the unconverted securities the \
    local authority shall forthwith, by resolution gazetted (in the form numbered (4) in the \
    Second Schedule hereto), make and levy a special rate over the whole of the district \
    of the local authority to provide for the payment of interest, sinking fund, and other \
    charges in respect of such securities.

(2) Subject to the provisions of this Order, the provisions of the Local Bodies' \
Loans Act, 1926, and of any other Act shall, so far as applicable and with all necessary \
modifications, apply with respect to such special rate, and with respect to the interest \
and other charges in respect of such securities, as if such special rate were made and \
levied in respect of a special loan raised under Part I of the said Local Bodies' Loans \
Act, 1926.

(3) Upon the making of such special rate every special rate theretofore made in \
respect of any existing securities to which this Order applies shall cease to be a security \
for such existing securities.

SECURITIES HELD BY TRUSTEES.

24. The provisions of sections twenty-two, twenty-three, and twenty-four of the \
    New Zealand Debt Conversion Act, 1932-33 (relating to the adjustment of premiums as \
    between capital and income and to the powers of trustees and other persons in relation \
    thereto), shall apply with respect to existing securities converted into new securities in \
    accordance with this Order in the same way as they apply with respect to securities \
    converted under that Act, save that the references in the said section twenty-two to the \
    first day of April, one thousand nine hundred and thirty-three, shall be construed as \
    references to the day following the date of conversion.

BROKERAGE.

25. The local authority shall not, in respect of the conversion into new securities \
    of any existing securities to which this Order applies, enter into any contract for the \
    payment of brokerage at a rate exceeding one-quarter per centum of the amount of such \
    existing securities.