Feb. 3.] THE NEW ZEALAND GAZETTE. 157

resolution passed by the Dunedin City Council on the eleventh day of October, one thousand nine hundred and thirty-seven, viz. :—

“ That the Dunedin City Council, being the local authority having control of the streets in the City of Dunedin, by resolution declares that the provisions of section one hundred and twenty-eight of the Public Works Act, 1928, shall not apply to the north-eastern side of portion of Black’s Road abutting on part of Allotment 53, Township of Maybank, being also part of Section 49, Block IX, North Harbour and Blueskin District ” ;

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

———

SCHEDULE.

THE north-eastern side of all that portion of street, situated in the Otago Land District, City of Dunedin, known as Black’s Road, fronting part Allotment 53, L.T.P. 72, Township of Maybank, being also part of Section 49, Block IX, North Harbour and Blueskin Survey District. As the same is more particularly delineated on the plan marked P.W.D. 98237, deposited in the office of the Minister of Public Works at Wellington, and thereon coloured red.

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

(P.W. 51/1338.)

———

Authorizing the Laying-off of a Street off Surrey Street, in the City of Dunedin, of a Width less than 66 ft., but not less than 40 ft., subject to a Condition as to the Building-line.

———

GALWAY, Governor-General.

By his Deputy,

MICHAEL MYERS.

ORDER IN COUNCIL.

At the Government House at Wellington, this 2nd day of February, 1938.

Present :

His EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

IN pursuance and exercise of the powers vested in him by the Municipal Corporations Act, 1933, and 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 authorize the Dunedin City Council to permit the laying-off of the proposed street described in the Schedule hereto of a width less than sixty-six feet, but not less than forty feet, subject to the condition that no building or part of a building shall at any time be erected on the land fronting the northern side of the said street within a distance of thirty-five feet from the centre-line of the said street.

———

SCHEDULE.

THAT proposed street, in the Otago Land District, City of Dunedin, containing by admeasurement 1 rood 3 perches, more or less, being portion of Allotment 12, L.T.P. 3732, and being part Section 46, Block VII, Town Survey District. As the same is more particularly delineated on the plan marked P.W.D. 97569, deposited in the office of the Minister of Public Works at Wellington, and thereon bordered red.

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

(P.W. 51/2241.)

———

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

———

GALWAY, Governor-General,

By his Deputy,

MICHAEL MYERS.

ORDER IN COUNCIL.

At the Government House at Wellington, this 26th day of January, 1938.

Present :

His EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

PURSUANT to section four hundred and forty-two of the Native Land Act, 1931, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, doth hereby vary an Order in Council made on the fourteenth day of March, one thousand nine hundred and thirty-two, and published in the Gazette on the seventeenth day of March, one thousand nine hundred and thirty-two, at page 547, and affecting Awaawakino A and other blocks, by excluding therefrom the land described in the Schedule hereto.

———

SCHEDULE.

AWANUI-HAPARAPARA 3B 3B Block, Haparapara Survey District: Area, 3 acres.

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

———

Authorizing the Taupo Totara Timber Company, Limited, to construct a Private Tramway on the Taupo-Putaruru Main Highway.

———

GALWAY, Governor-General.

By his Deputy,

MICHAEL MYERS.

WHEREAS under section 6 of the Tramways Amendment Act, 1911, the Governor-General may on the application of any person in that behalf grant a license to that person to lay down, construct, and maintain a private tramway on, along, or across any Government road within the meaning of the Public Works Act, 1928 :

And whereas application has been made by the Taupo Totara Timber Company, Limited, a company incorporated or deemed to be incorporated under the Companies Act, 1933, and having its registered office at Putaruru (hereinafter referred to as “ the licensee ”), for a license in respect of a private tramway to be laid down, constructed, and maintained across a certain Government road—namely, the Taupo-Putaruru Main Highway—in the position described in the First Schedule hereto :

And whereas all steps necessary to authorize such license to be granted have been duly taken, and no ratepayer has deposited any memorial of objection under section 18 of the Tramways Act, 1908 :

Now, therefore, in pursuance and exercise of the powers conferred upon me by the Tramways Act, 1908, and the amendments thereof, I, George Vere Arundell, Viscount Galway, Governor-General of the Dominion of New Zealand, do hereby grant a license to the licensee, its successors, and assigns to lay down, construct, and maintain a private tramway on and across the said Taupo-Putaruru Main Highway (hereinafter referred to as “ the road ”) in the position described in the said First Schedule hereto for the term and subject to the conditions set forth in the Second Schedule hereto.

———

FIRST SCHEDULE.

ALL that portion of the Putaruru-Taupo Main Highway in Tatua East Block, Block I, Tatua Survey District, County of Taupo, comprising a site of approximately 0·14 of an acre distant about 1·78 chains in a north-easterly direction from the south-east corner of Section No. 4A, Tatua East Block, on plan No. 14696 (2) marked P.W.D. 97055, deposited in the office of the Minister of Public Works at Wellington.

———

SECOND SCHEDULE.

1. THE license hereby granted shall remain in force for a term of twenty-one (21) years from the date hereof and no longer.

2. In these conditions “ licensee ” includes the successors and assigns of the Taupo Totara Timber Company, Limited ; the references to the Minister of Public Works shall, if at any time the control of the road be vested in any public authority other than the Minister of Public Works or in any local authority, be deemed to be reference to such public authority or local authority.

3. All duties, expenses, costs, and charges of the Crown of and incidental to the preparation and execution of these presents and compliance with the provisions of the Tramways Act, 1908, in respect of the licensee’s application for tramway rights under the said Act shall be paid by the licensee to His Majesty the King upon demand.

4. The licensee shall and will immediately have prepared and completed an engineering survey and plans of the foundations of the said tramway so far as it may affect the road, and until such plans are approved in writing by the Minister of Public Works the licensee shall have no right or license to lay down, construct, or maintain the said tramway as herein provided, and a copy of such survey and plans when so approved shall be supplied to the Minister before any work is done in the construction of the said tramway.

B