3044
THE NEW ZEALAND GAZETTE.
[No. 137

Classification of Road in Hawke’s Bay County.

IN pursuance and exercise of the powers conferred on him by the Transport Department Act, 1929, and the Heavy Motor-vehicle Regulations, 1932, the Minister of Transport does hereby revoke the Warrant classifying roads in the Hawke’s Bay County dated the 12th day of May, 1936, and published in the New Zealand Gazette No. 33 of the 14th day of May, 1936, at page 898, in so far as the said Warrant relates to the classification of the road described in the Schedule hereto, and situated in the Hawke’s Bay County, and does hereby declare that the road described in the said Schedule shall belong to the class of roads shown in the said Schedule.

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SCHEDULE.

HAWKE’S BAY COUNTY.

ROAD classified in Class Three: Available for the use thereon of any heavy motor-vehicle (other than a multi-axled heavy motor-vehicle) which with the load it is carrying weighs not more than 7 tons, or any multi-axled heavy motor-vehicle which when carrying a load has an axle weight of not more than 4½ tons on any one axle.

Napier Park–Rissington Main Highway No. 29.

Dated at Wellington, this 6th day of November, 1939.

R. SEMPLE, Minister of Transport.

(TT. 10/55.)

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Approval of Testing Officers under the Motor-drivers’ Regulations, 1931.

IN terms of Regulation 5 of the Motor-drivers’ Regulations, 1931, the Minister of Transport does hereby approve, until further notice, of the persons named in Column 2 of the Schedule hereunder being Testing Officers under the said regulations for the authority specified in Column 1 of the said Schedule.

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SCHEDULE.

Column 1. Column 2.
Borough of Mount Albert .. Thomas Henry Daly, of Mount Albert, Borough Employee.
Borough of Mount Albert .. David Mann, of Mount Albert, Borough Employee.
Southland County Council .. Major Stanley Rice, of Wyndham, Acting Town Clerk.

Dated at Wellington, this 1st day of November, 1939.

R. SEMPLE, Minister of Transport.

(TT. 9/4/3.)

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Altering a Warrant Declaring Areas to be Closely Populated Localities for the Purposes of the Motor-vehicles Amendment Act, 1936, Section 3.

IN terms of section 3 of the Motor-vehicles Amendment Act, 1936, and of all other powers enabling him in that behalf, the Minister of Transport does hereby revoke that portion of the Warrant dated the 8th day of June, 1937, and published in the New Zealand Gazette No. 42 of the 17th day of June, 1937, at page 1482, containing the description of the area set out in the first paragraph under the heading “Situated within Waimairi County” and does hereby substitute therefor the area described in the Schedule hereto.

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SCHEDULE.

SITUATED within Waimairi County—

All that area consisting of that portion of the Christchurch–Blenheim via Parnassus Main Highway No. 101, commencing at the northern boundary of Christchurch City, as now constituted, proceeding thence generally in a northerly direction, and terminating at a point 3 chains measured along the said main highway in a northerly direction from its junction with Daniells Road, a distance of approximately 1 mile 22 chains.

Dated at Wellington, this 1st day of November, 1939.

R. SEMPLE, Minister of Transport.

(TT. 9/15/44.)

Extension to New Zealand of the Convention between the United Kingdom and Switzerland regarding Legal Proceedings in Civil and Commercial Matters.

Department of Justice,
Wellington, 31st October, 1939.

IT is hereby notified for general information that the Convention between the United Kingdom and Switzerland regarding Legal Proceedings in Civil and Commercial Matters, signed at London on the 3rd December, 1937, and in respect of which ratifications were exchanged at Berne on the 6th February, 1939, has been extended to New Zealand pursuant to the provisions of Article 9 (a) of the said Convention, as from the 26th October, 1939.

The text of the said Convention is set out hereunder.

H. G. R. MASON, Minister of Justice.

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CONVENTION.

His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India, and the Swiss Federal Council, being desirous of providing for the enjoyment by their respective nationals of certain rights in connection with legal proceedings, have resolved to conclude a Convention for this purpose and have appointed as their Plenipotentiaries:—

His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India:
For Great Britain and Northern Ireland:
The Right Honourable Anthony Eden, M.C., M.P., His Majesty’s Principal Secretary of State for Foreign Affairs; and
The Swiss Federal Council:
M. Charles R. Paravicini, their Envoy Extraordinary and Minister Plenipotentiary in London;

Who, having communicated their full powers, found in good and due form, have agreed as follows:—

ARTICLE 1.
Definitions.

(a) Except where the contrary is expressly stated, this Convention applies only to civil and commercial matters, including non-contentious matters.

(b) In this Convention the words—
(1) “Territories of one (or of the other) High Contracting Party” shall be interpreted (i) in relation to His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India as meaning England and Wales and all territories in respect of which the Convention is in force by reason of extensions under Article 8 or accessions under Article 9; and (ii) in relation to the Swiss Federal Council, Switzerland;
(2) “Persons” shall be deemed to mean individuals and artificial persons;
(3) “Artificial persons” shall be deemed to include partnerships, companies, societies, and other corporations;
(4) “Nationals of a High Contracting Party” shall be deemed to include artificial persons constituted or incorporated under the laws of any of the territories of such High Contracting Party;
(5) “Nationals of one (or of the other) High Contracting Party” shall be deemed (i) in relation to His Majesty the King of Great Britain, Ireland, and the British Dominions beyond the Seas, Emperor of India, to mean all subjects of His Majesty wherever domiciled, and all persons under his protection; and (ii) in relation to the Swiss Federal Council to mean all Swiss citizens.

ARTICLE 2.
Legal Protection and Access to the Courts of Justice.

The nationals of one High Contracting Party shall enjoy in the territories of the other the same rights in respect of the legal protection of person or property, and shall have free access to the courts of justice for the prosecution or defence of their rights, under the same conditions (including the taxes and fees payable) as nationals of the latter High Contracting Party.

ARTICLE 3.
Security for Costs.

(a) The nationals of one High Contracting Party, resident in a territory of the other where the proceedings are brought, shall not be obliged to give security for costs or court fees in any case where the nationals of the latter High Contracting Party would not be so obliged in similar circumstances.