2096

Authorizing the Laying-off of Streets in the Borough of Napier
of Widths less than 66 ft., but not less than 50 ft. and 60 ft.,
respectively, 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
August, 1939.
Present:
His Excellency THE GOVERNOR-GENERAL IN COUNCIL.

IN pursuance and exercise of the powers vested in him
by the Public Works Act, 1928, and the Municipal
Corporations Act, 1933, 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 Napier
Borough Council to permit the laying-off of the proposed
streets described in the First Schedule hereto of widths
less that sixty-six feet, but not less than fifty feet, and the
proposed street described in the Second Schedule hereto
of a width less than sixty-six feet, but not less than sixty
feet, subject to the condition that no building or part of a
building shall at any time be erected on the land fronting
the said streets within a distance of twenty-five feet from
the boundaries of such streets; provided, however, that
this condition shall not apply to the land marked “Service
Lane” and “Commercial District” and bordered red on
the plan marked P.W.D. 102803 mentioned in the Schedules
hereto.

FIRST SCHEDULE.

FIRST, those proposed streets in the Hawke’s Bay Land
District, Borough of Napier, containing by admeasurement
1 acre 3 roods 19-5 perches, more or less, and being portion
of Lot 168, L.T.P. 6598, being part Te Whare-o-Maraenui
Block, and part Section 10R, Block IV, Heretaunga Survey
District; coloured red.

Secondly, that proposed street in the said land district
and borough, containing by admeasurement 2 roods 12-3
perches, more or less, and being portion of Lot 169, L.T.P.
6598, being part Te Whare-o-Maraenui Block; coloured
yellow.

As the same are delineated on the plan marked P.W.D.
102803, deposited in the office of the Minister of Public
Works at Wellington, and thereon coloured as above
mentioned.

SECOND SCHEDULE.

THAT proposed street in the Hawke’s Bay Land District,
Borough of Napier, containing by admeasurement 4 acres
10-4 perches, more or less, and being part Lot 169 and Lots
171, 206, 208, and 232, L.T.P. 6598, being part Te Whare-o-
Maraenui Block and part Ahuriri Lagoon Reserve. As
the same is delineated on the plan marked P.W.D. 102803,
deposited in the office of the Minister of Public Works at
Wellington, and thereon coloured blue and red.

C. A. JEFFERY,
Clerk of the Executive Council.
(P.W. 51/2372.)

Closing Kioreroa Public Cemetery.

GALWAY, Governor-General.
By his Deputy,
MICHAEL MYERS.
ORDER IN COUNCIL.
At the Government House at Wellington, this 26th day of
July, 1939.
Present:
His Excellency THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS it appears to the Governor-General that
burials in the Kioreroa Public Cemetery, Whangarei,
which said cemetery is described in the Schedule hereto,
should be wholly discontinued:

And whereas a sufficient cemetery not within the limits of
any borough or town district has been provided and has been
prepared for the interment of the dead, as required by the
Cemeteries Act, 1908:

Now, therefore, His Excellency the Governor-General,
acting by and with the advice and consent of the Executive
Council of the Dominion of New Zealand, and in pursuance of
the powers and authorities vested in him by the said
Cemeteries Act, 1908, doth hereby order and direct that, from
and after the first day of September, one thousand nine
hundred and forty-four, the Kioreroa Public Cemetery,
Whangarei, described in the Schedule hereto, shall be closed
and burials therein discontinued:

And further, that the said cemetery shall, from and after
the said first day of September, one thousand nine hundred
and forty-four, be vested in the Whangarei Borough Council
under the provisions and for the purposes of section seventy-
eight of the said Cemeteries Act, 1908.

SCHEDULE.

KIOREROA PUBLIC CEMETERY.
ALL that area in the Whangarei County containing by
admeasurement 6 acres 3 roods 36 perches, more or less, being
Section 1, Block XVI, Purua Survey District. As the same
is more particularly delineated on the plan marked L. and S.
58801, deposited in the Head Office, Department of Lands
and Survey, at Wellington, and thereon bordered red.
(North Auckland plan S.O. 24823.)

C. A. JEFFERY,
Clerk of the Executive Council.
(H.C. 39/17.)

Consenting to the raising of Portion (£65,800) of a
Loan of £88,000 by the Nelson City Council and
prescribing the Conditions thereof.

GALWAY, Governor-General.
By his Deputy,
MICHAEL MYERS.
ORDER IN COUNCIL.
At the Government House at Wellington, this 26th day of
July, 1939.
Present:
His Excellency THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by Order in Council made on the tenth
day of June, one thousand nine hundred and
thirty-seven, and subject to the determinations as to
borrowing and repayment therein set out, consent was
given to the raising by the Nelson City Council (hereinafter
called “the said local authority”) of the sum of
eighty-eight thousand pounds (£88,000) by a loan to be
known as “Water-supply Loan, 1937” (hereinafter
called “the said loan”):

And whereas the authority conferred by the said
Order in Council has not been fully exercised:

And whereas the authority has lapsed in accordance
with the provisions of clause seven thereof and it is not
now lawful or competent for the said local authority to
raise any portion of the said loan except in accordance
with the provisions of a further Order in Council that
may be issued pursuant to section eleven of the Local
Government Loans Board Act, 1926 (hereinafter called
“the said Act”):

And whereas it is expedient to authorize the said local
authority to borrow on the conditions hereinafter
mentioned the sum of sixty-five thousand eight hundred
pounds (£65,800) (hereinafter called “the said sum”)
being portion of the said loan:

Now, therefore, 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, and in pursuance and exercise of the powers
and authorities conferred on him by section eleven of
the said Act, as set out in section twenty-nine of the
Finance Act, 1932 (No. 2), and of all other powers and
authorities enabling him in this behalf, doth hereby consent
to the raising in New Zealand by the said local
authority of the said sum up to the amount of sixty-five
thousand eight hundred pounds (£65,800) and in giving
such consent doth hereby determine as follows:—

(1) The rate of interest that may be paid in respect
of the said sum or any part thereof shall be such as
shall not produce to the lender or lenders a rate exceeding
three pounds ten shillings (£3 10s.) per centum
per annum.