MAY 31] THE NEW ZEALAND GAZETTE 607

Consenting to the Raising of the Dargaville Borough Council’s Loan
of £5,000 and prescribing the Conditions thereof

C. L. N. NEWALL, Governor-General

ORDER IN COUNCIL

At the Government House at Wellington, this 23rd day of
May, 1945

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL

WHEREAS by Order in Council made on the third day of March,
one thousand nine hundred and forty-three, and subject to
the determinations as to borrowing and repayment therein set out,
consent was given to the raising by the Dargaville Borough Council
(hereinafter called “the said local authority”) of a loan of five
thousand pounds (£5,000), to be known as “Sewerage Assistance
Loan, 1942” (hereinafter called “the said loan”):

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

And whereas the authority has lapsed in accordance with the
provisions of clause seven of the said Order in Council, and it is not
now lawful or competent for the said local authority to raise the said
loan or portion thereof 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 raise the said loan on the conditions hereinafter mentioned:

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 loan up to the amount of five
thousand pounds (£5,000), and in giving such consent doth hereby
determine as follows:—

(1) The term for which the said loan or any part thereof may
be borrowed shall not exceed ten (10) years.

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

(3) The said local authority shall, before raising the said loan
or any part thereof, make provision for the repayment thereof by
establishing a sinking fund under the Local Bodies’ Loans Act, 1926,
or under such other statutory enactment as may be applicable, and
shall thereafter make payments to such sinking fund at intervals of
not more than one year at a rate or rates per centum which shall be
not less than eight pounds twelve shillings and sixpence (£8 12s. 6d.),
such payments to be made in respect of every part of the said loan
for the time being so raised and not repaid, the first such payment
to be made not later than one year after the first day from which
interest to the lender or lenders is computed on the said sum or any
part thereof so raised.

(4) The payment of interest and repayment of principal in
respect of the said loan shall be made in New Zealand.

(5) No amount payable as either interest or sinking fund in
respect of the said loan shall be paid out of loan-moneys.

(6) The rate payable for brokerage, underwriting, and pro-
curation fees in respect of the raising of the said loan or any part
thereof shall not in the aggregate exceed one-half per centum of any
amount raised.

(7) No moneys shall be borrowed under this consent after the
expiration of two years from the date hereof.

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

(T. 49/194/13.)

—

Consenting to the Raising of Part (£16,500) of the Stratford Borough
Council’s Loan of £129,500

C. L. N. NEWALL, Governor-General

ORDER IN COUNCIL

At the Government House at Wellington, this 23rd day of
May, 1945

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL

WHEREAS by Order in Council made on the twenty-second
day of November, one thousand nine hundred and twenty,
consent was given to the raising by the Stratford Borough Council
(hereinafter called “the said local authority”) of the sum of one
hundred and twenty-nine thousand five hundred pounds (£129,500)
(hereinafter called “the said loan”), of which the amount of sixty-
five thousand one hundred and eighty pounds (£65,180) has not
been raised:

And whereas by section nine of the Local Authorities Interest
Reduction and Loans Conversion Amendment Act, 1934, the
authority conferred by the said Order in Council was revoked
in so far as it had not been exercised, and it is not now lawful or
competent for the said authority to borrow any moneys to which
the said Order in Council relates, except in accordance with the
provisions of an Order in Council that may be made under section
eleven of the Local Government Loans Board Act, 1926:

And whereas it is expedient to authorize the said local
authority to borrow on the conditions hereinafter mentioned the
sum of sixteen thousand five hundred pounds (£16,500) (hereinafter
called “the said sum”), being part of the moneys to which the said
Order in Council relates:

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 Local Government Loans Board Act,
1926, and by section nine of the Local Authorities Interest Reduc-
tion and Loans Conversion Amendment Act, 1934, and of all other
powers and authorities enabling him in this behalf, doth hereby
consent to the borrowing in New Zealand by the said local authority
of the said sum or any part thereof for the purposes for which the
said loan was authorized, and in giving such consent doth hereby
determine as follows:—

(1) The term for which the said sum or any part thereof may be
borrowed shall not exceed twenty (20) years.

(2) 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 fifteen shillings
(£3 15s.) per centum per annum.

(3) The said local authority shall, before raising the said sum
or any part thereof, make provision for the repayment thereof by
establishing a sinking fund under the Local Bodies’ Loans Act, 1926,
or under such other statutory enactment as may be applicable, and
shall thereafter make payments to such sinking fund at intervals
of not more than one year at a rate or rates per centum which shall
be not less than three pounds twelve shillings and sevenpence
(£3 12s. 7d.), such payments to be made in respect of every part of
the said sum for the time being so raised and not repaid, the first
such payment to be made not later than one year after the first day
from which interest to the lender or lenders is computed on the said
sum or any part thereof so raised.

(4) The payment of interest and repayment of principal in
respect of the said sum shall be made in New Zealand.

(5) No amount payable as either interest or sinking fund in
respect of the said sum shall be paid out of loan-money.

(6) The rate for brokerage, underwriting, and procuration fees
in respect of the raising of the said sum or any part thereof shall not
in the aggregate exceed one-half per centum of any amount raised.

(7) No moneys shall be borrowed under this consent after the
expiration of two years from the date hereof.

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

(T. 49/299.)

—

Portions of Road, in the County of Rodney, exempted from the
Provisions of Section 128 of the Public Works Act, 1928,
subject to a Condition as to the Building-line

C. L. N. NEWALL, Governor-General

ORDER IN COUNCIL

At the Government House at Wellington, this 30th day of
May, 1945

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL

IN pursuance and exercise of the powers conferred by the Public
Works Act, 1928, and of every other power 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 Rodney County
Council on the twenty-first day of February, one thousand nine
hundred and forty-five, viz.:—

“The Rodney County Council, being the local authority
having control of the roads in the County of Rodney, by
resolution declares that the provisions of section one hundred
and twenty-eight of the Public Works Act, 1928, shall not
apply to those portions of the road fronting the eastern
boundary generally of part Allotment 169, Oruawharo Parish,
being all the land in Certificate of Title, Volume 518, folio 80,
which are less than sixty-six feet wide”;

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

SCHEDULE

ALL those portions of road situated in the North Auckland Land
District, County of Rodney, fronting parts Allotment 169, Orua-
wharo Parish, part of such land being more particularly described
as Suburban Lot 2 and part Lot 1, Deeds Plan C. 10. As the same
are more particularly delineated on the plan marked P.W.D. 121095,
deposited in the office of the Minister of Works at Wellington, and
thereon edged red.

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

(P.W. 51/2886.)

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