And whereas in its statement of defence to the said amended
statement of claim the Board alleged as a defence thereto that the
plaintiff had not given to it a notice of intention to commence his
said action one month before the same was commenced as required
by section two hundred and forty-eight of the Harbour's Act, 1923 :
And whereas on the twenty-fourth day of January, one thousand
nine hundred and forty-nine, the plaintiff discontinued his said action
as against the Board and filed and served upon the company a
further amended statement of claim wherein he alleged new grounds
of negligence on the part of the company, its employees, servants, or
agents :
And whereas the company, being in doubt whether it was
required by section two hundred and forty-eight of the Harbours
Act, 1923, to give the Board notice of its intention to issue a third-
party notice pursuant to the Code of Civil Procedure of the Supreme
Court of New Zealand against the Board, gave to the Board written
notice on the twenty-eighth day of February, one thousand nine
hundred and forty-nine, of its intention to issue a third-party notice
claiming contribution from the Board in respect of the plaintiff’s
claim for damages on the grounds set out in the said written notice :
And whereas on the twenty-first day of June, one thousand
nine hundred and forty-nine, an Order was made by the Supreme
Court of New Zealand, at Auckland, giving to the company leave
to issue out of that Court such a third-party notice against the
Board :
And whereas by misadventure notice of intention to issue
the said third-party notice was not given and the said third-party
notice was not issued and served at and within the times respectively
referred to in section two hundred and forty-eight of the said Act
for notice and commencement of an action against a Harbour Board,
and therefore if compliance with the provisions of the said section
is requisite in the case of such third-party notice the issue and
service of the said third-party notice is invalid :
Now, therefore, for the purpose of resolving any doubts, and in
pursuance and exercise of the powers and authorities vested in him
by section two hundred and fifty-six of the Harbours Act, 1923,
and of all other powers and authorities enabling him in that behalf,
His Excellency the Governor-General, acting by and with the
advice and consent of the Executive Council, doth hereby order and
declare that the said notice of intention to issue the said third-
party notice, and the said third-party notice itself, shall be deemed
for the purposes of section two hundred and forty-eight of the
Harbours Act, 1923, to be and at all times to have been valid and
to have been respectively given, issued, and served in accordance
with the provisions of the said section two hundred and forty-eight
so far as the same relate to the claim of the company to contribution
from the Board in respect of any amount by which any damages
which may be recovered by the plaintiff against the company in the
said action may exceed the amount of compensation which may have
been paid or be payable by the company under the Workers’ Com-
pensation Act, 1922, and its amendments, in respect of the plaintiff’s
said injuries and for which the company may have a right of
contribution or indemnity in a proceeding duly instituted by it
against the Board ; the intent of this Order in Council being to
leave for determination by the Supreme Court of New Zealand in the
said action, as if this Order in Council had not been made, the question
whether, and, if so, to what extent, the Company is entitled also
to contribution from or indemnity by the Board in respect of such
compensation as aforesaid.

T. J. SHERRARD,
Clerk of the Executive Council.

The Government Railways (Staff) Amending Regulations
1949 (No. 2)

B. C. FREYBERG, Governor-General
ORDER IN COUNCIL
At the Government House at Wellington, this 20th day of
July, 1949
Present:
His Excellency the Governor-General in Council
Pursuant to the Government Railways Act, 1926, and to
section twenty-three of the Government Railways Amend-
ment Act, 1944, His Excellency the Governor-General, acting by
and with the advice and consent of the Executive Council, doth
hereby make the following regulations.

REGULATIONS

1. These regulations may be cited as the Government Railways
   (Staff) Amending Regulations 1949 (No. 2), and shall be read together
   with and form part of the regulations made under the Government
   Railways Act, 1908, on the 12th day of June, 1922, and published
   in the Gazette on the 15th day of the same month at page 1583, as
   the same are enuring under the Government Railways Act, 1926
   (hereinafter called the principal regulations).
2. Regulation 16 of the principal regulations as replaced by
   Regulation 2 of the Government Railways (Staff) Amending
   Regulations 1947 (No. 2)* and as amended by Regulation 2 of the
   Government Railways (Staff) Amending Regulations 1949† is hereby
   further amended by revoking the words and parentheses “(Civil or
   Electrical)” next following the words “Engineering Cadet” in the
   table comprising part of clause (1) thereof.
3. Regulation 143A as enacted by Regulation 7 of the Government Railways (Staff) Amending Regulations 1947‡ is hereby
   amended as follows :—
   (a) By revoking the words “civil, electrical, or mechanical
   engineering” in clause (2) thereof, and substituting the
   words “engineering or such other profession as the
   General Manager may approve”.
   (b) By revoking the words “civil, electrical, or mechanical
   engineering work” in paragraph (b) of clause (3) thereof,
   and substituting the words “engineering or such other
   professional work”.
   (c) By inserting, next after the words “study and training
   in engineering” in paragraph (c) of clause (3) thereof,
   the words “or such other profession as the General
   Manager may approve”.
4. Regulation 155 of the principal regulations as replaced by
   Regulation 9 of the Government Railways (Staff) Amending Regu-
   lations 1947‡ and as amended by Regulation 8 of the Government
   Railways (Staff) Amending Regulations 1949† is hereby further
   amended as follows :—
   (a) By adding to clause (1) thereof the following definition :—
   “‘Quarter’ means any period of three calendar
   months commencing on the first day of the months
   of January, April, July, and October.”
   (b) By revoking clause (4) thereof, and substituting the
   following clause :—
   “(4) Privilege-ticket orders may, on the application
   of the widow of a deceased retired member, be issued
   in favour of herself, provided the marriage took place
   before the retirement of the deceased retired member.
   Any such widow shall be entitled to receive not more
   than fifty-two such orders in any year. Such issue
   shall cease upon remarriage of the widow.”
   (c) By inserting, next after clause (7) thereof, the following
   additional clause :—
   “(7A) The General Manager may, at his discretion,
   in special circumstances, extend the maximum ages
   specified in clauses (3), (5), and (7) hereof at which
   privilege tickets may be issued to the children or legally
   adopted children of a retired member, a deceased
   retired member, or a deceased member.”
   (d) By inserting, next after subclause (a) of clause (10) thereof,
   the following additional subclause :—
   “(aa) Privilege-ticket orders may, on the application
   of the widow of a deceased retired temporary
   employee, be issued in favour of herself, provided the
   marriage took place before the retirement of the deceased
   retired temporary employee. No such widow shall be
   entitled to receive more than one privilege ticket in
   any quarter. Such issue shall cease upon remarriage
   of the widow.”

T. J. SHERRARD,
Clerk of the Executive Council.

• Gazette, 20th November, 1947, Vol. III, page 1811.
  † Gazette, 25th March, 1949, Vol. I, page 828.
  ‡ Gazette, 20th November, 1947, Vol. III, page 1812.

Officers Authorized to Take and Receive Statutory Declarations

B. C. FREYBERG, Governor-General
Pursuant to the authority conferred upon me by the three-
hundred-and-first section of the Justices of the Peace Act,
1927, I, Lieutenant-General Sir Bernard Cyril Freyberg, the
Governor-General of the Dominion of New Zealand, do hereby
notify and declare that the persons whose names are set out in the
Schedule hereto, being officers in the service of the Crown holding
the offices stated opposite their names respectively in the said
Schedule, are authorized to take and receive statutory declarations
under the three-hundred-and-first section of the Justices of the
Peace Act, 1927.

SCHEDULE
Albert Edward Turley, Chief Clerk, Lands and Survey
Department, Invercargill.
Frederick William Maslin, Chief Clerk, Lands and Survey
Department, South Auckland.
Frederick William Brown, Chief Clerk, Lands and Survey
Department, Te Kuiti.

As witness the hand of His Excellency the Governor-General,
this 21st day of July, 1949.

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