204
THE NEW ZEALAND GAZETTE
[No. 13

Consenting to the Raising of Loans by Certain Local Authorities and Prescribing the Conditions Thereof

FREYBERG, Governor-General
ORDER IN COUNCIL
At the Government Buildings at Wellington, this 28th day of January 1952
Present:
THE HON. K. J. HOLYOAKE PRESIDING IN COUNCIL

WHEREAS the several local authorities enumerated in the Schedule hereto, being desirous of raising the respective loans stated opposite their names therein, have respectively complied with the provisions of the Local Government Loans Board Act 1926 (hereinafter called the said Act), and it is expedient that the precedent consent of the Governor-General in Council, as required by the said Act, should be given to the raising of the said loans :

Now, therefore, pursuant to section 11 of the said Act, as set out in section 29 of the Finance Act 1932 (No. 2), His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby consents to the raising in New Zealand by the respective local authorities mentioned in the first column of the said Schedule of the respective loans set out in the second column of the said Schedule, up to the respective amounts specified in the third column of the said Schedule, and in giving such consent hereby determines as follows :—

(1) The terms for which the said loans or any parts thereof may be raised shall not exceed the respective terms (in years) stated in the fourth column of the said Schedule.

(2) The rates of interest that may be paid in respect of the said loans or any parts thereof shall be such as shall not produce to the lender or lenders a rate or rates exceeding the respective rates per centum per annum stated in the fifth column of the said Schedule.

(3) The said respective loans or any parts thereof, together with interest thereon, shall be repaid by equal aggregate annual or half-yearly instalments extending over the respective terms as determined in (1) above.

(4) The payment of such instalments shall be made in New Zealand, and no such instalment shall be paid out of loan-moneys.

(5) The rate payable for brokerage, underwriting, and procurement fees in respect of the raising of the said respective loans or any parts thereof shall not in the aggregate exceed one-half per centum of any amount raised.

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

SCHEDULE

(T. 40/416/6)

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

Declaring Road in Block IX, Whangarei Survey District, to be Government Road

FREYBERG, Governor-General
ORDER IN COUNCIL
At the Government Buildings at Wellington, this 4th day of February 1952
Present:
THE HON. K. J. HOLYOAKE PRESIDING IN COUNCIL

PURSUANT to section 112 of the Public Works Act 1928, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby orders and declares that the portions of road described in the Schedule hereto shall, on and after the date of this Order in Council, become Government road.

SCHEDULE

APPROXIMATE areas of the pieces of road declared to be Government road :—

A. R. P. Adjoining
1 1 2·4 } Part Whangarei Harbour Board Endowment, and
0 1 13·2 } part land on D.P. 5189, being part Allotment 3, Parahaki Parish ; coloured green.
0 1 16·3 } Part Whangarei Harbour Board Endowment ;
0 1 23·6 } coloured green.
0 1 25·2 }
0 3 32·2 Parts Whangarei Harbour Board Endowment, and Lot 1 on D.P. 35377, being part Whangarei Harbour Board Endowment ; coloured green.
0 2 38 Part Whangarei Harbour Board Endowment, and Lot 1 on D.P. 35377, being part Whangarei Harbour Board Endowment, and Lot 64 and Reserve on D.P. 18256, being part Allotment 6, Parahaki Parish ; coloured green.
1 0 19·3 Part Waimahanga No. 1 Block ; coloured green.
0 1 34·5 Part Waimahanga No. 1 Block, and Lot 1 on D.P. 24775, being Section 8, and part Waimahanga No. 1 Block ; coloured green, edged green.

Situated in Block IX, Whangarei Survey District (Auckland R.D.). (S.O. 35933.)

In the North Auckland Land District ; as the same are more particularly delineated on the plan marked P.W.D. 133980, deposited in the office of the Minister of Works at Wellington, and thereon coloured as above mentioned.

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

(P.W. 62/1/301/0 ; D.O. 1/301/0)

Appointing Members of the First and Second Divisions of the Court of Appeal

FREYBERG, Governor-General
ORDER IN COUNCIL
At the Government Buildings at Wellington, this 4th day of February 1952
Present:
THE HON. K. J. HOLYOAKE PRESIDING IN COUNCIL

WHEREAS by section 5 of the Judicature Amendment Act 1913 it is enacted that the Court of Appeal shall consist of two divisions, to be called respectively the First Division and the Second Division of the Court of Appeal ; and that each division shall consist of five Judges of the Supreme Court, to be appointed to that division by the Governor-General in Council : Provided that whenever all the Judges of the Supreme Court are present in New Zealand and are available to act as members of the Court of Appeal one of the divisions may consist of six Judges :

And whereas the power conferred by the said Act upon the Governor-General in Council of appointing Judges as members of either division; or revoking any such appointment, shall be exercisable on the recommendation of not less than three Judges of the Supreme Court (of whom the Chief Justice shall be one), and not otherwise :

And whereas the Right Honourable the Chief Justice, the Honourable Mr. Justice Fair, the Honourable Mr. Justice Gresson, the Honourable Mr. Justice Hutchison, and the Honourable Mr. Justice Hay have recommended that the two divisions of the Court of Appeal for the year 1952 shall be constituted as shown hereafter :

Now, therefore, His Excellency the Governor-General of New Zealand, in exercise of the powers conferred by the said Act, and acting by and with the advice and consent of the Executive Council, doth hereby appoint

The Right Honourable Sir Humphrey Francis O’Leary, K.C.M.G., Chief Justice,

The Honourable Sir Erima Harvey Northcroft, Kt., Judge,

The Honourable George Panton Finlay, Judge,

The Honourable James Douglas Hutchison, Judge,

The Honourable Philip Brunskill Cooke, Judge,

The Honourable Alfred Kingsley North, Judge,

to be members of the First Division of the Court of Appeal ; and

The Honourable Sir Arthur Fair, Kt., Judge,

The Honourable Kenneth Macfarlane Gresson, Judge,

The Honourable Joseph Stanton, Judge,

The Honourable Ernst Peterson Hay, Judge,

The Honourable Francis Boyd Adams, Judge,

to be members of the Second Division of the Court of Appeal for the year 1952.

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