23 AUG. THE NEW ZEALAND GAZETTE 1145

Southland Education Board—Election of Members

PURSUANT to the Education Act 1914, it is hereby notified that the result of the poll held for the election of members for the wards enumerated hereunder of the Education Board of the District of Southland was as follows:

Central Ward—

Blackler, Douglas William Robert ..... 100
Fraser, John William ..... 25
Total number of valid votes recorded ..... 125
Informal votes ..... 1

Northern Ward—

The only nomination received was that of Hugh Colin MacGibbon.

Southern Ward—

The only nomination received was that of John Watson.

Western Ward—

The only nomination received was that of George Cloughley.

I hereby declare Douglas William Robert Blackler, Hugh Colin MacGibbon, John Watson, and George Cloughley duly elected as members of the Board for the respective wards shown above.

T. J. GOSLING, Returning Officer.

Invercargill, 25 July 1956.

Agreement as to Motor Vehicles Insurance (Third Party Risks)

THE agreement, the text of which appears below, is hereby published for general information. It has been entered into by the Minister of Transport on behalf of the Crown with the several companies and corporate bodies which accept risks under Part V of the Transport Act 1949; and the agreement is, therefore, effective according to its terms on and after the date of this Gazette.

The text of the agreement is as follows:

ARTICLES of agreement made the 8th day of August 1956 between Her Majesty the Queen acting through the Honourable the Minister of Transport of the one part and the Several Companies and corporate bodies carrying on in New Zealand the business of Accident Insurers by or on behalf of which these presents are executed (hereinafter called “the Insurers”) of the other part.

Whereas by Articles of Agreement made the 27th day of October 1931 and published in the New Zealand Gazette (29 October, Vol. III, page 3023) provision was made in connection with claims in respect of death or bodily injury caused by the use in New Zealand of motor vehicles that cannot be identified and whereas the said Agreement was amended on the 1st day of September 1954 and the amendment was published in the New Zealand Gazette (31 March 1955, Vol. I, page 604) and whereas by Articles of Agreement made the 1st day of September 1954 and published in the New Zealand Gazette (31 March 1955, Vol. I, page 604) a further Agreement was made to apply to claims in respect of uninsured motor vehicles and whereas it is expedient to amend and consolidate the Agreements hereinbefore referred to Now therefore it is hereby agreed between the parties hereto as follows:

(1) In and for the purposes of these Articles of Agreement “Insurers” shall mean and include the several Companies and corporate bodies carrying on in New Zealand the business of Accident Insurers by and on behalf of which these Articles of Agreement are executed.

“Uninsured Defendant” shall mean a Defendant in an action brought in New Zealand by a Plaintiff suing for damages in respect of bodily injury to or death of the Plaintiff or some other person caused by or through or in connection with the use in New Zealand of a motor vehicle owned by the Uninsured Defendant but in respect of which motor vehicle the Uninsured Defendant has failed to take the steps necessary to obtain Motor Vehicle (Third Party Risks) Insurance available at the time of the accident giving rise to the said action pursuant to Part V of the Transport Act 1949 and in respect of which said accident the Uninsured Defendant would have been indemnified had he or she or it taken the appropriate steps prescribed by Part V of the Transport Act 1949 for the obtaining of such insurance.

“Year” shall mean a period of twelve calendar months commencing on the 1st July in each year.

The singular of any word or expression shall include the plural.

PART I—PERSON UNKNOWN

(2) Where any person (hereinafter called “The Claimant”) alleges—

(a) That a person unknown would, if ascertainable, be under a legal liability to him on account of the death of any person or of bodily injury to any person, and that such death or bodily injury was sustained or caused by or through or in connection with the use of a motor vehicle in New Zealand; and

(b) That it is impossible to identify such motor vehicle; then the insurers who are parties hereto agree that the matter shall be dealt with in accordance with the provisions hereinafter set out.

(3) The claimant shall within seven days of the date of the accident transmit by registered post, and addressed to the Commissioner of Transport at Wellington, a statement in writing signed by him or his solicitor, or some other person on his behalf.

(4) In special circumstances the Minister of Transport may extend the period of seven days prescribed by clause (3) hereof for such times as he may think equitable, but so that in no case shall the period within which the statement is to be transmitted to the Commissioner exceed fourteen days from the date of the accident.

(5) Such statement shall set forth full particulars of the circumstances upon which the claimant relies to show that his claim is one that should be dealt with under the provisions hereof, including such particulars of time, place, names and addresses of persons, and other circumstances as will suffice to inform the insurers of the particular grounds of legal liability alleged, such as the particular respects in which the claimant alleges that the person in charge of the motor vehicle was negligent, and also setting forth the amount and full details of his claim.

(6) Where the claim is made on account of the death of any person the statement shall also contain full particulars of the person or persons for whom and on whose behalf the claim is made.

(7) In every case such statement shall contain an undertaking that the claimant and the other persons (if any) for whom and on whose behalf the claim is made—

(a) Will accept the award of the arbitrators hereinafter referred to and the amount (if any) payable under such award in full satisfaction and discharge of all existing or subsequent claims or demands on the part of such claimant and other persons (if any) in respect of or arising out of the accident mentioned in such statement against the driver of and the owner of such motor vehicle, and against any other person who may be liable in respect of the accident, and whether the identity of such driver, owner, or other person is known or not; and

(b) Will, upon the publication of the said award and the payment of the amount (if any) payable thereunder, execute an agreement with the Commissioner of Transport as provided by clause (20) hereof.

(8) The Commissioner shall forthwith send a copy of the statement to the State Fire Insurance General Manager on behalf of the insurers and the claim shall thereupon be referred to arbitration in accordance with the provisions hereinafter set out. The reference shall be to three arbitrators who, after the receipt from the Commissioner by the said General Manager on behalf of the insurers of the statement referred to in clause (3) hereof, shall be appointed in the manner hereinafter provided before any step is taken in the reference.

(9) One arbitrator shall be appointed by the claimant, one arbitrator shall be appointed for the insurers in the manner hereinafter provided, and the third arbitrator shall be a Stipendiary Magistrate who shall be appointed by the Minister of Transport. If the three arbitrators cannot all agree, an award made by any two of them shall be sufficient. The reference to the arbitrators shall be deemed to be a submission within the meaning of the Arbitration Act 1908, and the provisions of that Act shall, so far as applicable, apply to the arbitration and all proceedings thereunder. For the purpose of giving or receiving any notice or taking any steps in the arbitration proceedings, the parties shall respectively be deemed to be the claimant and the committee hereinafter referred to.

(10) If either party shall refuse or neglect to appoint an arbitrator within twenty-eight days after the other party shall have appointed an arbitrator, and served a written notice upon such first-named party requiring him to appoint an arbitrator, then, upon such failure, the party making the request and having himself appointed an arbitrator, may appoint another arbitrator to act on behalf of the party so failing to appoint, and the arbitrator so appointed may proceed and act in all respects as if he had been appointed by the person so failing to make such appointment.

(11) The arbitrator to be appointed for the insurers shall be appointed by a committee of three persons, of which committee one member shall be appointed by the Council of Fire and Accident Underwriters Associations of New Zealand, one member by the State Fire Insurance General Manager, and one member by the Non-Tariff Insurance Association of New Zealand.

(12) The appointments of members of the said Committee shall be made from time to time by notice in writing to the Minister of Transport, and every person so appointed shall continue a member until the appointment of a person to supersede has been made as hereby provided, and the declaration of the Minister as to the validity or regularity of any appointment shall be final and conclusive. In the case of the members to be appointed by the said council and the said non-tariff association the instruments of appointment shall be executed by the chairman or vice chairman thereof.

(13) The arbitrators shall first determine whether the claimant has proved to their satisfaction all the matters referred to in clause (2) hereof and has complied with all the provisions contained in clauses (3) to (7) hereof inclusive, so far as applicable, and if they determine that he has proved all such matters to their satisfaction and has complied with all such provisions, they shall then determine as being their award under the reference the amount (if any) for which