(14) It is an express term and condition of all proceedings
pursuant to the provisions hereof and of every reference to
arbitration as aforesaid—

(a) That no award shall be made in favour of the claimant
unless the claimant first proves to the satisfaction of
the arbitrators all the matters referred to in clause (2)
hereof, and that he has complied with the provisions
of clauses (3) to (7) hereof inclusive, so far as
applicable, and failing such proof as aforesaid the
arbitrators shall have no power or jurisdiction to
make an award in favour of the claimant:

(b) That all such defences may be set up to the claim as
would be available in an action in a Court of law
against the driver, the owner, or any other person
alleged to be liable in respect of the accident.

(15) It is an express term and condition of all proceedings
pursuant to the provisions of Part I hereof, and of every
reference to arbitration as aforesaid, that no award shall be
made in favour of the claimant in respect of any claim
against which an insurance company would not be liable to
indemnify the owner of the vehicle under Part V of the
Transport Act 1949 and any amendments thereof if the
vehicle were identifiable and the arbitrators shall have no
power or jurisdiction to make an award in favour of the
claimant in any such case.

(16) Where the claim is made in respect of the death of
any person, the amount (if any) that is awarded shall be
divided among such persons in such shares as the arbitrators
shall by their award determine and where any such person
is an infant the arbitrators shall by their award direct that the
share of such infant shall be paid by the Commissioner to
such person or corporation as they shall by their award
appoint and that such share shall be held by such person or
corporation upon such trusts as they shall by their award
define and declare.

(17) Notwithstanding anything herein contained, the arbitra-
tors shall have no power or jurisdiction to make awards for
an amount exceeding £7,500 (inclusive of any sum that the
arbitrators may award in respect of party-and-party costs) in
respect of any claim or claims by way of damages indemnity
or otherwise arising out of the death of or bodily injury to
any one person.

(18) If, within the time limited by clauses (3) and (4) hereof,
claims by way of damages indemnity or otherwise in respect
of the death of or injury to more than one person arising
out of the same accident are made and the total amount of
the awards (including party-and-party costs) in respect of all
such claims exceeds the sum of £75,000 then there shall be
payable in respect of each such award only an amount bearing
the same proportion to the amount awarded as the sum of
£75,000 bears to the total amount of such awards to the
intent that, without prejudice to anything contained in clause
(17), the total liability of the insurers in respect of the
aggregate of all the claims arising out of any one accident or
disaster shall not exceed in any event the sum of £75,000
(including party-and-party costs).

(19) If within the time limited by clauses (3) and (4)
hereof more than one claim by way of damages indemnity
or otherwise arising out of the same accident or disaster is
made in respect of the death of or injury to any person by or
on behalf of persons who are relatives of each other within
the meaning of the definition of the term “relative” contained
in section 2 of the Workers’ Compensation Act 1956 (or in
any enactment passed in amendment thereof or in substitution
therefor) then whether or not such claims relate to the death
of or to bodily injury to more than one person if the total
amount of the awards (including party-and-party costs) in
respect of all such claims exceeds the sum of £7,500 there
shall be payable in respect of each such award only an amount
bearing the same proportion to the amount awarded as the
sum of £7,500 bears to the total amount of such awards to the
intent that without prejudice to anything contained in clauses
(17) and (18) the total liability of the insurers in respect
of the aggregate of all the claims made by or on behalf of
persons who are relatives of each other as hereinbefore
defined, arising out of any one accident or disaster shall not
exceed in any event the sum of £7,500 (including party-and-
party costs).

(20) After the publication of any award made pursuant to
and under the provisions hereof, the claimant and the other
persons (if any) for whom and on whose behalf the claim
is made shall execute an agreement with the Commissioner as
trustee and agent for the insurers and for the driver, owner
or other person mentioned in clause (7) hereof that they and
each of them will, if at any time thereafter called on by the
Commissioner so to do, execute in favour of the driver,
owner or other person mentioned in clause (7) hereof (and
whether the identity of such driver, owner or other person
is then known or not) a release (in such form as may be
required by the Commissioner) of all such claims or demands
as are referred to in the said clause (7). Where any money
is payable by the Commissioner under any such award the
Commissioner shall not make any such payment unless he
previously obtains such agreement as aforesaid. In cases where
no money is payable by the Commissioner under any such
award the Commissioner shall require execution of such agree-
ment as soon as possible after the publication of the award.

PART II—VEHICLE UNINSURED

(21) When any action or actions by way of damages,
indemnity, contribution, or otherwise is or are brought in New
Zealand arising out of the death of or bodily injury to any
person caused by or through or in connection with the use of
a motor vehicle in New Zealand owned by an Uninsured
Defendant who has insufficient means to pay the amount of
any judgment or judgments and if having regard to the
exceptions provided in subsection (4) of section 70 of the
Transport Act 1949 the Uninsured Defendant would have
been indemnified if he had obtained Motor Vehicle (Third
Party) Insurance under the Transport Act 1949 the Insurers
will (subject to the provisions hereinafter appearing) pay to
any person entitled (hereinafter called “the Claimant”) the
amount of such judgment or where a part of the amount of
such judgment has been recovered from an Uninsured Defen-
dant the balance of such judgment provided that the total
amount payable by the Insurers shall not exceed £7,500 (in-
clusive of costs) in respect of any such claim or claims arising
out of the death of or bodily injury to any one person and if
necessary the amount payable hereunder to each claimant shall
abate proportionately to the extent necessary to keep the total
of all payments to the sum of £7,500 and provided further
that the total amount payable by the Insurers in respect of
all claims arising out of one accident or disaster shall not
exceed £75,000 in all and if necessary the amount payable
hereunder to each claimant shall abate proportionately to the
extent necessary to keep the total of all payments to the sum
of £75,000 and provided further that in any case where a part
of the judgment has been recovered from the Uninsured
Defendant the said maximum amount of £7,500 or £75,000
payable by the Insurers shall be reduced by the amount so
recovered.

(22) It shall be a condition precedent of any payment by
the Insurers in terms of clause (21) hereof that the claimant
shall have given three months written notice (to be sent by
Registered Post) to the Commissioner of Transport of his
intention to commence proceedings stating the following:

(a) The full name, address and occupation of the claimant.

(b) The full name, address and occupation of the uninsured
defendant.

(c) The date, time and place of the accident giving rise to
the action to be brought by the claimant.

(d) That the claimant wishes to avail himself of the benefits
conferred by these Articles of Agreement and that in
consideration of the Insurers receiving the application
the claimant agrees to be bound by the provisions of
these Articles of Agreement.

(e) That the claimant agrees that the Insurers may elect
within the period of notice to accept responsibility for
the claim as if the motor vehicle owned by the
defendant were currently insured by the Insurers and
to settle the claim subject always to the limitations as
to amount provided in clause 21 hereof or to defend
the claim on behalf of the defendant.

(23) It shall be a condition of any payment by the Insurers
in respect of any claim for which the Insurers have accepted
responsibility and have agreed to settle that the Insurers may
at any time should they so desire take any proceedings in the
name and on behalf of the Claimant to recover damages
against the person alleged to be under a legal liability in respect
of such death or bodily injury provided however that in that
event the Insurers shall indemnify the Claimant against all
costs and expenses of and incidental to any such proceedings.
The Claimant shall sign all documents papers and authorities
as the Insurers require for the purpose of enabling the
Insurers to take such proceedings and have the conduct and
control thereof.

(24) If the Insurers shall recover in any such proceedings
any sum in excess of the moneys paid by the Insurers to the
Claimant and the costs and expenses incurred by the Insurers
(hereinafter called the surplus moneys) then the Insurers will
pay the said surplus moneys to the Claimant or to his her or
its executors administrators or legal successors.

(25) The Insurers shall not be under any obligation to take
any such proceedings nor shall such Insurers be liable for any
failure to enforce any judgment obtained.

(26) If the Insurers elect not to accept responsibility for
and settle the claim and the claimant obtains judgment against
the uninsured defendant the claimant shall send by Registered
Post to the Commissioner of Transport the following:

(a) A certified copy of the judgment obtained by the
claimant against the defendant:

(b) A statutory declaration stating the following:

(i) What amount (if any) has been recovered from
the Defendant in respect of the said judgment;

(ii) That the Defendant is an Uninsured Defendant
within the meaning of these Articles of Agreement;

(iii) That according to the best of the Claimant’s
knowledge, information and belief the Defendant is
unable to pay the said judgment (or the balance
owing in respect of the said judgment) from the
Defendant’s own moneys or assets;

(iv) That the Claimant wishes to avail himself of
the benefits conferred by these Articles of Agreement
and that in consideration of the Insurers receiving
the application the Claimant agrees to be bound by
the provisions of these Articles of Agreement and
the Claimant is accordingly prepared to assign the
said judgment to the Insurers.

(27) In any case where the Claimant takes action and
obtains judgment against an uninsured defendant without
giving notice in the manner prescribed by clause (22) hereof
the Insurers will pay to the Claimant the amount of such
judgment provided the total amount payable by the Insurers