9 NOVEMBER
THE NEW ZEALAND GAZETTE
shall not exceed £2,000 (inclusive of costs) unless the Insurers
in their discretion decide that they have not been prejudiced
by the failure of the Claimant to give notice in the prescribed
manner in which case the total amount payable by the Insurers
shall not exceed £7,500 (inclusive of costs) and provided
always that any sum received by the Claimant from the
uninsured defendant on account of or in respect of any
such judgment shall be deducted from the sum payable by
the Insurers pursuant to this clause and provided further that
the provisions of clause (21) hereof as to the maximum
liability in respect of all claims arising out of one accident
or disaster and the abatement of claims shall apply to any
payment under this clause.
(28) Any claimant who desires to claim upon the Insurers
in pursuance of clause 27 hereof shall give written notice (to
be sent by Registered Post) to the Commissioner of Transport
stating the following:
(a) The full name, address and occupation of the claimant.
(b) The date, time and place of the accident giving rise to
the action brought by the Claimant.
(c) A certified copy of the judgment obtained by the
Claimant against the Defendant.
(d) 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.
(29) If the Insurers shall recover under a judgment assigned
by the Claimant 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.
(30) The Insurers shall not be under any obligation to
enforce any judgment assigned nor shall the Insurers be liable
for any failure to enforce the said judgment.
(31) The Commissioner of Transport shall forward all
notices and applications received in terms of this Part of
these Articles of Agreement to the General Manager of the
State Fire Office who is the authorised agent of the Insurers
to deal with all such notices and applications in respect of the
benefits conferred by these Articles of Agreement.
PART III—GENERAL
any accident that occurs prior to the date of the publication
of this agreement in the New Zealand Gazette but on and
after the said date of publication the said existing agreement
shall cease to be in force except with regard to any claim
arising in respect of any accident that occurs prior to that
date.
(38) Any of the Insurers may withdraw from this agreement
and the provisions hereof upon giving to the Minister of Trans-
port not less than three calendar months' notice in writing
expiring on the 30th day of June in any year of its intention
to do so and upon the expiration of such notice such Insurer
shall cease to be under any liability under or in respect of
this Agreement or the provisions hereof but it shall in such
case remain liable to the Commissioner for its proportion of
any claim theretofore or thereafter made in respect of any
accident occurring before the expiration of such notice. Not-
withstanding any such withdrawal or withdrawals as afore-
said and subject as aforesaid this agreement and the provisions
hereof shall continue to bind the other Insurers who shall
not have withdrawn as if they were the only parties hereto.
The liability of any party to these present shall not be affected
by failure to become a party hereto on the part of any person,
company or corporation whose participation herein may have
been in contemplation.
(39) Upon giving not less than three calendar months'
notice in writing to the Insurers the Minister of Transport
may terminate this agreement but so that the same shall
continue to have effect in respect of any accident occurring
before the expiration of such notice.
(40) The Minister shall arrange for the publication of this
Agreement in the New Zealand Gazette as soon as possible
after the date of its execution by all parties to the agreement
and this said agreement shall be deemed to come into force on
the date of the said publication thereof.
Dated at Wellington this 4th day of November 1961.
A. E. FORSYTH, Commissioner of Transport.
Classification of Roads in Papakura Borough
PURSUANT to subclause (8) of regulation 3 of the Heavy
Motor Vehicle Regulations 1955, the Commissioner of Trans-
port, in accordance with a decision of the National Roads
Board, hereby declares that the roads described in the
Schedule hereto shall be classified in Class Two.
SCHEDULE
ROADS CLASSIFIED IN CLASS TWO
ALL roads under the control of the Papakura Borough
Council.
Dated at Wellington this 31st day of October 1961.
A. E. FORSYTH, Commissioner of Transport.
S.R. 1955/59
Amendment No. 1: 1956/39
Amendment No. 2: 1960/61
Amendment No. 3: 1961/9
(TT. 8/8/179)
Members of Bobby Calf Pool Committees Elected
PURSUANT to the Bobby Calf Marketing Regulations 1955,
notice has been received by the New Zealand Dairy Produci-
tion and Marketing Board that the persons whose names are
set out under the name of each Bobby Calf Pool Committee
in the Schedule hereto have been duly elected as members
of that committee.
SCHEDULE
Broadwood Bobby Calf Pool Committee
Leslie Grounds,
James Vivian Raynel,
John Samson,
Alfred John Lane,
Graham Menary Dunning,
Robert Clifton Proctor, and
Francis James Hick.
Hamilton Federated Bobby Calf Pools Committee
Dennis Laight Brett,
Francis Joseph de la Rue,
Wilfred Archer Bridgman,
Albert Edward Riddington,
Robert Edward Harris,
Christopher Charles Perkins,
William Aikin,
James Murray Seath,
Alfred Dennis Flavell,
Lester Wilfred Masters,
Seth David Silcock,
Hardy Lee Sweetman,
Peter Miller Nicol,
Geoffrey Leslie Kelk,
Norman Armstrong, and
Samuel Stephens.
(32) Any award or payment made in accordance with Parts
I or II hereof shall be deemed to include any advance made
and any amount paid as wages or compensation under the
Workers' Compensation Act and any other sums which may
be recoverable by any third person whether paid or to be
paid to the Claimant and the Claimant shall disclose all such
amounts to the Insurers who may pay the same and deduct
such amounts or amount from the amount payable to the
Claimant and the Claimant shall if required so to do sign an
indemnity in respect of any amount which may not have been
disclosed or in respect of which any claim may thereafter be
made.
(33) The total amount (including all costs payable or
incurred and including party-and-party costs) payable under
any award made or required to be paid to any Claimant in
accordance with the provisions hereof together with the legal
and other costs incurred by the State Fire Insurance Office
General Manager in handling the claim shall be collected by
the Commissioner of Transport from the Insurers and there-
after disbursed by him to and through the State Fire
Insurance Office General Manager; but the Commissioner
shall be liable to pay as aforesaid only such amount as he
actually receives.
(34) Each of the Insurers shall contribute such proportion
of the total amount payable to the Commissioner of Transport
as the amount payable to it under subsection (2) of section
77 of the Transport Act 1949 for the year in which the
accident giving rise to the claim occurred bears to the total
premiums received under subsection (1) of the said section
77 during the months of July August and September.
(35) Each of the Insurers hereby authorises the Registrar of
Motor Vehicles to give to the Commissioner of Transport such
information as the latter may require to enable the Commis-
sioner to assess each of the Insurers with the proportion of
the total amount payable by each Insurer in respect of each
claim.
(36) For the purpose of collecting the necessary amount the
Commissioner shall notify each Insurer in writing of such
total amount and of the proportion thereof payable by it and
the assessment of the Commissioner shall be accepted by each
Insurer as final and conclusive; and each Insurer shall pay
such proportion to the Commissioner within seven days after
receiving such notification.
(37) The provisions of the existing agreement referred to in
this agreement shall apply to all claims made in respect of