1950

THE NEW ZEALAND GAZETTE
No. 95

(iv) Part Delivery—Where the selling member has part
of the securities available, he may make a part delivery
provided the part delivery:
(a) is a marketable parcel; or
(b) is such other quantity as the buying member agrees
to accept; and
(c) is accompanied by a delivery slip marked “Under
Notice—Part Delivery” and sets out full details of
the contract, the quantity, and amount of the part
delivery and the balance of securities and the amount
still outstanding; and
(d) is made on or before the fifth business day after the
giving of the notice.
(v) Notice in Succession—The selling broker may give notice
in succession in terms of the foregoing paragraphs of this
rule to any other broker whether or not a member of the
same Exchange either as to all or as to part of the securities
in the original notice, and any broker receiving such a notice
in succession shall have a similar right. A notice in succession
shall state the name of the broker first giving notice and
shall operate as direct notice from that broker to the selling
broker named in each notice in succession to the extent that
a further notice in succession is not given. Every giver of
a notice in succession shall forthwith send a copy of such
notice to his Exchange, to the Exchange of the recipient and
to the broker first giving notice.
(vi) Buying in—Where any broker receives notice and fails
to give notice in succession to another broker as to all of
the securities in the first notice, the Chairman of the first-
named broker’s Exchange may buy against such broker the
securities in respect of which such broker has not given
notice in succession on the sixth business day after the giving
of the first notice.
(vii) Advice of delivery—Where the seller makes delivery
in part or in whole before the Chairman has bought in in
accordance with paragraph (vi) of this rule, he shall advise
the Chairman accordingly and such advice shall be deemed
to cancel the notice to the extent of the delivery made.
(viii) Penalties—A member giving, under paragraphs (v)
or (vii) of this rule, notice or advice which is false in any
material particular shall be liable to a fine not exceeding
$200.
(ix) Delivery—When a chairman buys in in accordance with
paragraph (vi) of this rule, he shall advise the ultimate
buyer of such fact and upon the further advice from the
Chairman that the documents concerned have been delivered
the ultimate buyer will forthwith tender to the Chairman
the consideration of the transaction from which the notice
arose or such proportion of such transaction as is applicable
and upon receipt of such consideration the Chairman will
forward the appropriate documents.
(x) Settlement—Upon receipt of the moneys as aforesaid
the Chairman receiving the same shall as far as they will
extend use the same in adjustment of differences. For this
purpose, such Chairman shall obtain and shall be entitled
to demand the necessary information from any Exchange
of which members are concerned in the transaction. All
moneys available from time to time shall be distributed
rateably to those members thereto entitled.
(xi) Deficiency—If the moneys received are deficient for
this purpose the Chairman shall demand from the seller
ultimately named the deficiency and to the extent to which
moneys are so recovered, distribute the same to adjust the
difference between brokers connected with the transaction.
(xii) Surplus—Any surplus after adjustment of differences
and payment of the Chairman’s expenses in connection with
the transaction shall be the property of the original seller.
(xiii) Buying in Separate Lots—The Chairman purchasing
securities as aforesaid may purchase in one or more lots
at such time or times as he thinks fit.
(xiv) No Relief From Liability—Nothing in this rule shall
relieve any member from the liability to the member with
whom he has immediately contracted, save in so far as such
liability is satisfied by the adjustment of differences and
save as provided in paragraph (xvii) hereof.
(xv) No Delivery After Chairman Buys—If the Chairman
has bought in in accordance with this rule in whole or in
part, then the original seller shall not be entitled to deliver
save to the extent that the chariman has not bought in.
(xvi) Time Limit—If the chairman required to buy in by
this rule has not bought in at the expiration of 3 days from
the date first upon which he is to buy in, the ultimate buyer
may require the President of the Association to fix a cash
price as the basis for settlement of the transaction. In that
case the Chairman shall adjust the transaction between all
parties with money demanded from the original seller in a
like manner to the adjustment where such chairman actually
buys in.
(xvii) Transaction Cancelled—Where the provisions of
paragraph (xvi) have been invoked, the transactions shall
be deemed to have been cancelled and such cancellation shall
be operative as between all members in the transaction.
120. On the first business day of no more than 2 months
in each calendar year, it shall be mandatory for all members
to give notice in accordance with rule 119 (i) in respect
to all deliveries which have been outstanding for more than
1 month. For the purpose aforesaid, the President shall
nominate the month or months in each calendar year and
members will be given at least 10 business days’ notice of
any day so fixed.
Approved in Council:
P. G. MILLEN, Clerk of the Executive Council.
(Leg. 26/2/16 (6))

Exempting Land in Otago Land District From the Operation
of Part III of the Coal Mines Act 1925
DENIS BLUNDELL, Governor-General
PURSUANT to section 171 of the Coal Mines Act 1925, I,
Sir Edward Denis Blundell, the Governor-General of New
Zealand, do hereby exempt the land described in the Schedule
hereto from the operation of Part III of the said Act.
SCHEDULE
BOROUGH OF KAITANGATA
Lot 1, D.P. 8875, being part Section 4, Block XXXI, Town
of Kaitangata: area, 390 square metres, more or less. All
certificate of title, Volume 396, folio 274.
Save and excepting for Her Majesty the Queen all seams
or beds of coal and all other minerals and metals, and
reserving to Her Majesty the Queen and all persons legally
entitled to work the said coal, minerals, and metals, a right
of ingress, egress, and regress under the said land.
As witness the hand of His Excellency the Governor-
General this 3rd day of October 1973.
F. M. COLMAN, Minister of Mines.
(Mines 11/47/8)

Exempting Land in South Auckland Land District from the
Operation of Part III of the Coal Mines Act 1925
DENIS BLUNDELL, Governor-General
PURSUANT to section 171 of the Coal Mines Act 1925, I,
Sir Edward Denis Blundell, the Governor-General of New
Zealand, do hereby exempt the land described in the Schedules
hereto from the operation of Part III of the said Act.
FIRST SCHEDULE
Area
m2
731
(0 a 0 r 28.9 p)
3,743
(0 a 3 r 28 p)
2,984
(0 a 2 r 38 p)
7,031
(1 a 2 r 38 p)
3,773
(0 a 3 r 29.2 p)
3,599
(0 a 3 r 22.3 p)
4,223
(1 a 0 r 7 p)
2,516
(0 a 2 r 19.5 p)
ha
1.4687
(3 a 2 r 20.7 p)
m2
159
(0 a 0 r 6.3 p)
Part Allotment 64, Pepepe Parish.
Part Lot 1, D.P. 15542, being part Allotment
150, Pepepe Parish.
Part Lot 2, D.P. 15542, being part Allotment
150, Pepepe Parish.
Part Allotment 144, Pepepe Parish.
Part Lot 4, D.P. 15539, being part Allotment
152, Pepepe Parish.
Part Lot 3, D.P. 15539, being part Allotment
152, Pepepe Parish.
Part Lot 2, D.P. 15539, being part Allotment
152, Pepepe Parish.
Part Lot 1, D.P. 15539, being part Allotment
152, Pepepe Parish.
Part Allotment 151, Pepepe Parish.
Part Allotment 85, Pepepe Parish.
As the same are more particularly defined on S.O. Plan
24194, and situated in Block XIV, Rangiriri Survey District,
and being the surface together with the subsoil above a
plane 100 ft below and approximately parallel to the surface,
and being part of the land comprised in certificate of title 673,
folio 130.