This Act may be cited as the Auckland Harbour Bridge Empowering Act, 1931.

In this Act, unless the context otherwise requires,—

On and after the first day of January, nineteen hundred and thirty-two, the board of directors of the company shall consist of not more than twelve nor less than seven persons, of whom—

As to each of the three appointed directors the following provisions shall apply:—

The term of office and the conditions of appointment of the three appointed members shall be fixed and determined by the authority making the appointment.

The first directors to hold office as provided by paragraph (e) of section three hereof may, in the first instance, be determined by lot or by agreement, or partly by lot and partly by agreement, among the present directors of the company. Such directors shall hold office, and retire from office, in accordance with and otherwise be governed by the rules contained from time to time in the articles of association of the company.

The directors first appointed and elected as aforesaid shall take office on the first day of January, nineteen hundred and thirty-two, and thereupon the directors then previously in office shall cease to hold office.

With respect to the board as hereinbefore constituted under this Act, and the members thereof, the following provisions shall apply:—

The chairman and the deputy chairman of directors shall hold their respective offices as chairman and deputy chairman for one year. In the absence of the chairman from any meeting the deputy chairman shall preside as chairman of that meeting. In the event of the office of the chairman of directors becoming vacant for any reason, the deputy chairman shall forthwith become chairman of directors until the expiration of the term for which the chairman was elected chairman of directors. In the event of the office of deputy chairman of directors becoming vacant for any reason, the directors shall thereupon as soon as is convenient elect one of their number to be deputy chairman of directors, to hold office until the expiration of the term for which his immediate predecessor in office was elected to hold office. Both the chairman and deputy chairman shall be eligible for re-election, and the offices shall be filled by election at the first meeting of the board held in the month of January in each year.

The remuneration of the directors whilst they hold office shall be—

Irrespective of such remuneration as aforesaid, the chairman and deputy chairman and every member of the board attending any meeting of the board or when travelling on business connected with the company shall be entitled to receive in respect thereof his travelling-expenses according to a scale to be fixed by resolution of the board.

For the purposes of this Act the company shall be deemed to be a local authority within the meaning of the Public Works Act, 1928, and, except as to land vested in the Auckland Harbour Board, shall have all the powers and privileges, duties, and obligations vested in or imposed on local authorities by Parts II, III, and IV of such Act.

For the purpose of enabling the company to erect the bridge on and over land vested either in His Majesty the King or the Auckland Harbour Board, the Minister on behalf of His Majesty the King, may, and the Auckland Harbour Board shall, grant when requested so to do by the company such perpetual easements over or licenses of all those parcels of land described in the Second Schedule to this Act to the company at an annual rental to be agreed upon, payable by the company, and on such terms and conditions as will enable the company to carry out the provisions of, and to enjoy the privileges and benefits conferred upon it by, this Act.

Nothing in the last preceding section shall be deemed to affect or interfere with the control and jurisdiction of the Crown or the Auckland Harbour Board over the said parcels of land, except as such control and jurisdiction may be necessarily restricted by reason of the existence of the bridge; nor shall it be lawful for the company or any other person to prevent, hinder, or in any way interfere with such control and jurisdiction, or the passage or repassage of any boat, ship, vessel, craft, or floating thing under the bridge.

The company shall, as soon as practicable after the coming into operation of this Act, cause to be prepared such complete plans, specifications, and conditions of contract of the bridge as the Minister may deem necessary.

Such plans, specifications, and conditions of contract shall provide that the longitudinal and vertical clearances of the navigation span of the bridge shall be not less than the dimensions recommended for such span by the Waitemata Harbour Transit Facilities Commission of nineteen hundred and twenty-nine.

The company shall comply with the requirements of the Crown and the Auckland Harbour Board with respect to the erection of the bridge as an open-pile structure across St. Mary’s Bay boat-harbour.

Such plans, specifications, and conditions of contract shall also provide for watermains, gas-pipes, electric-fight and telephone wires, and electric-power cables to be carried by the bridge over the Auckland Harbour.

Such plans, specifications, and conditions of contract shall also provide for the erection and completion of the bridge, and shall include and provide for the erection and completion of such necessary approaches and embankments as will provide a continuous roadway or street, commencing from the western end of Fanshawe Street, in the City of Auckland, continuing over the bridge, and joining Queen Street, in the Borough of Northcote.

Eight copies of such plans, specifications, and conditions of contract shall thereupon be prepared, and of these two copies of each shall be forwarded to the Auckland Harbour Board, the Auckland City Council, and the Northcote Borough Council for their respective approvals.

The right of approval or otherwise given by the last preceding section to the Auckland Harbour Board, the Auckland City Council, and the Northcote Borough Council shall be limited to the conditions of contract and to the following matters:—

All costs, charges, and expenses incurred] individually or collectively by the Auckland Harbour Board, the Auckland City Council, and the Northcote Borough Council relative to any investigations or the obtaining of information deemed necessary by any of them before the giving of such approval or approvals or otherwise shall be paid by the company.

Upon the Auckland Harbour Board, the Auckland City Council, and the Northcote Borough Council being satisfied with such plans, specifications, and conditions of contract, they shall forthwith notify the company of their approvals. The company shall thereupon comply with the requirements of the Harbours Act, 1923, for the purpose of obtaining the approval of the Governor-General in Council of such plans, specifications, and conditions of contract.

The said plans, specifications, and conditions of contract thus approved, together with any alterations or variations thereof duly approved from time to time in the manner hereinafter set forth, are hereinafter referred to as “the approved plans”.

If the company at any time or from time to time desires, or is required by the Minister, to add to, vary, delete, substitute, or otherwise make any alteration in the approved plans, the company shall cause plans, specifications, and amended conditions of contract of the proposed additions, variations, deletions, substitutions, or alterations to be prepared and approval obtained in the manner set forth in sections nineteen to twenty-one hereof.

For the purposes of this Act the company shall at all times and from time to time comply with the requirements of the Harbours Act, 1923.

The company shall build the bridge in accordance with the approved plans within a period of four years from the date on which the company is authorized by the provisions of this Act to commence the erection of the bridge.

The Minister, however, may extend from time to time such period of four years for such further period or periods as he may deem fit on application being made to him by the company for such extension or extensions, provided that no such extension shall be granted unless the company first satisfies him that it or its contractors have been delayed or hindered by strikes or by any other matters over which the company or its contractors have no control.

Subject to the next succeeding section, in the event of the company failing to commence and carry on the erection of the bridge in accordance with the approved plans within a period of two years, calculated from the date the approved plans are received by the company, all the powers and privileges conferred upon the company by this Act shall be cancelled, and this Act shall become inoperative as from the expiration of such period of two years.

If the company shall satisfy the Minister that it has a reasonable prospect of commencing the erection of the bridge within a period of three months from the expiration of such period of two years referred to in the last preceding section, the Minister may extend the time for the coming into operation of the last preceding section for such period of three months.

Before commencing construction of the bridge the company shall pay into the Public Account such sum, not exceeding five thousand pounds, as the Minister may require to cover the cost of expenses incurred; of this sum, any unexpended portion shall be refunded to the company upon completion of the bridge.

The Auckland Harbour Board, the Auckland City Council, and the Northcote Borough Council (hereinafter referred to as the three local authorities) shall make such provisions as they deem fit, at the expense of the company, for the approved plans to be complied with in the erection and completion of the bridge.

For the purpose of this Act the three local authorities shall have the following powers:—

Upon completion by the company of the erection of the bridge in accordance with the approved plans, the three local authorities shall issue a certificate under their hand, stating that the bridge has been thus completed and that it may then be opened for traffic.

Any dispute that may arise between the company and the Auckland Harbour Board, or the Auckland City Council, or the Northcote Borough Council, touching any alleged breach of or variation from the approved plans, or any approval or disapproval of any of the plans, specifications, or conditions of contract, or the said plans, specifications, and amended conditions of contract of any proposed additions, variations, deletions, substitutions, or alterations, or any other engineering question whatsoever, shall be referred to two experienced bridge engineers, one to be appointed by the company and the other by the other party to the dispute, for the purpose of arbitration in accordance with the provisions of the Arbitration Act, 1908.

For any purpose whatsoever the copy of the approved plans deposited in the office of the Minister shall be conclusive and exclusive evidence of their accuracy and of their contents, and of the approval of the Minister and of the Governor-General in Council in accordance with the provisions of this Act, and of the Governor-General in Council in accordance with the Harbours Act, 1923.

During the period of erection, construction, and maintenance and management of the bridge by the company, the company and its servants or contractors shall comply with all reasonable requests, stipulations, and requirements of the Auckland Harbour Board for the purpose of ensuring that there will be no needless interference on the company’s part with shipping and navigation, and for the ensuring also of the preservation of the harbour-bed, embankments, breakwaters, tidal flow and ebb, and for the safeguarding of the Auckland Harbour and the wharves and works therein situated, on the part of the company.

If the company does or permits to be done any act, or fails to prevent any act being done, which the Auckland Harbour Board considers to be a breach of the provisions of section thirty-four hereof, it may forward particulars of the matters complained of to the Minister, who may deal with such complaints in the manner set forth in the Harbours Act, 1923.

Should the Auckland Harbour Board, or its Superintendent, Engineer, or Harbour-master, be of the opinion that any of the breaches mentioned in the last preceding section be of such a serious nature that the delay that would be caused by its compliance with the provisions of the last preceding section may result in serious damage or loss of life, limb, or property, or interference with navigation, the Auckland Harbour Board may forthwith take what reasonable steps it deems necessary to prevent such damage or loss being sustained.

The costs and expenses incurred by the Auckland Harbour Board in taking such necessary steps as aforesaid shall be borne by the company, and may be recovered by the Auckland Harbour Board as a debt owing to it by the company.

Upon receipt by the company from the Minister of the approved plans, the company shall forward to the three local authorities a statement setting forth the estimated cost for the erection and completion of the bridge. The estimated cost shall include and provide for—

In addition to the said estimated cost the company may provide for and forward from time to time to the three local authorities memoranda showing certain expenses, charges, and contingencies which the company deems fit to make provision for. Such expenses, charges, and contingencies shall be confined to the following:—

Upon receipt by the three local authorities of the statement setting forth the estimated cost, they shall cause the same to be examined forthwith by three engineers, one engineer to be appointed by each of them; and for the purpose of such examination they may require the company to furnish the said engineers with details of the various quantities of material upon which the company has based its estimated cost. The company shall settle with the three local authorities as to the costs and expenses of such examination, which shall be paid by the company.

Upon the three local authorities receiving a report from the said engineers that a fair and reasonable estimate of the cost considering the work and risk involved has been fixed as between the company and them, or any two of them in the case of dispute or disagreement, they shall notify the company in writing of the amount of such estimated cost as thus determined (such amount being hereinafter termed the fixed contract price).

From time to time as the amounts of any of the expenses or charges mentioned in section thirty-nine hereof are ascertained, or settled with, or agreed to by the company, or in the event of any of the contingencies mentioned in such section happening or occurring, the company may forward from time to time to the three local authorities full details of such amounts and extra costs occasioned by such happenings and occurrences. Whereupon the three local authorities, upon being satisfied with the reasonableness and accuracy thereof, shall allow such amounts and extra costs, after deducting the amount of any decrease of cost in the erection of the bridge due to any of the said contingencies, to be added to the fixed contract price (such amounts and extra costs being hereinafter referred to as the approved extra costs).

For the purpose of ascertaining whether the amount of such expenses and charges and the extra costs aforesaid are reasonable and accurate, the company shall supply the three local authorities with such information as they may require for that purpose.

It shall not be lawful for the company to commence the construction and erection of the bridge until it has done each and all of the following things, that is to say:—

Nothing contained in this Act shall be deemed to mean or infer that the three local authorities shall be in any way whatsoever responsible for the payment of the fixed contract price or any approved extra costs, or for the due completion of the contract, nor shall the three local authorities be, or be deemed to be, the principal in respect of this undertaking for the purposes of the Workers’ Compensation Act, 1922, or for any other purpose not specifically provided for in this Act.

For the purpose of obtaining the necessary money in order to build the bridge, it shall be lawful for the company to give a mortgage or mortgages, debenture or debentures, or in any other way give other security for the repayment of the said money, together with the payment of interest thereon, from time to time, over the bridge, and the interest in the land or part of the land vested in the company, and the tolls which the provisions of this Act authorize the company to impose and collect; but the terms of such mortgage or mortgages, debenture or debentures, or other security shall be subject to the restrictions imposed by this Act.

It shall not be lawful for the company to give security in accordance with the provisions of the last preceding section for a principal sum or sums in excess of the following amounts:—

It shall not be lawful for the, company to obtain, either by means of debenture or mortgage capital or payments of share capital, a capital sum in excess of the fixed contract price and the approved extra costs without the consent of the three local authorities.

It shall be lawful for the company to covenant to pay interest on the amount of money owing from time to time and secured by the aforesaid mortgage or mortgages, debenture or debentures, or other such security; but the average rate of such interest shall not be such as to give a return to the lender or lenders exceeding seven pounds ten shillings per centum per annum, spread over the total sums secured by such mortgage or mortgages, debenture or debentures, or other such security.

Interest may be payable either in the United Kingdom or in New Zealand, or in such other countries as may be provided in the contracts made by the board with the lenders.

The company may from time to time make by-laws for the following purposes, and the company may from time to time repeal or alter such by-laws and make others, provided that such by-laws be not repugnant to the laws of the Dominion of New Zealand or to the provisions of this Act:—

By-laws shall be made only in the manner and subject to the conditions following:—

Any by-law may in like manner be amended or revoked.

Nothing contained in this Act shall be deemed to restrict or prohibit the board from making any by-laws or rules to control its meetings in accordance with the rules laid down in the articles of association of the company.

Every person guilty of a breach of any by-law made under the provisions of this Act is liable to a fine not exceeding twenty pounds; or where the breach is a continuing one, then to a fine not exceeding five pounds for every day or part of a day during which the breach continues.

The company may, after the conviction of any person for the continuing breach of any by-law, apply to the Supreme Court for an injunction to restrain the further continuance of such breach by such person.

The continued existence of any work or thing in a state contrary to any by-law shall be deemed a continuing offence within the meaning of this section.

A by-law may authorize the company or any officer thereof to pull down, remove, or alter any work, material, or thing erected or being in contravention of any by-law, and to recover from the person committing the breach all expenses incurred by the company in connection with such pulling-down, removal, or alteration.

The exercise of this authority shall not relieve such person from liability to any penalty incurred by reason of such breach.

The production of any document purporting to be a printed copy of any by-law made in whole or in part under the authority of this Act, and to be sealed with the common seal of the company, shall, until the contrary is shown, be sufficient evidence of such by-law having been duly made, and that the same duly came into force on the day mentioned in that behalf in such copy of the by-laws.

The company shall cause printed copies of all by-laws to be kept at the office of the company, and to be sold at a reasonable charge to any person applying for the same.

Nothing in this Act or in any by-law made thereunder shall be deemed to relieve any person from any penalty or action to which he would otherwise be liable in respect of anything done by him in breach of any such by-law.

All fines paid and recovered for any offence created or for any breach of a by-law made under the provisions of this Act, except fines payable by the company, shall be paid by the Clerk, or other proper officer of the Court in which such fines are payable, to the company.

For the purposes of this Act all fines paid to the company in accordance with the provisions of this section shall be deemed to be a toll within the meaning of this Act, and shall be applied by the company accordingly.

The Clerk or other proper officer of the Court in which any such fines are inflicted shall once in every three months furnish the company with a written statement, signed by him, of all such fines, distinguishing therein those that have from those that have not been paid to the company.

When any fines which ought to be paid to the company are by law required or permitted to be paid in stamps, and have been so paid, the Clerk or other proper officer aforesaid shall certify to the Minister of Finance the amount of the same, that they have been so paid, and that the company is entitled to receive the same; and thereupon the said Minister, without further appropriations by Parliament than this Act, shall pay the amount of such fines out of the Consolidated Fund to the company.

This section shall be read subject to the provisions of subsection two of section thirteen of the Finance Act, 1927 (No. 2).

It shall be lawful for the company to, and the company shall, as soon as conveniently may be, after a passage shall be made over the proposed bridge, cause to be erected a toll gate or gates, or toll house or houses, gates, and bars, at or upon the roads and streets leading to the bridge, within a distance of two hundred yards from the point of the actual commencement of the bridge.

In fixing the site or sites for the erection of such toll gate or gates, toll house or houses, gates, and bars, the company shall obtain the approval of the local body or authority having control over such roads and streets as to a suitable site or sites for such toll gate or gates, toll house or houses, gates, and bars.

Subject to the provisions of the next three succeeding sections, it shall be lawful for the company to, and the company shall, demand and take at the toll gate or gates, or toll house or houses, to be erected as aforesaid, before any animal or beast, or any carriage, wagon, cart, vehicle, motor-omnibus, engine, or thing shall pass or return over the bridge or through the same, tolls not exceeding the tolls set out in the First Schedule to this Act.

No toll shall be payable unless the following conditions are observed, that is to say:—

It shall not be lawful for the company to demand or take any toll for the passage or repassage of any human being over the bridge.

Animals and vehicles employed solely in carrying the following persons or their tools and materials shall be exempt from the payment of tolls:—

Any person falsely claiming exemption from the payment of any tolls shall be liable to a fine of not less than two pounds nor more than five pounds, and the proof of being exempt shall he with the person claiming to be so exempt.

The company may recover from any person refusing to pay a toll for which he is liable the amount of such toll, together with such compensation for loss of time and the expense in recovering the same as the Court hearing the same determines.

Every person who attempts by force to evade the payment of a toll, or resists or obstructs any toll-keeper or other servant of the company in the execution of his duty, is liable to a fine not exceeding twenty pounds.

Every servant of the company is liable to a fine not exceeding five pounds who does any of the following things:—

The company shall be liable to a fine not exceeding five pounds if it fails to maintain the board required by paragraph (b) of section sixty-two hereof in a legible condition.

The company shall issue a ticket for every toll paid, which shall show the amount of the toll paid and what it has been paid in respect of; and for every refusal on the company’s part to give such a ticket on demand it shall be liable to a fine not exceeding five pounds.

Every person is liable to a fine not exceeding five pounds who with intent fraudulently to evade payment of any toll transfers such a ticket to another person, or uses a ticket so transferred, or alters or forges such a ticket with intent fraudulently to evade payment of any toll.

Subject to the provisions of this Act, the company shall have the full control and management of the bridge.

The company shall employ such officers, employees, and servants as the board deems necessary for the proper administration, management, and control of the bridge, and on such terms and conditions as the board shall determine.

The company may also consult, employ, and pay such solicitors, engineers, and other professional men, and pay for such expert advice as the board deems necessary in order to adequately control and administer the bridge.

From the date the bridge is opened for traffic the company shall keep the bridge in good order, condition, and repair.

For the purpose of ascertaining whether the bridge is being kept in such good order, condition, and repair, the Minister of Public Works may appoint an officer of the Public Works Department to inspect the bridge at least once in every twelve months at the expense of the company, and such officer shall forward to the Minister of Public Works a certificate setting forth any work or other matters requiring attention.

The Minister of Public Works may thereupon require the company to do such work or attend to such matters within such period as he determines.

For every day or part of a day the company fails to remedy the said matters complained of, after the expiration of the said period, the Minister of Public Works may, in his discretion, impose upon the company a penalty not to exceed the sum of fifty pounds a day, which penalty may be recovered in any Court of competent jurisdiction as a debt due to the Crown.

In respect of the trust account hereinafter referred to, the board shall from time to time appoint an auditor approved by the three local authorities at such remuneration as may be fixed by the three local authorities to be paid by the company as the board shall determine.

Within one month from the expiration of every twelve months from the date the bridge is opened for traffic the auditor shall render to the company and to the three local authorities, and to any other local authority requiring the same,—

The auditor may be removed from office by the board at any time and without any reason being given to him for such removal, and upon any such removal the company shall not be under any liability in respect of payment of compensation to such auditor.

Any auditor may resign his office by giving one month’s notice in writing to the board of his intention in that behalf, and his resignation shall take effect at the expiration of the said term, unless the board agrees to release him sooner.

For the purpose of enabling the said trust account to be audited, the company shall keep such books and records as the auditor may require from time to time, and for that purpose shall institute such method or methods of collecting tolls, giving and issuing receipts and tickets, as will enable such trust account to be audited in a fit and proper manner.

The company shall, as soon as it is in receipt of tolls, open up a trust account with its bankers, and all tolls received by it shall be paid as hereinafter provided into such trust account.

Subject to the provisions of the next succeeding section, all sums of money received and collected by the company from day to day by way of tolls, shall be banked at least twice daily, to the credit of the company’s trust account.

On Sundays and other bank holidays such moneys shall be banked as early as possible on the day following such Sunday or bank holiday.

All moneys representing tolls collected by the company and not banked shall be kept in such manner and in such safe custody as the board shall from time to time decide.

It shall not be lawful for the company to operate on such trust account in any way and for any purpose whatever other than in the manner allowed and for the purposes set forth in sections eighty-eight and ninety hereof.

With the consent of the auditor first had and obtained, the board may arrange for the company’s bankers to pay interest on the moneys lying from time to time in the company’s trust account, or may withdraw certain sums from time to time from such trust account and place the same upon fixed deposit with any bank approved by the auditor for a period or periods not exceeding eleven months.

All interest that thus accrues from time to time shall for the purposes of this Act be deemed to be tolls, and shall be dealt with accordingly.

During the period of twelve months calculated from the date the bridge is opened for traffic, and during every subsequent period of twelve months, the funds standing to the credit of the company from time to time in the trust account, including any funds taken from the trust account from time to time and placed on fixed deposit, shall be dealt with by the board in the manner and in the priority following:—

The board shall appoint such persons as the three local authorities may approve to be Commissioners, to whom the company shall pay all moneys so appropriated as a sinking fund, or for the repayment of such of the said mortgage or mortgages, debenture or debentures, or other such security becoming due by periodical instalments (if any), and such Commissioners shall invest such moneys, together with all interest and profits accruing therefrom, in such securities as are authorized by the Trustee Act, 1908.

Subject to the approval of the three local authorities the board may, in its discretion, remove or suspend any Commissioner appointed under this section, and reappoint or reinstate him, or appoint another in his stead; and may appoint another in the place of any deceased, absent, or otherwise incapacitated Commissioner.

The purchase by the Commissioners of any debenture or mortgage as aforesaid, or any payment in reduction of money secured by any such mortgage or debenture securing repayment of the whole or any part of the loan for which this sinking fund has been created, shall be deemed to be an investment of the sinking fund within the meaning of this section.

The Commissioners appointed under the last preceding section shall be deemed to be a body corporate with perpetual succession and a common seal, and power to do and suffer all things which bodies corporate may do and suffer.

All vacancies arising in the office of any Commissioner shall be filled as they arise by new appointments, to be approved by the three local authorities.

When the accumulated sinking fund is equal in amount to the amount of the sum or sums secured by the aforesaid mortgage or mortgages, debenture or debentures, or any other such security as aforesaid, it shall be applied by the Commissioners in repaying such sum or sums.

In the case of periodical drawings the Commissioners shall from time to time pay out of moneys paid to them for that purpose, and the accumulations thereof (if any), the amount of all mortgages or debentures coming due, according to the conditions on which the loan was raised.

The Commissioners shall, whenever required, render to the company or to the auditor accounts of all moneys and all securities in their hands.

From year to year, immediately after the board has dealt with the funds standing to the credit of the company in the trust account in the manner set forth in section ninety hereof, the Commissioners shall render to the company a balance-sheet showing all transactions in respect of such moneys or securities during the year ending on that day.

Such balance-sheet shall be accompanied by a certificate, signed by the auditor, of all the securities held by the Commissioners.

The period for which the company shall collect tolls and manage and superintend the bridge in accordance with and subject to the provisions of this Act shall be determined as follows:—

When the money, together with the interest thereon, secured by the mortgage or mortgages, debenture or debentures, or other such security mentioned in section forty-five hereof has been duly repaid, the company shall cause such mortgage or mortgages, debenture or debentures, or other such security to be discharged and released from the bridge and tolls.

In the event of the option to purchase the bridge as provided by section one hundred and three hereof being exercised by the authorities named in such section, or at the expiration of the period referred to in section ninety-five hereof, the company shall, when called upon so to do, forthwith transfer the bridge, together with all the lands, buildings, and rights appertaining thereto, to such authority or authorities, corporation or corporations, municipal or otherwise, as the Auckland City Council and the Northcote Borough Council shall determine as a free bridge for the use of the public, subject nevertheless to the right of navigation by water and the right of levying tolls as provided in subsection two hereof.

The company shall not be required to pay any costs, expenses, or charges whatever incurred in the transfer of the bridge, and the land and buildings appertaining thereto, and due provision shall be made by the Auckland City Council and the Northcote Borough Council, whether by way of tolls or otherwise, whereby the authority or authorities to whom the bridge shall be transferred may obtain sufficient moneys for the payment of such costs, expenses, and charges, and the maintenance, repair, and management of the bridge.

In the event of the company or its contractors failing to complete the erection of the bridge in accordance with the approved plans, or if at any time the company should go into liquidation and if the holders of the mortgage or mortgages, debenture or debentures, or other such security secured over the bridge and tolls should thereupon refuse or fail to take over and assume the management and control of the bridge and the imposition, collection, and application of the tolls in accordance with the provisions of this Act, then in such case the bridge in whatever state of erection or completion it then may he shall be transferred to such authority or authorities, corporation or corporations, municipal or otherwise, as the Auckland City Council and the Northcote Borough Council shall determine.

For the purpose of thus effectually transferring the bridge the Governor-General may by Order in Council vest such legal estate and rights to collect tolls as is then vested in the company to the lands upon which the bridge is built in such authority or authorities, corporation or corporations.

Such vesting shall be made freed and discharged from the aforesaid mortgage or mortgages, debenture or debentures, or other such security.

The transfer of the bridge or any other action taken in pursuance of this section shall be deemed not to release, modify, or alter in any way the guarantees mentioned in section forty-three hereof.

Notwithstanding anything contained in this Act to the contrary, neither the Crown nor any authority or corporation, municipal or otherwise, other than the company, shall be called upon or become in any way whatever liable to pay for the cost or any part of the cost of or in connection with the bridge.

Notwithstanding anything that may be contained in this Act to the contrary, the company may reduce the scale of tolls or any part of the scale of tolls shown in the First Schedule hereto for such period or periods as the board may determine, and for that purpose may issue such concession tickets or make such other concessions as the board deems fit.

It shall not be lawful for the company to close the bridge, or prevent the passage of traffic on or over the bridge, except at any time when in consequence of any of the works being out of repair or in a state dangerous to allow the passage of traffic across the bridge, or from any other sufficient cause, the Minister may by notice in writing under his hand authorize the closing of the bridge for such period of time as he shall determine.

The company may, however, make by-laws prohibiting the passage or repassage or the going on to the bridge of certain kinds of animals, beasts, vehicles, or things during certain hours or times of the day, or the taking on to the bridge of certain dangerous, noxious, or explosive goods.

The following provisions shall apply with regard to any decision or approval of the three local authorities required by this Act:—

After the expiration of ten years from the date the bridge is opened for traffic the Auckland City Council and the Northcote Borough Council, or either of them, may, subject nevertheless to the right of navigation by water, purchase and take over the bridge, together with all land and buildings appertaining thereto and vested in the company, upon the following terms and conditions:—

In the event of any watermains, gas-pipes, electric-light and telephone wires, and electric-power cables being carried by the bridge over the Auckland Harbour, there shall be paid to the company or to the local authority or authorities controlling the bridge an annual rent for the use of the bridge for such purposes, to be agreed upon by the company and the other parties concerned.

If no such agreement can be arrived at, then the question shall be referred to two arbitrators, one to be appointed by the company and the other by the other party or parties to the dispute, for arbitration in accordance with the provisions of the Arbitration Act, 1908. For the purpose of such arbitration, the said annual rent shall be computed as five per centum of the capital cost expended by such party or parties in installing and providing such water-mains, gas-pipes, electric-light and telephone wires, and electric-power cables.

All payments and income received and to be received by the company by way of such annual rent, for the purposes of this Act, shall be treated by the company as tolls.

The cost of maintaining and repairing such water-mains, gas-pipes, electric-light and telephone wires, and electric-power cables shall be at all times at the sole expense and charge of the owner or authorities of such water-mains, gas-pipes, electric-light and telephone wires, and electric-power cables. Such owner or authorities shall at all times indemnify and protect the company from all or any damage that may from time to time be caused to the bridge without neglect or negligence on the part of the company by or through the presence on or over the bridge of such water-mains, gas-pipes, electric-light and telephone wires, and electric-power cables.

No advertising-matter of any description shall be placed or fixed on any part of the structure of the bridge so as to be visible to persons off the bridge.

All disputes, other than those referred to in section thirty-two hereof, arising from time to time between the company and any local authority as to the carrying-out and observance of any of the provisions of this Act shall be referred to two arbitrators, one to be appointed by the company and the other by the other parties to the dispute, for arbitration in accordance with the provisions of the Arbitration Act, 1908.

The Governor-General in Council may from time to time make such regulations as he may consider necessary to ensure compliance with and to give full effect to the provisions of this Act.

This Act is hereby declared to be a private Act.