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No. 14. In Executive Council. Wellington, 10th April, 1906. His Excellency the Governor is respectfully advised to sign the attached Order in Council under section 53 of "The Public Revenues Act, 1891," deciding that the sum of £18,000 extra pay to members in Second Division from Ist November, 1905, in the Appropriations for the year 1905-6, item 26 (Working Railways), is not pay as is affirmed by the Audit Office, but allowances within the meaning of section 2 of " The Government Railways Superannuation Fund Act, 1902." James McGowan. Approved in Council.— R.J.S., 18th April, 1906. * J. F. Andrews, Acting Clerk of the Executive Council. Plunket, Governor. Order in Council. At the Government Buildings, Wellington, this eighteenth day of April, 1906. Present: The Right Hon. R. J. Seddon presiding in Council. Whereas by section fifty-three of " The Public Revenues Act, 1891," it is provided that if the Audit Office declines to pass any credit requisition on the ground that the credit therein is not according to law, the matter in dispute shall be determined by the Governor in Council, having before him the opinion of the Attorney-General thereon: And whereas a dispute has arisen between the Audit Office and the Railway Department respecting certain credit requisitions under the following circumstances : (1) Section two of " The Government Railways Superannuation Fund Contribution Act, 1903," provides that for all the purposes of " The Government Railways Superannuation Fund Act, 1902," the pay of a member shall, as from the commencement of that Act, be deemed to be the rate of pay at which he is employed (but not including allowances or payment for overtime), and his contributions shall be deducted on this basis accordingly ; (2) In the parliamentary Appropriations for the year 1905-6, under item 26 (Working Railways), the sum of £18,000 was voted as " Extra pay to members in Second Division from Ist November, 1905"; (3) The Audit Office holds that the sum so voted is "pay " within the meaning of the section above referred to, and should therefore be taken into account when making deductions for the above-mentioned contributions, whilst the Railway Department holds that it is not " pay " but "allowances" within the meaning of that section, and therefore should not be taken into account when making such deductions as aforesaid ; (4) The said Department has presented credit requisitions for payments made out of the aforesaid appropriation without any deduction as aforesaid having been made, and the Audit Office has declined to pass them on the ground that by reason of the premises they are not according to law: Now, therefore, I, William Lee, Baron Plunket, Governor of the Colony of New Zealand, in exercise of the hereinbefore-recited powers, and having before me the opinion of the AttorneyGeneral thereon, and acting by and with the advice and consent of the Executive Council of the said colony, do hereby determine the said matter in dispute by deciding that the sum of eighteen thousand pounds appropriated as aforesaid is not " pay " but "allowances" within the meaning of the aforesaid Act, and that consequently the same should not be taken into account when making deductions for the above-mentioned contributions. J. F. Andrews, Acting Clerk of the Executive Council.

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