1588
THE NEW ZEALAND GAZETTE.
[No. 84

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority conferred upon him by the said Act, and by his duly-appointed Deputy, Sir James Prendergast, Knight, and with the advice and consent of the Executive Council of the said colony, doth hereby make the following regulations, to have force and effect within the waters hereafter specified in the said regulations:—

REGULATIONS.

1. The period from the twentieth day of December in one year to the twentieth day of March in the next succeeding year, both days inclusive, is hereby prescribed a close season in respect of the fish of the species of Mugil known as mullet or kanae, during which close season it shall be unlawful for any person to take any such fish contrary to the provisions of the said Act.

2. These regulations shall have force and effect in all waters as defined by the said Act in the North Island of New Zealand, bounded by a line commencing at Cape Wiwiki and proceeding seawards on a bearing of N. 45° E. for a distance of three miles; thence running generally parallel to and three miles distant from the coast-line to a point bearing N. 45° E. from Trig. Station No. 29 on the South Head of Whangaruru Bay; thence along a right line in the direction of that trig. station to the high-water mark of the sea; and thence along a line following the high-water mark of the sea round Whangaruru Bay, Whangaruru Harbour, Wangamumu Harbour, and Bay of Islands, and following the said high-water mark up the tidal rivers and crossing such rivers at the points where the tidal effect terminates.

3. Any person committing a breach of these regulations shall be liable to a penalty not exceeding fifty pounds, to be recovered as by the said Act is provided.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing Trustees for the Queen’s Drive Boating Club to use and occupy a Part of the Foreshore of Otago Harbour.

GLASGOW, Governor.

By his Deputy,
JAMES PRENDERGAST.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventh day of November, 1893.

Present:

HIS EXCELLENCY THE DEPUTY-GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, the Queen’s Drive Boating Club, of Port Chalmers (hereinafter called “the club”), has applied to the Governor in Council for a license, under “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), to occupy a part of the foreshore between the Export Pier and Cannon Point, Port Chalmers, in Otago Harbour, in order to erect and maintain thereon a boat-shed and platform; and, in accordance with the one hundred and fifty-sixth section of “The Harbours Act, 1878,” has deposited plans in the office of the Marine Department, at Wellington (marked M.D., 1891; Sheets Nos. 1 and 2), showing the place where it is intended to erect such boat-shed and platform, the area of foreshore to be occupied for such purpose, and the manner in which it is proposed to erect the boat-shed and platform: And whereas it has been made to appear to the Governor in Council that the proposed work will not be or tend to the injury of navigation; and the said plans have, prior to the making of this Order in Council, been approved by the Governor in Council, without modification or addition: And whereas it is expedient that a license under the said Act, for the purpose aforesaid, should be granted and issued to Nicholas Dodds, of Port Chalmers, Chemist, and William Pedlow, of Port Chalmers, Grocer, as trustees for the club, on the terms and conditions hereinafter expressed:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, by his duly-appointed Deputy, Sir James Prendergast, Knight, Chief Justice, in pursuance and exercise of the power and authority vested in him by the said Act, and of all other powers and authorities enabling him in that behalf, and by and with the advice and consent of the Executive Council of the said colony, doth hereby approve of the purpose or object for which the said license is required by the club as aforesaid; and in further pursuance and exercise of the said power and authority, and with the like advice and consent as aforesaid, doth hereby license and permit the said trustees for the club to use and occupy that part of the foreshore which is particularly shown and delineated in red edging on the plan marked M.D. 1891 (Sheet No. 1) so deposited as aforesaid, for the purpose of constructing or erecting thereon a boat-shed and platform, such license to be held and enjoyed by the said trustees for the club upon and subject to the following terms and conditions, that is to say:—

1. In these conditions the term “Minister” means the Minister having charge of the Marine Department, as defined by “The Shipping and Seamen’s Act, 1877,” and includes any officer, person, or authority acting by or under the direction of such Minister.

2. The concessions and privileges conferred by this Order in Council shall extend and apply only to the part of the foreshore necessary for the erection of such boat-shed and platform, which is shown in red edging on the plan marked M.D. 1891 (Sheet No. 1), and deposited in the office of the Marine Department as aforesaid.

3. In consideration of the concessions and privileges granted by this Order in Council the said trustees for the club shall, on demand being made, pay to the Minister an annual sum of one shilling, dating from the day of the date of this Order in Council.

4. That Her Majesty, or the Governor, and all officers in the Government service acting in the execution of their duty, shall at all times have free ingress, passage, and egress into, through, and out of the said boat-shed and platform without payment.

5. The said trustees for the club shall complete the erection of the said boat-shed and platform, in accordance with the approved plan marked M.D. 1891 (Sheet No. 2), within six calendar months from the date of this Order in Council.

6. The said trustees for the club shall maintain the above-mentioned boat-shed and platform in good order and repair.

7. Any person authorised by the Minister may, at all reasonable times, enter upon the said boat-shed and platform and view the state of repairs thereof; and upon such Minister leaving at or posting to the last-known address of the said trustees for the club or either of them a notice in writing of any defect or want of repair in such boat-shed and platform, requiring them, within a reasonable time, to be therein prescribed, to make good the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made, as the case may be.

8. That nothing herein contained shall authorise the said trustees for the club to do or cause to be done anything repugnant to or inconsistent with any law relating to the Customs, or any regulation of the Commissioner of Trade and Customs, or with any provisions of “The Harbours Act, 1878,” or its amendments, or any regulations made thereunder, and that are now or may hereafter be in force.

9. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years from the date hereof, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the said trustees for the club shall not assign, charge, or part with any such right, power, or privilege without the written consent of the Minister first obtained.

10. That the said rights, powers, and privileges may at any time be resumed by the Governor, without payment of any compensation whatever, on giving to the said trustees for the club three calendar months’ previous notice in writing. Any such notice shall be sufficient if given by the Minister and delivered at or posted to the last known address of the said trustees for the club or either of them.

11. The said trustees for the club shall be liable for any injury which the said boat-shed and platform may cause any vessel or boat to sustain through any default or neglect on their part or the part of the club.

12. In case the said trustees for the club shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
    (2.) Cease to use or occupy the said boat-shed and platform for the purposes aforesaid; or
    (3.) In case the club be in any manner wound up or dissolved,
    then and in either of the said cases this Order in Council, and every license, right, power, or privilege thereby conferred, may be revoked and determined by the Governor in Council without any notice to the said trustees for the club or other proceeding whatsoever; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to the said trustees and to the club, and to all persons concerned or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.

ALEX. WILLIS,
Clerk of the Executive Council.