2028

THE NEW ZEALAND GAZETTE.

[No. 92

the Governor in Council that the proposed work will not be or tend to the injury of navigation; and the said plan has, prior to the making of this Order in Council, been approved by the Governor in Council: And whereas it is expedient that a license under the said Act for the purpose aforesaid should be granted and issued to the licensee on the terms and conditions hereinafter expressed:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority vested in him by the said Act, 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 licensee 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 licensee to use and occupy that part of the foreshore and land below low-water mark which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of constructing or erecting thereon a boom; such license to be held and enjoyed by the licensee 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 and land below low-water mark in Kennedy Bay shown in red on the said plan marked M.D. 2474.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensee shall, on being supplied with a copy thereof, pay to the Minister the sum of two pounds ten shillings, and thereafter an annual sum of ten shillings, such annual payments to date from the first day of October, one thousand nine hundred and one, and the first of such annual payments to be made to the Minister on a copy of this Order in Council being supplied to the licensee.

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

5. The said rights, powers, and privileges may be at any time resumed by the Governor, and the licensee may be required to remove the boom at his own cost, without payment of any compensation whatever, on giving to the licensee sixteen days’ 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 licensee in New Zealand.

6. The licensee shall be liable for any injury which may be sustained by any vessel or boat in passing the boom or by contact with it, and which may be occasioned by any default or neglect on his part.

7. In case the licensee 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 boom for a period of thirty days;

(3.) Fail to pay the sums specified in clause three of these conditions; or

(4.) Become bankrupt, or be in any manner brought under the operation of any law in force for the time being relating to bankruptcy,—

then and in any of the said cases this Order in Council, and every right, power or privilege, may be revoked and determined by the Governor in Council without any notice to the licensee 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 licensee and to all persons concerned or interested, that this Order in Council, and the rights and privileges thereby conferred, have been revoked and determined; and upon such revocation the Minister may cause the said boom to be removed, and may recover the cost incurred by any such removal from the licensee.

8. The construction of the boom shall be deemed to be an acceptance by the licensee of the conditions of this Order in Council.

ALEX. WILLIS,

Clerk of the Executive Council.

Powers delegated to the Heriot Domain Board under “The Public Domains Act, 1881.”

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-first day of October, 1901.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

IN pursuance and exercise of the powers and authorities vested in him by “The Public Domains Act, 1881,” His Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council thereof, doth hereby revoke a certain Order in Council, dated the twenty-first day of September, one thousand eight hundred and eighty-six, making delegation of certain powers in manner as therein appears; and doth hereby, with the like advice and consent, and in respect of the land hereinafter mentioned, delegate all the powers conferred by the said Act, except the powers conferred by sections five and twelve thereof, for the period of ten years from the date hereof (unless previously altered or revoked under the said Act), to the under-mentioned persons, who shall be known as the Heriot Domain Board, namely,—

WILLIAM WALKER,

ALFRED EDWARD KEMPTHORNE,

SAMUEL AITCHISON,

ANDREW MONCUR, and

HUGH BLAIKIE

(herein referred to as “the Board”), subject to the stipulations hereinafter contained, that is to say,—

1. The Board shall meet for the transaction of business on the second Saturday in each month, at eight o’clock p.m., at Heriot, or at such other time or place as may from time to time be fixed by the Board. The first meeting shall be held on Saturday, the sixteenth day of November, one thousand nine hundred and one.

2. Special meetings may be convened by the Chairman or by any two members of the Board, provided that two days’ notice of such meeting be given to each member, specifying the business to be transacted at such special meeting; and no other business than that so specified shall be transacted at such meeting.

3. Any three members of the Board shall form a quorum. Any meeting may be adjourned from time to time.

4. The members of the Board shall, at their first meeting, and thereafter at an annual meeting to be held on the second Saturday in January in every succeeding year thereafter, elect one of themselves to be Chairman, who may join in the discussion, and shall have an original as well as a casting vote. The Chairman shall hold office until the election of his successor.

5. The Board shall prepare and submit at each annual meeting a report of the proceedings of the Board for the previous year ending on the thirty-first day of December, together with a statement of the receipts and expenditure of the Board for such year. A copy of every such report and statement, certified by the Chairman to be correct, shall be sent to the Minister of Lands as soon as possible after each annual meeting.

6. If at any meeting the Chairman is not present at the time appointed for holding the same, the members present shall choose some one of their number to be chairman of such meeting.

7. If, by resignation, death, or incapacity, or otherwise, the office of Chairman shall be or become vacant, the members may at any monthly or special meeting appoint a Chairman.

8. All questions shall be determined by the majority of votes of the members of the Board present at a meeting.

And with the like advice and consent as aforesaid doth hereby also order that this delegation shall take effect in respect of the parcel of Crown land described in the Schedule hereto.

SCHEDULE.

ALL that parcel of land in the Otago Land District, containing by admeasurement 9 acres 3 roods 9 perches, more or less, being Section No. 2, Block I., Township of Heriot. Bounded towards the north-west by Tweed Street, 166 links; towards the north by Section No. 1 of same block, 1435 links; towards the south-east by Sections Nos. 3, 4, 5, 6, 7, 8, of the same block, 779 links, also by a road-line 111 links; towards the south by Nith Street, 1488 links; and towards the west by Leader Street, 619 links: be all the aforesaid linkages more or less; as the same is delineated on the plan deposited in the District Lands and Survey Office, Dunedin.

ALEX. WILLIS,

Clerk of the Executive Council.