Sept. 19.] THE NEW ZEALAND GAZETTE. 2845

Licensing Alexander Shand and others to use and occupy a Part of the Foreshore at Tikiliki Cliff, Chatham Islands.

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PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this ninth day of September, 1907.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Alexander Shand, Frank Regnault, Harry George Blyth, and José Santos, of Chatham Islands, and William Atherton Parnham, of Kaiapoi (hereinafter called “the licensees”), have 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 at Tikitiki Cliff, Chatham Islands, in order to erect and maintain thereon a cattle-yard; and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” have deposited a plan in the office of the Marine Department at Wellington (marked M.D. 3066) showing the place where it is intended to erect the same, and the area of foreshore intended to be occupied for such purpose: 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 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 licensees 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 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 licensees 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 licensees to use and occupy that part of the foreshore which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of constructing or erecting thereon a cattle-yard; such license to be held and enjoyed by the licensees upon and subject to the following terms and conditions, set forth in the First Schedule hereto. And, in pursuance of the power conferred upon him by “The Harbours Act, 1878,” and of all other powers enabling him in that behalf, and with the like advice and consent, His Excellency the Governor of the Colony of New Zealand doth hereby prescribe that the dues and rates set forth in the Second Schedule hereto shall be taken by the licensees for the use of the said cattle-yard.

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FIRST SCHEDULE.

1. 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 cattle-yard, which is shown on the plan marked M.D. 3066, and deposited in the office of the Marine Department as aforesaid.

2. In consideration of the concessions and privileges granted by this Order in Council, the licensees shall, on being supplied with a copy thereof, pay to the Minister the sum of one pound, and thereafter an annual sum of ten shillings, payable on the first day of September, dated from the first day of September, one thousand nine hundred and seven.

3. All His Majesty’s subjects shall at all reasonable times, upon payment of the proper dues, have free and full liberty to use the cattle-yard, and all rights of ingress and egress thereon and therefrom.

4. His 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 cattle-yard without payment.

5. The licensees shall maintain the above-mentioned cattle-yard in good order and repair.

6. Any person authorised by the Minister may, at all reasonable times, enter upon the said cattle-yard and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the licensees, or either of them, a notice in writing of any defect or want of repair in such cattle-yard, requiring them, within a reasonable time, to be therein prescribed, to repair the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made.

7. Nothing herein contained shall authorise the licensees 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.

8. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years 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 licensees shall not assign, charge, or part with any such right, power, or privilege without the written consent of the Minister first obtained.

9. The said rights, powers, and privileges may be at any time resumed by the Governor, without payment of any compensation whatever, on giving to the licensees 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 licensees.

10. In case the licensees shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
    (2.) Fail to pay the sums specified in clause 2 of these conditions,
    then and in any of the said cases this Order in Council, and every license, right, power, or privilege, may be revoked and determined by the Governor in Council, without any notice to the licensees 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 licensees, 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.

11. In these conditions the term “Minister” means the Minister of Marine, as defined by “The Shipping and Seamen Act, 1903,” and includes any officer, person, or authority acting by or under the direction of such Minister.

12. The construction of the cattle-yard shall be sufficient evidence of the acceptance by the licensees of the terms and conditions of this Order in Council.

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SECOND SCHEDULE.

EVERY person who shall use this cattle-yard for yarding or keeping cattle, sheep, or horses shall pay for the use thereof to the licensees the sums following:—

s. d.
Cattle, large .. .. .. .. 2 6 per head.
Cows or bullocks under two years old .. 2 0 "
Calves up to one year old .. .. 1 0 "
Horses .. .. .. .. 2 0 "

ALEX. WILLIS,
Clerk of the Executive Council

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Inspection of Milk and Dairies, City of Wellington.

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PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this sixteenth day of September, 1907.

Present:

His Excellency the Governor in Council.

IN pursuance of the powers vested in him by section three hundred and forty-six of “The Municipal Corporations Act, 1900,” His Excellency the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, doth hereby make the following regulation:—

The Council of the City of Wellington is hereby authorised to make regulations for the purposes mentioned in section three hundred and forty-six of “The Municipal Corporations Act, 1900,” subject, however, to the following conditions, that is to say:—

(1.) The regulations shall not apply, and shall expressly state that they do not apply,—
(a.) To any dairy duly registered under “The Dairy Industry Act, 1898”; or
(b.) To vehicles, utensils, machinery, apparatus, or appliances used in or about any such dairy by the owner of the dairy, except in so far as the same are also used in or about any premises to which the regulations lawfully apply; or