678
THE NEW ZEALAND GAZETTE.
[No. 16

In the Hawke’s Bay Land District; as the same is more particularly delineated on the plan marked and coloured as above mentioned, and deposited in the office of the Minister of Public Works, at Wellington, in the Wellington Provincial District.

J. F. ANDREWS,
Clerk of the Executive Council.

Directing Sale of Railway Land under the Public Works Act, 1908.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-fourth day of February, 1913.

Present :

His Excellency the Governor in Council.

WHEREAS by the thirtieth section of the Public Works Act, 1908 (hereinafter termed “the said Act”), it is enacted that if it is found that any land held, taken, purchased, or acquired at any time under this or any other Act or Provincial Ordinance, or otherwise howsoever for any public work, is not required for such public work, the Governor may, by Order in Council publicly notified and gazetted, cause the same to be sold under the conditions set forth in the said Act;

And whereas the piece of land described in the Schedule hereto has been, inter alia, taken for the purposes of the Waitaki-Bluff Railway by a Proclamation dated the thirteenth day of September, one thousand nine hundred and seven, and published in the New Zealand Gazette No. 82, of the nineteenth day of September, one thousand nine hundred and seven, a copy whereof was duly deposited in the office of the District Land Registrar at Dunedin;

And whereas the said piece of land is not now required for the purposes of the said Waitaki-Bluff Railway, and the Minister of Railways has recommended that this Order in Council should be issued directing such parcel of land to be sold:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers and authorities conferred by the said Act, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby order and direct the sale of the land described in the Schedule hereto.

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SCHEDULE.

In the Otago Land District; as the same is more particularly delineated on the plan marked W.R. 20090, deposited in the office of the Minister of Railways, at Wellington, in the Wellington Provincial District, and thereon coloured green.

J. F. ANDREWS,
Clerk of the Executive Council.

Licensing the Northern Steamship Company (Limited) to use and occupy a Part of the Foreshore at Russell, Bay of Islands, as a Site for an Office.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventeenth day of February, 1913.

Present :

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, the Northern Steamship Company (Limited), of Auckland (hereinafter called “the company”), has applied to the Governor in Council for a license under the Harbours Act, 1908 (hereinafter called “the said Act”) to occupy a part of the foreshore at Russell, Bay of Islands, in order to erect and maintain thereon an office, and, in accordance with the one-hundred-and-fiftieth section of the said Act, has deposited a plan in the office of the Marine Department, at Wellington (marked M.D. 4003), showing the manner in which it is proposed to construct such office, 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 should be granted and issued to the company under the said Act for the purpose last aforesaid, on the terms and conditions set forth in the Schedule hereto:

Now, therefore, His Excellency the Governor of the Dominion 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 Dominion, doth hereby approve of the purpose or object for which the said license is required by the company 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 company 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 using the aforesaid office in connection therewith, such license to be held and enjoyed by the company upon and subject to the terms and conditions set out in the Schedule hereto.

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SCHEDULE.

1. The concessions and privileges conferred by this Order in Council shall extend and apply only to the parts of the foreshore necessary for the erection of such office, as shown on the plan marked M.D. 4003, 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 company shall, on being supplied with a copy thereof, pay to the Minister the sum of £2 10s., and thereafter the sum of 5s. per week, payable half-yearly in advance, dating from the date hereof, the first of such half-yearly payments to be made on the company being supplied with a copy of this Order in Council.

3. 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 office without payment.

4. The company shall maintain the above-mentioned office in good order and repair.

5. Any person authorized by the Minister may at all reasonable times enter upon the said office and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the company a notice in writing of any defect or want of repair in such office, requiring the company, within a reasonable time, to be therein prescribed, to repair the same, it shall with all convenient speed cause such defect to be removed or such repairs to be made.

6. Nothing herein contained shall authorize the company to do or cause to be done anything repugnant to or inconsistent with any law relating to the Customs, or any regulation of the Minister of Customs, or with any provisions of the Harbours Act, 1908, or its amendments, or any regulation made thereunder, and that are now or may hereafter be in force.

7. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for the term of fourteen years, computed from the date hereof, unless such rights, powers, and privileges are sooner altered, modified, or revoked by competent authority; and the company shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister.

8. 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 company 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 company.

9. In case the company—

(1.) Commits or suffers a breach of the conditions hereinbefore set forth, or any of them;

(2.) Ceases to use or occupy the said office for a period of thirty days; or

(3.) Is wound up or dissolved,—

then and in any such case 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 company or other proceeding whatsoever; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice