Oct. 12.] THE NEW ZEALAND GAZETTE. 3227

Licensing Thomas Allport, Sen., to use and occupy a Part of the Foreshore of Endeavour Inlet, Queen Charlotte Sound, as a Site for a Landing-stage.

LIVERPOOL, Governor.
ORDER IN COUNCIL.

At the Government House at Wellington, this ninth day of October, 1916.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS there being no Harbour Board empowered to grant the license hereinafter mentioned under the Harbours Act, 1908 (hereinafter called “the said Act”), Thomas Allport, sen., of Picton (hereinafter called “the licensee”), has applied to the Governor in Council for a license under the said Act to use and occupy a part of the foreshore of Endeavour Inlet, Queen Charlotte Sound, as shown on plan marked M.D. 4673, and deposited in the office of the Marine Department at Wellington, in order to erect and maintain a landing-stage thereon:

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 marked M.D. 4673 has, prior to the making of this Order in Council, been approved of by the Governor in Council:

And whereas it is desirable that a license under the said Act, for the purpose aforesaid, should be granted and issued to the licensee for the term and subject to the conditions hereinafter expressed:

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 acting 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 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 necessary for the maintenance of the said landing-stage, such license to be held and enjoyed by the licensee upon and subject to the terms and conditions set forth in the Schedule hereto.

SCHEDULE.

1. IN these conditions the term “Minister” means the Minister of Marine as defined by the Shipping and Seamen Act, 1908, 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 that part of the foreshore occupied by the said landing-stage, as shown on plan marked M.D. 4673.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensee shall pay to the Minister the sum of £2 10s., and thereafter an annual sum of 10s. in advance, dating from the date hereof, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

4. All persons shall, at all reasonable times and upon payment of the proper dues, have free and full liberty to use the said landing-stage, and all rights of ingress and egress thereon and therefrom.

5. The licensee shall maintain the above-mentioned landing-stage in good order and repair; and shall at all times exhibit therefrom and maintain at his own cost suitable and necessary lights for the guidance of vessels; provided that no light shall be exhibited until after it has been approved of by the Minister.

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

Nothing herein contained shall authorize the licensee 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 regulations made thereunder, and that are now or may hereafter be in force.

The ballast of all vessels loading at the said landing-stage shall be taken away by the licensee and deposited above high-water mark, or at such place as may be approved of by the Minister, or by any person appointed by the Minister for that purpose.

9. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be 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 licensee shall not assign, charge, or part with any such right, power, or privilege without the written consent of the Minister first obtained.

10. 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 licensee 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 licensee in New Zealand.

11. The licensee shall be liable for any injury which the said landing-stage may cause any vessel or boat to sustain through any default or neglect on his part.

12. 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 landing-stage for a period of thirty days;
    (3.) Become bankrupt, or be brought under the operation of any law for the time being in force relating to bankruptcy; or
    (4.) Fail to pay the sum specified in clause 3 of these conditions;
    then and in either 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 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 license, rights, and privileges thereby granted and conferred, have been revoked and determined.

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

Validating Proceedings in connection with a Loan of £5,440 proposed to be raised by the Council of the Borough of Taumarunui.

LIVERPOOL, Governor.
ORDER IN COUNCIL.

At the Government House at Wellington, this ninth day of October, 1916.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS the Taumarunui Borough Council lately proposed to raise a loan of five thousand four hundred and forty pounds for reforming and metalling certain streets and footpaths in the borough, under the Local Bodies’ Loans Act, 1913:

And whereas irregularities or defects occurred both in the notice published in pursuance of section nine of the said Act and in the voting-paper used at the poll upon the said proposal, in that though the proposed security for such loan and the provision for repayment thereof were stated to be an annual-recurring rate on the unimproved value of all the rateable property within the borough, the amount of such rate (namely, twenty-seven sixty-fourths of one penny in the pound on the rateable value, on the basis of the unimproved value, of all rateable property within the said borough) was not set forth in such notice and voting-paper:

And whereas the first publication of the date of the poll was not given not less than fourteen days before the date of the poll of the ratepayers, as required by the provisions of section ten, subsection two, of the above-named Act:

And whereas six days intervened between the last publication of the notice of intention to raise the loan prescribed by section nine of the said Act and the date on which the above poll of ratepayers was taken, instead of a period of not less than one week, as required by section ten, subsection two, of the above-mentioned Act:

And whereas it appears that the ratepayers have not been misled by such irregularities or defects, and it is expedient to validate the same:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the powers and authorities conferred on him by section one hundred and eleven of the Local Bodies’ Loans Act, 1913, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby declare that