1372
THE NEW ZEALAND GAZETTE.
[No. 59

M.D. 2749 and 2764, in order to erect and maintain thereon a wharf, sheds, and tramway, as shown on the said plans, such license to be subject to the terms and conditions thereon expressed and for a period of fourteen years from the date thereof :

And whereas by Order in Council dated the twenty-third day of July, one thousand nine hundred and six, and published in the New Zealand Gazette No. 63, of the twenty-sixth day of the same month, the licensees were granted a license under the said Act to occupy a further part of the foreshore and land below low-water mark at West Wanganui, as shown in red on the said plan M.D. 2764, for the purposes of constructing an extension to the said wharf and a shed as shown on the said plan M.D. 2764, such license to be subject to the terms and conditions therein expressed, and for a period of fourteen years from the seventeenth day of October, one thousand nine hundred and four :

And whereas by Order in Council dated the fourth day of July, one thousand nine hundred and seven, and published in the New Zealand Gazette No. 61, of the eleventh day of the same month, the licensees were granted a license under the said Act to occupy a portion of the foreshore of West Wanganui, as shown on plan marked M.D. 3065, for the purpose of constructing a tramway, in lieu of the foreshore for which a license was granted to the licensees for such purpose by the first hereinbefore-recited Order in Council :

And whereas, the said licenses having expired, the licensees have made application for a further license under the said Act to occupy those parts of the foreshore and land below low-water mark for which licenses were granted by the hereinbefore-recited Orders in Council, and for the purposes therein stated, for a period of fourteen years computed from the date of the said licenses, and it is advisable to grant the same subject to the terms and conditions hereinafter expressed :

Now, therefore, His Excellency the Governor-General 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 license and permit the licensees to use and occupy those parts of the foreshore and land below low-water mark on which the said wharf and shed, as extended, and the tramway are constructed, as shown on the said plans marked M.D. 2749, 2764, and 3065, for the purpose of maintaining the said structures thereon, such license to be held and enjoyed by the licensees upon and subject to the terms and conditions set forth in the Schedule hereto.

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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 the parts of the foreshore and land below low-water mark necessary for the wharf, sheds, and tramway, as shown on plans marked M.D. 2749, 2764, and 3065.

3. 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 £2 10s., and thereafter an annual sum of £5 in advance, payable on the 17th day of October, dating from the 17th day of October, 1918, the first of such annual payments to be made on the licensees being supplied with a copy of this Order in Council.

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

5. His Majesty or the Governor-General, 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, over, and out of the said wharf, sheds, and tramway without payment.

6. The licensees shall maintain the above-mentioned wharf, sheds, and tramway in good order and repair, and shall at all times exhibit from the wharf and maintain at their 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.

7. Any person authorized by the Minister may at all reasonable times enter upon the said wharf, sheds, and tramway and view the state of repair thereof ; and upon such Minister leaving at or posting to the last known address of the licensees in New Zealand a notice in writing of any defect or want of repair in such wharf or sheds or tramway, 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.

8. Nothing herein contained shall authorize 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 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.

9. The ballast of all vessels loading at the said wharf shall be taken away by the licensees 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.

10. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years from the 17th October, 1918, 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 previous written consent of the Minister first obtained.

11. The said rights, powers, and privileges may be at any time resumed by the Governor-General, 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, or any of them, in New Zealand.

12. The licensees shall be liable for any injury which the said wharf, sheds, or tramway may cause any vessel or boat to sustain through any default or neglect on their part.

13. 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 wharf, sheds, and tramway for a period of thirty days ;
    (3.) Become bankrupt, or be in any manner brought under the operation of any Act 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 any of the said cases this Order in Council, and every right, power, or privilege, may be revoked and determined by the Governor-General 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.

F. W. FURBY,
Acting Clerk of the Executive Council.

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Regulations.—Technical Instruction.

LIVERPOOL, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this seventh day of May, 1919.

Present :

THE HONOURABLE SIR JAMES ALLEN, K.C.B., PRESIDING IN COUNCIL.

IN pursuance and exercise of the powers and authorities vested in him by the Education Act, 1914, His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the amendments set out in the Schedule hereto in the regulations for the election and appointment of managers of technical schools under the said Act, made by Order in Council dated the thirtieth day of July, one thousand nine hundred and eighteen ; and, with the like advice and consent, doth prescribe that this Order shall come into force on the date of the first publication thereof in the New Zealand Gazette.

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SCHEDULE.

CLAUSE I of the said regulations is hereby amended by the addition of the following words : “The number of managers shall be not less than five nor more than nineteen.”

Subclause (3) of clause 6 of the said regulations is hereby amended by the addition of the following words : “For the purpose of this regulation a grant in money made towards the cost of such land or buildings may, if the Minister so decides, be deemed to be a grant of land or buildings, and the annual value thereof, reckoned as a terminating annuity for such period as the Minister may determine, be deemed to be the contribution of the grantor.”

F. W. FURBY,
Acting Clerk of the Executive Council.