Mar. 3.] THE NEW ZEALAND GAZETTE. 601

in advance, dating from the date hereof, the first of such annual payments to be made on the company being supplied with a copy of this Order in Council.

4. 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, and out of the said jetties without payment.

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

6. The company shall maintain the above-mentioned jetties in good order and repair; and shall at all times exhibit therefrom, and maintain at its 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 jetties and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the company in New Zealand a notice in writing of any defect or want of repair in such jetties, requiring it, 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.

8. 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 regulations made thereunder, and that are now or may hereafter be in force.

9. The ballast of all vessels loading at the said jetties shall be taken away by the company 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 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 company 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 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 in New Zealand.

12. The company shall be liable for any injury which said jetties may cause any vessel or boat to sustain through any default or neglect on its part.

13. In case the company 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 jetties for a period of thirty days;
    (3.) Be in any manner wound up or dissolved; or
    (4.) Fail to pay the sums 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-General in Council without any notice to the company or other proceedings whatsoever; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to the company, 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.

14. The erection of the said jetties, or either of them, shall be sufficient evidence of the acceptance by the company of the terms and conditions of this Order in Council.

F. D. THOMSON,
Clerk of the Executive Council.

Licensing Quintin Cosson and Arthur Henry Hersee Powell to Occupy a Portion of the Land between High- and Low-water Marks in Rangaunu Bay, and to reclaim such Land.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 21st day of February, 1921.

Present:

THE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING IN COUNCIL.

WHEREAS it is enacted by section thirty-nine of the Harbours Amendment Act, 1910 (hereinafter called “the said Act”), that in the case of lands between high- and low-water marks which belong to the Crown and on which at high-water spring tides the depth of water is not sufficient for purposes of navigation, the Governor-General in Council may grant occupation licenses for periods not exceeding twenty-one years, at such rent and on such conditions as he thinks fit, and any such lease may contain a provision authorizing the lessee to reclaim the land the subject of the lease without complying with the requirements of section forty-one of the said Act:

And whereas it is desirable to license Quintin Cosson and Arthur Henry Hersee Powell (hereinafter called “the licensees”) to occupy a part of the land between high- and low-water marks, belonging to the Crown, in Rangaunu Bay, on which at high-water spring tides the depth of water is not sufficient for the purposes of navigation:

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance and exercise of the hereinbefore-recited power and authority, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby license the licensees to occupy the piece of land between high- and low-water marks of spring tides in Rangaunu Bay, containing two hundred acres, more or less, as shown coloured red on plan marked M.D. 5235, and deposited in the office of the Marine Department at Wellington, and doth also authorize the licensees to reclaim the land subject to the following conditions.

CONDITIONS.

1. The licensees shall pay to the Marine Department a rental, in advance, each year of 1s. per acre per annum for the first ten years, and 2s. 6d. per acre per annum for the last eleven years, of the period of twenty-one years during which this license is in force, the first of such annual payments to be made on the licensees being supplied with a copy of this Order in Council.

2. The licensees shall keep any stopbanks which they may construct for the purpose of reclaiming the land included in this license in good order and condition, and shall provide and maintain all necessary outlets for storm-water.

3. The licensees shall keep the land included in this license free from noxious weeds.

4. The licensees shall not assign, charge, or part with any right, power, or privilege granted by this license without the previous written consent of the Minister of Marine.

5. The rights, powers, and privileges conferred by this Order in Council shall continue in force for twenty-one years from the date hereof, unless in the meantime such rights, powers, or privileges shall be altered, modified, or revoked by competent authority.

6. If the licensees commit or suffer a breach of any of the conditions of this license, the license may be revoked and determined by the Governor-General in Council; and publication of a notice of such revocation in the New Zealand Gazette shall be sufficient notice thereof to the licensees, and to all persons concerned or interested in this license, that it has been revoked and determined.

F. D. THOMSON,
Clerk of the Executive Council.

The Southern Side of Portion of Scott Street, in the Borough of South Invercargill, exempted from the provisions of Section 117 of the Public Works Act, 1908, subject to a condition as to the Building-line.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 1st day of March, 1921.

Present:

His Excellency the Governor-General in Council.

IN pursuance and exercise of the powers conferred by the Public Works Act, 1908, and of all other powers in anywise enabling him in this behalf, 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 approve of the following resolution passed by the South Invercargill Borough Council—viz., “The Borough of South Invercargill, being the local authority having control of the portion of Scott Street shown in red colour in the accompanying plan, by resolution declares that the provisions of section one hundred and seventeen of the Public Works Act, 1908, shall not apply to the southern side of such portion of street”; subject to the condition that no building or part of a building shall at any time be erected on the southern side of the portion of Scott Street described in the Schedule hereto within a distance of thirty-three feet from the centre-line of the said portion of street.

SCHEDULE.

ALL that portion of Scott Street, in the Southland Land District, Borough of South Invercargill, abutting on part