SEPT. 20.]

THE NEW ZEALAND GAZETTE.

2479

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 and land below low-water mark which is particularly shown and delineated within a red line on the plan so deposited as aforesaid, for the purpose of taking away the shingle and sand deposited thereon, such license to be held and enjoyed by the company 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 the part of the foreshore and land below low-water mark necessary for the purposes hereinbefore mentioned, as shown within a red line in the plan marked M.D. 5707, and deposited in the office of the Marine Department as aforesaid.

3. 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 shall deposit annually the sum of £25, to be applied as hereinafter provided, payable on the 1st day of April in each year; provided that in respect of the period from the date of this Order in Council until the 31st day of March, 1924, the amount to be deposited shall be an amount proportionate to the said period at the rate of £25 per annum, to be deposited on the company being supplied with a copy of this Order in Council.

4. The royalty payable by the company in consideration of the concessions and privileges hereby granted shall be at the rate of 1s. per cubic yard on all shingle and sand taken. If in any year the company fail to remove any shingle or sand, the deposit hereinbefore referred to shall be appropriated by the Minister as flat rent in respect of that year; but if during any year the company remove any shingle or sand the said deposit shall, in proportion to the amount of shingle or sand so removed, be applied as royalty at the rate hereinbefore mentioned, but so that the minimum amount payable as combined royalty and flat rent in any one complete year shall be £25. All such payments shall be made to the Superintendent of Mercantile Marine at Auckland, or such other person as the Minister may direct; provided that after the 16th day of July, 1926, the Governor-General in Council may prescribe the royalty thereafter to be at such rate as he thinks reasonable.

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, and out of the aforesaid land without payment.

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 regulations 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 in the meantime such rights, powers, and privileges are 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.

8. The rights, powers, and privileges hereby granted and conferred may be at any time resumed by the Governor-General, without payment of any compensation whatsoever, on giving to the company three calendar months’ previous notice in writing. 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.

9. In case the company shall—

(1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them, or any breach of the Fisheries Act, 1908, or its amendments;

(2.) Be at any time wound up or dissolved; or

(3.) Fail to pay the sums specified in clause 3 of these conditions,

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-General 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 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.

10. Payment by the company of any of the sums hereinbefore mentioned shall be sufficient evidence of the acceptance by the company of the terms and conditions of this Order in Council.

C. A. JEFFERY,

Acting Clerk of the Executive Council.

License authorizing Broadbent and Company (Limited) to erect Electric Lines in Portion of the Borough of Blenheim.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 17th day of September, 1923.

Present:

His Excellency the Governor-General in Council.

IN pursuance and exercise of the powers conferred by the Public Works Amendment Act, 1911, and of all other powers in anyway enabling him in that 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—subject to the conditions set forth in the Schedule hereto, and to the regulations made under section two of the aforesaid Act, and dated the ninth day of October, one thousand nine hundred and twenty-two, and published in the New Zealand Gazette of the twelfth day of the same month, or any regulations hereafter made in amendment thereof or in substitution therefor (and hereinafter collectively referred to as “the regulations”), and which regulations shall be deemed to be incorporated herein—hereby authorize Broadbent and Company (Limited), of Blenheim, Motor Experts (hereinafter referred to as “the licensee”), to erect and maintain an electric line for lighting, power, and heating purposes along the route described in the Schedule hereto.

SCHEDULE.

1. ROUTE OF ELECTRIC LINE.

ALL that route in the Marlborough Land District, Borough of Blenheim, commencing at the garage of the licensee situated in Market Street South, and proceeding thence in a north-westerly direction to the Town Hall situated at the corner of Arthur Street and Market Street South. As the same is more particularly delineated on the plan marked P.W.D. 56952, and deposited in the office of the Minister of Public Works at Wellington, in the Wellington Land District, and thereon coloured black.

2. SYSTEM OF SUPPLY.

The system of supply shall be as described in paragraph (a) (1) of clause 2 of the regulations. The generating voltage shall be approximately 110 volts between the terminals.

3. DURATION OF LICENSE.

This license shall, unless sooner determined in accordance with the provisions hereinafter expressed, continue in force for a period of forty-two years from the date hereof; provided that should an electric-power district be constituted under the Electric-power Boards Act, 1918, including the Borough of Blenheim, or should the Blenheim Borough Council commence to supply electrical energy in the said borough, the licensee shall, within three months after the receipt of a notice in writing from either the Electric-power Board or the Blenheim Borough Council requesting the licensee so to do, discontinue the supply of electrical energy and remove the plant used by the licensee under this license, and at the expiration of the said three months this license shall, ipso facto, cease and determine. Upon the expiry of the said terms, or upon the sooner determination of this license by revocation or otherwise, all rights hereby granted to the licensee shall thereupon cease and determine; but such expiration or determination shall not relieve the licensee of any liability theretofore incurred under this license.

4. CHARGES FOR ELECTRICAL ENERGY.

The charges for electrical energy shall not exceed 1s. per unit for lighting and 6d. per unit for motor-power, heating, or cooking purposes; provided that “lighting purposes” shall include the operation of motor generators for lighting purposes; and provided further that if accounts are paid