2972

THE NEW ZEALAND GAZETTE.

[No. 85

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 of the land below low-water mark immediately contiguous thereto which is particularly shown and delineated on the plans so deposited as aforesaid, for the purpose of using the wharf aforesaid in connection therewith, such license to be held and enjoyed by the company upon and subject to the terms and conditions set forth in the First Schedule hereto; and doth hereby prescribe that the dues and rates set forth in the Second Schedule hereto, on and after the date of publication of this Order in Council in the New Zealand Gazette, shall be taken by the company for the use of the said wharf.

FIRST SCHEDULE.

CONDITIONS OF MANAGEMENT.

1. In these conditions the term--
   "Foreshore" means such parts of the bed, shore, or banks of a tidal water as are covered and uncovered by the flow and ebb of the tide at ordinary spring tides:
   "Low-water mark" means low-water mark at ordinary spring tides.
   "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 erection of the said wharf, as shown on the plan marked M.D. 3470 (sheet 1), 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 pay to the Minister the sum of £2 10s., and thereafter an annual sum of £10 in advance, payable on the 1st day of April in each year, the proportionate part of such rental in respect of the period from the 17th day of January, 1924, until the 31st March following to be paid on the company being supplied with a copy of this Order in Council.

4. All persons shall, at all reasonable times, upon payment of 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, and out of the said wharf without payment.

6. The company shall maintain the above-mentioned wharf in good order and repair; and shall at all times exhibit therefrom and maintain at the company's own cost suitable and necessary lights for the guidance of vessels; provided that no light shall be exhibited until 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, and view the state of repair thereof; and upon such Minister leaving at or posting to the last known registered office of the company in New Zealand a notice in writing of any defect or want of repair in such wharf, requiring the company, within a reasonable time to be therein prescribed, to repair the same, the company 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, 1923, 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 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 the 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 17th day of January, 1924, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and and the company shall not assign, charge, or part with any such right, power, or privilege, without the 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 registered office of the company in New Zealand.

12. The company shall be liable for any injury which the said wharf may cause any vessel or boat to sustain through any default or neglect on the company's 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 wharf 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 any 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 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.

14. In the event of this Order in Council being revoked for any reason whatsoever, or upon the expiry of the period for which the license is granted, the licensee shall, if required by the Minister so to do, remove the said wharf entirely from the site and restore the site to its original condition within three months from the date of revocation or expiry, as the case may be; and, if the licensee fails so to do, the Minister may cause the said wharf to be removed and the site so restored, and may recover the costs incurred by the said removal and restoration from the licensee.

SECOND SCHEDULE.

RATES, INCLUDING LABOUR.

On all goods and luggage not otherwise specified at s. d. per ton (weights or measurement) ... 0 2 Minimum charge ... 0 3 Wool, hops, flax (per bale) ... 0 9 Sheep-skins (per bale not exceeding 2 cwt.) ... 0 6 Sheep-skins, loose (each) ... 0 1 Hides (each) ... 0 3 Bricks and slates (per thousand) ... 5 0 Bricks and slates (minimum charge) ... 1 0 Timber (per 100 superficial feet) ... 0 6 Cattle and horses (per head, first 20) ... 2 0 Cattle and horses, each additional (per head) ... 1 0 Sheep, pigs, calves, and goats (per head, first 50) ... 0 3 Sheep, pigs, calves, and goats, each additional (per head) ... 0 1 Vehicles, four-wheel (each) ... 5 0 Vehicles, two-wheel (each) ... 2 6 Bicycles (each) ... 0 3 Passengers' luggage, not exceeding 100 lb. ... Free.

Labour.

Packages exceeding half a ton, by arrangement.

Storage.

Per ton for first week, or part of a week after twenty-four hours ... 2 0 Minimum charge ... 0 3 After the first week, for every week or part of a week 1 0 Minimum charge ... 0 3 Bicycles (each), per week or part of a week ... 0 3 F. D. THOMSON, Clerk of the Executive Council Regulations under the Patents, Designs, and Trade-marks Act. ROBERT STOUT, Administrator of the Government. ORDER IN COUNCIL. At the Government House at Wellington, this 12th day of December, 1924. Present : HIS EXCELLENCY THE ADMINISTRATOR PRESIDING IN COUNCIL. IN pursuance and exercise of the powers and authority conferred on him by the Patents, Designs, and Trade-marks Act, 1921-22, and of all other powers enabling him in this behalf, His Excellency the Administrator of the Government 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 following regulations relating to the acceptance of complete specifications after the expiration of the prescribed time pursuant to section four of the Patents, Designs, and Trade-marks Amendment Act, 1924, and doth hereby declare that the said regulations shall come into force on the date of the publication thereof in the Gazette.