164

THE NEW ZEALAND GAZETTE.

[No. 4

Licensing Ernest Deeble, of Coromandel, to occupy a Part of
the Foreshore and Land below Low-water Mark at Waiaro,
Coromandel Peninsula, for the Purpose of erecting a Hopper
thereon and taking Shingle.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 19th day of
January, 1925.
Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.
WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Ernest
Deeble, of Coromandel (hereinafter called “the licensee”),
has applied to the Governor-General in Council for a license
under the Harbours Act, 1923 (hereinafter called “the said
Act”), to use and occupy a part of the foreshore and land
below low-water mark at Waiaro, Coromandel Peninsula,
for the purpose of erecting a hopper thereon and taking
away the shingle deposited thereon; and, in accordance
with the provisions of the said Act, has deposited a plan
in the office of the Marine Department at Wellington (marked
M.D. 5971) showing the area of foreshore and land below
low-water mark intended to be occupied for such purpose :
And whereas it is desirable to grant the license applied for :
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
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 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 deposited thereon, 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 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. 5971, 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 licensee 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 £104, to be
   applied as hereinafter provided, payable on the first 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, 1925, the amount to be deposited shall be an amount
   proportionate to the said period at the rate of £104 per annum,
   to be deposited on the licensee being supplied with a copy
   of this Order in Council.
4. The royalty payable by the licensee in consideration of
   the concessions and privileges hereby granted shall be at
   the rate of 9d. per cubic yard on all shingle taken from either
   above or below high-water mark for the first two years of
   the period for which this license is granted, and at the rate
   of 1s. per cubic yard on all shingle so taken for the balance
   of the said period. If in any year the licensee fails to remove
   any shingle 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 licensee removes any shingle
   the deposit shall, in proportion to the amount of shingle 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 £104. All such payment shall be made to the Superin-
   tendent of Mercantile Marine at Auckland, or such other
   person as the Minister may direct.
5. His Majesty or the Governor-General, and all other
   officers in the Government Service acting in execution of
   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 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 Har-
   bours 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 licensee
   shall not assign, charge, or part with any such right, power,
   or privilege without the previous written consent of the Minis-
   ter 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 licensee 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 licensee in New Zealand
9. The licensee shall keep a strictly accurate record of all
   shingle removed, whether from above or below high-water
   mark, and shall submit the same for inspection immediately
   at the end of each month to the Superintendent of Mercantile
   Marine at Auckland or such other officer as may be appointed
   by the Minister; and shall at the same time pay to the
   Superintendent or other officer as aforesaid the amount of
   royalty due to the Minister.
10. In case the licensee shall-
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them;
    (2.) Become bankrupt, or be brought under the operation
    of any law for the time being in force relating to
    bankruptcy;
    (3.) Fail to pay the sums specified in Clauses 3 and 4 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 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.
11. Payment by the licensee of any of the sums herein-
    before mentioned shall be sufficient evidence of the acceptance
    by him of the terms and conditions of this Order in Council.
    F. D. THOMSON,
    Clerk of the Executive Council.
    The Northern Side of Forth Street, in the City of Christchurch,
    exempted from the Provisions of Section 117 of the Public
    Works Act, 1908, subject to a Condition as to the Building-
    line.
    CHARLES FERGUSSON, Governor-General.
    ORDER IN COUNCIL.
    At the Government House at Wellington, this 19th day of
    January, 1925.
    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 any-
    wise 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 Christchurch City Council on the seventeenth
    day of November, one thousand nine hundred and twenty-
    four, viz. :-
    “The Christchurch City Council, having control of
    Forth Street in the City of Christchurch, hereby by resolu-
    tion declares that the provisions of section one hundred and
    seventeen of the Public Works Act, 1908, shall not apply
    to the north side of the said street”;
    subject to the condition that no building or part of a building
    shall at any time be erected on the northern side of Forth
    Street described in the Schedule hereto within a distance of
    thirty-three feet from the centre-line of the said street, such
    condition being of the same effect as section thirty-five of
    the City of Christchurch By-law No. 1 (1916), Part I, relating
    to building-line.