JULY 9.] THE NEW ZEALAND GAZETTE. 2043

6. LOCATION OF OVERHEAD LINES.

Notwithstanding anything hereinbefore contained, one side
of every road or street shall be left free by the licensee for
telegraph-lines. Lines shall not be erected on both sides of
a road or street unless the permission of the Minister of
Telegraphs or the Post and Telegraph Department is first
obtained in accordance with clause 5 of the regulations.
Except at crossing-places, the minimum separation between
a telephone-line and poles carrying high or extra-high tension
circuits shall be equal to the height of the taller pole.

7. CONVERSION OF LINES FROM EARTH-WORKING TO METALLIC.

Notwithstanding anything herein contained, the licensee
shall bear the cost of converting the Railways Department's
lines which are now erected from earth-working to metallic
if required by the Minister of Railways owing to electrical
interference arising from the licensee's lines.

8. TELEGRAPH-LINES.

The licensee shall rectify to the satisfaction of the Minister
of Railways or the Minister of Telegraphs any interference
or disturbance caused by the erection or operation of the
licensee's system that affects the satisfactory working of the
telegraph-lines which are the property of the Railways Depart-
ment or the Telegraph Department, and which were erected
prior to the licensee's lines.

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

Licensing Ernest Wilford Gillett to use and occupy a Part of
the Foreshore at Cannibal Cove, Queen Charlotte Sound, as
a Site for a Jetty.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 6th day of
July, 1925.

Present:

His Excellency The Governor-General in Council.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Ernest
Wilford Gillett, of Cannibal Cove, Picton (who with his
executors, administrators, and assigns is hereinafter referred
to as "the licensee"), has applied to the Governor-General
in Council for a license under the Harbours Act, 1923 (herein-
after called "the said Act"), to occupy a part of the foreshore
at Cannibal Cove, Queen Charlotte Sound, as a site for a jetty,
to be built in the position and in accordance with a plan
marked M.D. 6038, and deposited in the office of the Marine
Department at Wellington:

And whereas it has been made to appear to the Governor-
General in Council that the proposed work will not be or tend
to the injury of navigation; and the said plan has, prior to
the making of this Order in Council, been approved by the
Governor-General in Council:

And whereas it is desirable that a license should be
granted and issued to the licensee under the said Act, for
the purpose aforesaid, on the terms and conditions hereina-
after expressed:

Now, therefore, His Excellency the Governor-General of
the Dominion of New Zealand, in pursuance and exercise of
the power and authority conferred upon 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 on which the said jetty is to be
erected, as shown on the plan marked M.D. 6038 deposited
as aforesaid, for the purpose of maintaining the said jetty
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--

"Foreshore" means such part 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 that part of the
   foreshore occupied by the said jetty, as shown on the plan
   marked M.D. 6038.

3. In consideration of the concessions and privileges granted
   by this Order in Council the licensee shall pay to the Minister
   the sum of £2 10s., and thereafter an annual sum of £1 in
   advance, payable on the 1st day of April each year, the
   proportionate part of such rental in respect of the period
   from the date hereof until the 31st day of March following
   to be paid on the licensee 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 jetty without payment.

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

6. The licensee shall maintain the above-mentioned jetty
   in good order and repair; and shall at all times exhibit
   therefrom, and maintain at the licensee's own cost, suitable
   and necessary lights for the guidance of vessels; provided
   that no light shall be exhibited until after it has been
   approved by the Minister.

7. Any person authorized by the Minister may, at all
   reasonable times, enter upon the said jetty and view the
   state of repair thereof; and upon such Minister leaving at
   or posting to the last known address of the licensee in New
   Zealand a notice in writing of any defect or want of repair
   in such jetty, requiring the licensee within a reasonable
   time, to be therein prescribed, to repair the same, the licensee
   shall with all convenient speed cause such defect to be removed
   or such repairs to be made.

8. Nothing herein contained shall authorize the licensee
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the 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 jetty shall
   be taken away by the licensee 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 licensee 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, and the licensee
    may be required to remove the jetty at the licensee's cost,
    without payment of any compensation whatever, on giving
    to the licensee 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 licensee in New Zealand.

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

13. In case the licensee shall--
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them;

(2.) Cease to use or occupy the said jetty for a period of
thirty days;

(3.) Become bankrupt, or be in any manner brought under
the operation of any law in force for the time being
relating to bankruptcy; or

(4.) Fail to pay the sums specified in clause 3 of these con-
ditions,--
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 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 de-
termined.

14. In the event of this Order in Council being revoked for
    any reason whatsoever, or upon the expiry of the period for