2550
THE NEW ZEALAND GAZETTE.
[No. 63

Licensing Occupation of Foreshore in Half-moon Bay,
Stewart Island.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 7th day of September, 1925.

Present:

His Excellency the Governor-General in Council.

WHEREAS, there being no Harbour Board empowered to grant the licenses hereinafter mentioned under the Harbours Act, 1923 (hereinafter called “the said Act”), the persons named in the first column of the First Schedule hereto (hereinafter called “the licensees”) have applied to the Governor-General in Council for licenses under the said Act to occupy the parts of the foreshore, and of the land below low-water mark adjacent thereto, in Half-moon Bay, Stewart Island, as described in the second column of the First Schedule hereto, and shown on plan marked M.D. 2127, which has been deposited in the office of the Marine Department, at Wellington, for the purposes specified in the third column of the First Schedule hereto :

And whereas the Governor-General in Council has approved of the purposes for which the said foreshore and land below low-water mark are to be occupied :

And whereas it is expedient that licenses should be granted and issued to the licensees under the said Act for the purposes aforesaid, on the terms and conditions set forth in the Second Schedule hereto :

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 by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the purposes for which the said licenses are required by the licensees 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 licensees to use and occupy the parts of the foreshore and of the land below low-water mark as shown on the plan so deposited as aforesaid, for the purpose of maintaining thereon the works described in the third column of the First Schedule hereto which have been erected in accordance with the said plan marked M.D. 2127 ; such licenses to be held and enjoyed by the licensees at the annual rentals specified in the fourth column of the First Schedule hereto, and subject to the terms and conditions set forth in the Second Schedule hereto.

FIRST SCHEDULE.

SECOND SCHEDULE.

CONDITIONS.

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 those parts of the foreshore and land below low-water mark necessary for the erection of the structures described in the third column of the First Schedule of this Order in Council.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensees shall each pay to the Minister the annual sums respectively specified in the fourth column of the First Schedule of this Order in Council, payable on the 1st day of April, dating from the nineteenth day of May, 1925.

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 sheds without payment.

5. The licensees shall maintain the above-mentioned sheds in good order and repair.

6. Any person authorized by the Minister may at all reasonable times enter upon the said sheds and view the state of repair thereof ; and upon such Minister leaving at or posting to the last known address of the licensees, or any of them, a notice in writing of any defect or want of repair in his or her sheds or shed, requiring him or her, within a reasonable time, to be therein prescribed, to repair the same he or she shall with all convenient speed cause such defect to be removed or such repairs to be made.

7. Nothing herein contained shall authorize the licensees, or any of them, 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.

8. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for fourteen years from the 19th day of May, 1925, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority, and the licensees shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

9. 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 licensees, or any of them, 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 respect of whose rights it is given.

10. The licensees shall be liable for any injury which their sheds may cause any vessel or boat to sustain through any default or neglect on their part.

11. In case any of the licensees shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them ;
    (2.) Cease to use or occupy his or her shed for a period of thirty days ;
    (3.) Become a bankrupt, or be in any manner brought under the operation of any Act for the time being in force relating to bankruptcy ; or
    (4.) Fail to pay the sums specified in clause 3 of these conditions,

then and in either of the said cases every right, power, or privilege granted to him or her by this Order in Council 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 the license, rights, and privileges thereby granted and conferred have been revoked and determined so far as concerns the person in respect of whom the revocation is made.

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

Modifying Tariff Agreement with the Union of South Africa.
(C. No. 31.)

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington this 7th day of September, 1925.

Present:

His Excellency the Governor-General in Council.

WHEREAS by Order in Council dated the seventeenth day of November, one thousand nine hundred and twenty-two, and published in the Gazette of the eighteenth day of the same month, His Excellency the Governor-General of the Dominion of New Zealand, acting under authority conferred on him by sections eight and twelve of the Customs Amendment Act, 1921, suspended the Tariff in its application to certain goods being the produce or manufacture of the Union of South Africa, and by the same order imposed certain duties and created certain exemptions in respect of such goods :

And whereas it is desired to revoke the said Order in Council, and to make other provision in lieu thereof :

Now, therefore, in pursuance and exercise of the powers conferred on him by sections eight and twelve of the Customs Amendment Act, 1921, His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of that Dominion,