APRIL 29.] THE NEW ZEALAND GAZETTE. 1107

vided that should an electric-power district be constituted under the Electric-power Boards Act, 1918, including the Rawene Town District, or should the Rawene Town Board commence to supply electrical energy in the said town district, the licensee shall within three months after the receipt of a notice in writing from either the Electric-power Board or the Town Board 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 term, 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.

5. REQUIREMENTS OF RAWENE TOWN BOARD.

Notwithstanding anything hereinbefore contained, the licensee shall not be entitled to erect, maintain, or use any electric lines within the Town District of Rawene except subject to such conditions, not inconsistent with the provisions of this license and the regulations relating thereto, or any variation of this license or the regulations, or new regulations which may take the place of these regulations, as may from time to time be agreed upon between the licensee and the Rawene Town Board.

6. TELEGRAPH DEPARTMENT’S LINES.

The licensee shall rectify to the satisfaction of 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 Telegraph Department, and which were erected prior to the licensee’s lines.

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

Licensing Ethel Broughton Hazelwood to use and occupy a Part of the Foreshore at Anakiwa, Grove, Queen Charlotte Sound, as a Site for a Jetty.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 20th day of April, 1926.

Present:

THE RIGHT HONOURABLE J. G. COATES, P.C., PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Ethel Broughton Hazelwood, of Anakiwa (who with her 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 (hereinafter called “the said Act”), to occupy a part of the foreshore at Anakiwa, Grove, Queen Charlotte Sound, as a site for a jetty, to be built in the position and in accordance with plan marked M.D. 6144, 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 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 hereinafter 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 in plan marked M.D. 6144 deposited as aforesaid, for the purpose of maintaining the said structure 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 and terms—

“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. 6144.

3. In consideration of the concessions and privileges granted by this Order in Council the licensee shall pay to the Minister the sum of £1, 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 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 payment 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 inconsistent 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 thereafter 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 move 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 hereinbefore 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 sum 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 licensee or other proceeding whatsoever; and publication in the New Zealand Gazette of an Order in Council