1646

THE NEW ZEALAND GAZETTE.

[No. 41

In the Southland Land District; as the same are more particularly delineated on the plan marked P.W.D. 49600, deposited in the office of the Minister of Public Works at Wellington, in the Wellington Land District, and thereon coloured green.

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

(P.W. 47/696.)

The Eastern Side of Portion of Wilton Road, in the City of Wellington, 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 14th day of June, 1926.

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 anywise 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 Wellington City Council on the twenty-fifth day of February, one thousand nine hundred and twenty-six, viz.:

“The Wellington City Council, being the local authority having control of the streets in the City of Wellington, hereby declares that the provisions of section one hundred and seventeen of the Public Works Act, 1908, shall not apply to the eastern side of that portion of Wilton Road beginning at its junction with Creswick Terrace and extending for a distance of approximately 237·88 links, being the part of road fronting Lot 17, Deeds plan 108, being part Section 32, Karori District ”;

subject to the condition that no building or part of a building shall at any time be erected on the land fronting the eastern side of the portion of Wilton Road (described in the Schedule hereto), within a distance of thirty-three feet from the centre-line of the said portion of street.

SCHEDULE.

THE eastern side of all that portion of street, situated in the Wellington Land District, City of Wellington, known as Wilton Road, fronting Lot 17, D.P. 108, being part Section 32, Karori District. As the said portion of street is more particularly delineated on the plan marked P.W.D. 65676, deposited in the office of the Minister of Public Works at Wellington, in the Wellington Land District, and thereon coloured pink.

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

(P.W. 51/778.)

Licensing J. J. Craig (Limited), of Auckland, to occupy a Part of the Foreshore and Land below Low-water Mark at Stony and Shag Bays, Coromandel Peninsula, for the Purpose of taking Shingle and Sand.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 14th day of June, 1926.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS there being no Harbour Board empowered to grant the license hereinafter mentioned, J. J. Craig (Limited), Auckland (who, with its successors and assigns, is hereinafter called “the company”), 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 Stony and Shag Bays, Coromandel Peninsula, for the purpose of taking away the shingle and sand 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. 6183), showing, edged red, 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 company 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 company 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 and sand deposited thereon, such license to be held and enjoyed by the company upon and subject to the terms and conditions set forth in the Schedule hereto.

SCHEDULE.

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 purposes hereinbefore mentioned, as shown within a red line on the plan marked M.D. 6183, 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, on being supplied with a copy thereof, pay to the Minister the sum of £2 10s., and thereafter shall deposit annually the sum of £52, 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, 1927, the amount to be deposited shall be an amount proportionate to the said period at the rate of £52 per annum, to be deposited on the company being supplied with a copy of this Order in Council.

4. The royalty payable by the company in consideration of the concessions and privileges hereby granted shall be at the rate of 1s. per cubic yard on all shingle and sand taken from the said area, and/or shipped across the foreshore. If in any year the company fails to remove any shingle or sand 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 company removes any shingle and sand, 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 £52. All such payments shall be made to the Superintendent 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 and in the execution of their duties, shall at all times have free ingress, passage, and egress into, through, and out of the said land without payment.

6. 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.

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 company shall not assign, charge, or part with any such right, power, or privilege, without the written consent of the Minister 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 company 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 registered office of the company in New Zealand.

9. The company shall keep a strictly accurate record of all shingle and sand removed, whether from above or below low-water mark, and shall submit the same for inspection imme-