2868
THE NEW ZEALAND GAZETTE.
[No. 68

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 that part of the
   foreshore occupied by the said wharf and slip as shown on
   the plans marked M.D. 1926, 1927, and 1934A.

3. In consideration of the concessions and privileges granted
   by this Order in Council the company shall pay to the Minister
   the sum of £2 10s., and thereafter an annual sum of £5 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 company 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 wharf and slip 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 wharf and slip and all rights of ingress and egress
   thereon and therefrom.

6. The company shall maintain the above-mentioned wharf
   and slip in good order and repair, and shall at all times exhibit
   therefrom, and maintain at the company'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 wharf and slip and view
   the state of repair thereof ; and upon such Minister leaving at
   or posting to the last known registered office of the company in
   New Zealand a notice in writing of any defect or want of
   repair in such wharf and slip, requiring the company, within
   a reasonable time, to be therein prescribed, to repair the
   same, the company shall with all convenient speed cause such
   defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorize the company
   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 wharf shall
   be taken away by the company 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 four-
    teen 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 company 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 company
    may be required to remove the wharf and slip at the com-
    pany's cost, without payment of any compensation what-
    ever, on giving to the company 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 registered office of the company in New Zealand.

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

13. In case the company's 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 wharf and slip for a
    period of thirty days ;
    (3.) Be in any manner wound up or dissolved ; or
    (4.) Fail to pay the sums 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 company 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 company, and to all persons concerned or interested,
    that this Order in Council, and the license, rights, and privi-
    leges thereby granted and conferred, have been revoked and
    determined.

14. In the event of this Order in Council being revoked for
    any reason whatsoever, or upon the expiry of the period for
    which the license is granted, the company shall, if required
    by the Minister so to do, remove the said wharf and slip
    entirely from the site, and restore the site to its original
    condition within three months from the date of revocation
    or expiry, as the case may be ; and if the company fails so
    to do, the Minister may cause the said wharf and slip to be
    removed and the site so restored, and may recover the costs
    incurred by the said removal and restoration from the com-
    pany.

15. The occupation of the said wharf and slip shall be
    sufficient evidence of the acceptance by the company of the
    terms and conditions of this Order in Council.

C. A. JEFFERY,
Acting Clerk of the Executive Council.

Part III of Rabbit Nuisance Act, 1908, declared not to be in
Operation in Mairoa Rabbit District.—Notice No. Ag. 2600.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 4th day of
October, 1926.

Present :

His Excellency the Governor-General in Council.

WHEREAS by Order in Council made on the fourteenth
day of April, one thousand nine hundred and twenty-
five, and published in the Gazette on the twenty-third day of
April, one thousand nine hundred and twenty-five, at page 1097,
the lands described in the Schedule thereto were constituted
and declared a rabbit district for the purposes of Part III
of the Rabbit Nuisance Act, 1908, by the specific name of
the Mairoa Rabbit District :

And whereas a report has been presented to His Excellency
the Governor-General in pursuance of section sixty-seven of
the said Act :

Now, therefore, in pursuance and exercise of the powers
and authority conferred upon him by sections sixty-seven
and eighty-five of the said Act, 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 declare that Part III of the said Act
shall cease to be in operation in the said district as from the
date of the publication of this Order in Council in the Gazette.

C. A. JEFFERY,
Acting Clerk of the Executive Council.

Portion of Marfell's Beach Road, in County of Awatere, 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 4th day of
October, 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 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 Awatere County Council on the third day of
December, one thousand nine hundred and twenty-five, in
so far as it affects the portion of road described in the Schedule
hereto, viz. :—

“The Awatere County Council, having control of that
street known as Marfell's Beach Road, and being parts of
Sections 20 and 54, Flaxbourne District, and more par-
ticularly shown on a plan deposited in the Lands Registry
Office at Blenheim as No. 1018, by resolution declares that
the provisions of section one hundred and seventeen of the
Public Works Act, 1908, shall not apply to the said street ” ;
subject to the condition that no building or part of a building
shall at any time be erected on the land fronting either side
of the portion of road (described in the Schedule hereto),
within a distance of thirty-three feet from the centre-line of
the said portion of street.