1432
THE NEW ZEALAND GAZETTE.
[No. 29

of New Zealand, acting by and with the advice and consent
of the Executive Council of the said Dominion, and with
the concurrence of the Chief Justice of New Zealand and of
four other Judges of the Supreme Court of New Zealand, doth
hereby, as from the date when this Order in Council takes
effect, revoke rule eighty-nine of the rules made under the said
Act on the twenty-first day of March, one thousand eight
hundred and ninety-three, and published in the Gazette of
the twenty-third day of March then instant, and in lieu
thereof doth hereby make the rule set forth in the Schedule
hereto; and doth hereby declare that this Order in Council
shall take effect on and after the thirteenth day of June,
one thousand nine hundred and twenty-seven.

SCHEDULE.

RULE 89: A bankruptcy notice shall be served, and the
service thereof shall be proved, in the like manner as is by
the said Act and by the Bankruptcy Rules, 1893, prescribed
for the service and proof of service respectively of a creditor’s
petition.

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

Licensing Carr, Pountney, and Co., Ltd., to use and occupy a
Part of the Foreshore at Wharekawa, Firth of Thames, as
a Site for a Hopper.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 9th day of
May, 1927.

Present:

His Excellency the Governor-General in Council.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Carr,
Pountney and Co., Ltd., of Auckland (who, with its successors
and assigns, is hereinafter referred to as “the company”), 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 Wharekawa, Firth of
Thames, as a site for a hopper, to be built in the position
and in accordance with plans (sheets 1 and 2) marked
M.D. 6334, and deposited in the office of the Marine Depart-
ment 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 company 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 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 fore-
shore on which the said hopper is to be erected, as shown on
plans marked M.D. 6334, deposited as aforesaid, for the pur-
pose of maintaining the said structure 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 terms—
   “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 hopper as shown on the plan
   marked M.D. 6334 (sheet 2).

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 £10 in
   advance, payable on the 1st day of April each year, the first
   of such yearly payments 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 hopper 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 hopper, and all rights of ingress and egress thereon and
   therefrom.

6. The company shall maintain the above-mentioned hopper
   in good order and repair, and shall at all times exhibit there-
   from, 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 reason-
   able times enter upon the said hopper 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 hopper, 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 inconsistent
   with any law relating to the Customs, or with any provisions
   of the Harbours Act, 1923, or its amendments, or any regula-
   tions made thereunder, and that are now or may hereafter be
   in force.

9. The ballast of all vessels loading at the said hopper 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 fourteen
    years from the 1st April, 1927, 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 hopper at the company’s cost, without
    payment of any compensation whatever, 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 hopper may cause any vessel or boat to sustain through
    any default or neglect on the company’s part.

13. In case the company 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 hopper for a period of
    thirty days;
    (3) Be in any manner wound-up or dissolved;
    (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 privileges 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 hopper 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 hopper to be removed and the site
    so restored, and may recover the costs incurred by the said
    removal and restoration from the company.

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

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