Feb. 16.] THE NEW ZEALAND GAZETTE. 405

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 aforesaid, doth hereby license and permit the licensee to use and occupy that part of the foreshore on which the said stacking-stage is to be erected, as shown on plan marked M.D. 6423, deposited as aforesaid, for the purpose of maintaining the said stacking-stage thereon, such license to be held and enjoyed by the licensee upon and subject to the terms 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 that part of the foreshore occupied by the said stacking-stage, as shown on the plan marked M.D. 6423.

3. In consideration of the concessions and privileges granted by this Order in Council the licensee shall pay to the Minister the sum of £2 10s., and thereafter an annual sum of £3 in advance, payable on the 1st day of April in 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 stacking-stage, 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 stacking-stage, and all rights of ingress and egress thereon or therefrom.

6. The licensee shall maintain the above-mentioned stacking-stage 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 of by the Minister.

7. The ballast of all vessels loading at the said stacking-stage 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.

8. Any person authorized by the Minister may at all reasonable times enter upon the said stacking-stage, 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 stacking-stage, 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.

9. 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 hereafter be in force.

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 remove the stacking-stage 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 stacking-stage 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 stacking-stage for a period of thirty days;

(3) Become bankrupt, or be brought under the operation of any law 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 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 containing such revocation shall be sufficient notice to the licensee, 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 licensee shall, if required by the Minister so to do, remove the said stacking-stage 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 licensee fails so to do, the Minister may cause the said stacking-stage to be removed and the site so restored, and may recover the costs incurred by the said removal and restoration from the licensee.

15. The erection of the said stacking-stage shall be sufficient evidence of the acceptance by the licensee of the terms and conditions of this Order in Council.

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

———

License authorizing the Union Steam Ship Company of New Zealand, Ltd., to erect Electric Lines in and about the Port Chalmers Marine Repair Works.

———

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 14th day of February, 1928.

Present:

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

IN pursuance and exercise of the powers conferred by the Public Works Amendment Act, 1911, and of all other powers in anywise enabling him in that 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—subject to the conditions set forth in the Schedule hereto, and to the regulations made under section two of the aforesaid Act, and dated the eleventh day of July, one thousand nine hundred and twenty-seven, and published in the New Zealand Gazette of the twelfth day of the same month, or any regulations hereafter made in amendment thereof or in substitution therefor (and hereinafter collectively referred to as “the regulations”), and which regulations shall be deemed to be incorporated herein—hereby authorize the Union Steam Ship Company of New Zealand, Ltd. (hereinafter referred to as “the licensee”), to erect and maintain electric lines for lighting, power, and heating purposes along the routes described in the Schedule hereto.

———

SCHEDULE.

1. ROUTES OF ELECTRIC LINES.

LINES commencing at the licensee’s generating-station situated near the Port Chalmers Marine Repair Works, and proceeding thence generally to and along about and across the said Repair Works and the Otago Dock, the Port Chalmers Dock, the Union Steam Ship Company’s Wharf, and the George Street Wharf.

As the said lines are more particularly delineated on the plan marked P.W.D. 69479, deposited in the office of the Minister of Public Works, at Wellington, in the Wellington Land District, and thereon coloured green and yellow.