MAY 15.]

Licensing William Henry Rush and William Alcock, of Auckland, to occupy Part of the Land below Low-water Mark at Whangapoua for the Purpose of taking Sand.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 7th day of May, 1930.

Present:

THE HONOURABLE G. W. FORBES, PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, William Henry Rush and William Alcock, of Auckland (who, with their executors, administrators, and assigns, are hereinafter called “the licensees”), have applied to the Governor-General in Council for a license under the Harbours Act, 1923 (hereinafter called “the said Act”), to use and occupy parts of the land below low-water mark as specified in the Schedule No. 1 hereto, for the purpose of taking away the sand deposited thereon; and, in accordance with the provisions of the said Act, have deposited a plan in the office of the Marine Department at Wellington (marked M.D. 6775) showing, coloured red, the area of 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 licensees 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 licensees to use and occupy that part of the land below low-water mark which is particularly shown and delineated in red on the plan so deposited as aforesaid, for the purpose of taking away the sand deposited thereon, such license to be held and enjoyed by the licensees upon and subject to the terms and conditions set forth in Schedule No. 2 hereto.

SCHEDULE No. 1.

ALL that area of land below low-water mark, ordinary spring tides, at Whangapoua, situate to the eastward of a straight line drawn from Point D to Point E on plan M.D. 6775, which points (D) and (E) are on the shore ends of a line joining Trig. Stations J.J. and K.K.; as same is shown coloured red on plan marked M.D. 6775.

SCHEDULE No. 2.

1. In these conditions the term—

“Low-water mark” means low-water 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 land below low-water mark necessary for the purposes hereinbefore mentioned, as shown in red on the plan marked M.D. 6775, deposited in the office of the Marine Department as aforesaid, and specified in Schedule No. 1.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensees 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 £25, to be applied as hereinafter provided, payable on the 1st day of April each year: Provided that in respect of the period from the date of the Order in Council until the 31st day of March, 1931, the amount to be deposited shall be an amount proportionate to the said period at the rate of £25 per annum, to be deposited on the licensees being supplied with a copy of this Order in Council.

4. The royalty payable by the licensees in consideration of the concessions and privileges hereby granted shall be at the rate of 3d. per cubic yard on all sand dredged. If in any year the licensees fail to remove any sand the deposit hereinbefore referred to shall be appropriated by the Minister as flat rental in respect of that year; but if, during any year, the licensees remove any sand, the deposit shall, in proportion to the amount of sand 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 not less than £25. 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 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 licensees 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 licensees 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 licensees 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 address of the licensees in New Zealand.

9. The licensees shall keep a strictly accurate record of all sand removed, and shall submit the same for inspection immediately at the end of each month to the Superintendent of Mercantile Marine at Auckland or such other officer as may be appointed by the Minister; and shall at the same time pay to the Superintendent or other officer as aforesaid the amount of royalty due to the Minister.

10. In case the licensees shall-

(1) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;

(2) Become bankrupt or be in any manner brought under the operation of any law in force for the time being relating to bankruptcy; or

(3) Fail to pay the sums specified in clauses 3 and 4 of these conditions-

then, and in any such case, this Order in Council, and every license, right, power, or privilege thereby conferred, may be revoked and determined by the Governor-General in Council without any notice to the licensees or other proceedings whatsoever; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to the licensees, 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.

11. Payment by the licensees of any of the sums hereinbefore mentioned shall be sufficient evidence of the acceptance by the licensees of the terms and conditions of this Order in Council.

F. D. THOMSON,

Clerk of the Executive Council.

Order in Council consenting to the Raising of a Loan of £516, by the Levels County Council.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 7th day of May, 1930.

Present:

THE HONOURABLE G. W. FORBES, PRESIDING IN COUNCIL.

WHEREAS the Levels County Council (hereinafter called “the said local authority”) proposes to borrow, in accordance with the provisions of section three of the Main Highways Amendment Act, 1928, the sum of five hundred and sixteen pounds by a loan to be known as “Pareora River Bridge Loan, 1930,” for the purpose of providing its proportion of the cost of construction the Pareora River Bridge:

Now, therefore, 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, and in pursuance and exercise of the powers and authorities conferred on him by the Local Government Loans Board Act, 1926, and of all other powers and authorities enabling him in this behalf, doth hereby consent to the raising by the said local authority of the sum of five hundred and sixteen pounds for a term of one year, at such rate or rates of interest as shall not produce to the lenders a rate exceeding the rate of five pounds ten shillings per centum per annum, subject to the condition that the said local authority shall repay the said sum on or before the thirty-first day of March, one thousand nine hundred and thirty-one.

F. D. THOMSON,

Clerk of the Executive Council.

(T. 49/256/1.)