JUNE 25.] THE NEW ZEALAND GAZETTE. 1831
And whereas the Dargaville Fire Board (hereinafter called "the Board,") in which term is to be construed, unless the context requires a different construction, its successors or assigns) has applied for a fresh license under the Harbours Act, 1923 (hereinafter called "the said Act"), for a further term of fourteen years, and it is advisable to grant the same:
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 Board 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 Board to use and occupy that part of the foreshore as shown on plan M.D. 4736, so deposited as aforesaid, for the purpose of maintaining the said fire-brigade station, such license to be held and enjoyed by the Board upon and subject to the terms and conditions set forth in the Schedule hereto.
SCHEDULE.
I. 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 adjacent thereto necessary for the maintenance of the said fire-brigade station as shown on the plan marked M.D. 4736 so deposited as aforesaid.
3. In consideration of the concessions and privileges granted by this Order in Council, the Board shall pay to the Minister, in respect of the site of the said fire-brigade station, an annual rental of 1s., payable on demand, such rent to date from the date 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, over, and out of the said fire-brigade station without payment.
5. The Board shall maintain the above-mentioned fire-brigade station in good order and repair; and shall at all times exhibit from the said fire-brigade station and maintain at the Board'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.
6. Any person authorized by the Minister may at all reasonable times enter upon the said fire-brigade station and view the state of repair thereof; and upon the Minister leaving at or posting to the last known address of the Board in New Zealand a notice in writing of any defect or want of repair in such fire-brigade station, requiring the Board within a reasonable time, to be therein prescribed, to make good or repair the same, the Board shall, with all convenient speed, cause such defect to be removed or such repairs to be made.
7. Nothing herein contained shall authorize the Board 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 thereunder, and that are now or may hereafter be in force.
8. The rights, powers, and privileges hereby conferred shall continue in force for fourteen years, computed from the 5th day of February, 1931, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the Board shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.
9. The said rights, powers, and privileges conferred under or by virtue of this Order in Council may be at any time resumed by the Governor-General, without payment of any compensation whatever, on giving to the Board 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 Board in New Zealand.
10. The Board shall be liable for any injury which the said fire-brigade station may cause any vessel or boat to sustain through any default or neglect on the part of the Board.
11. In case the Board 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 fire-brigade station for a period of thirty days,-
then, and in either 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 Board or any other proceedings whatsoever; and publication in the Gazette of an Order in Council containing such revocation shall be sufficient notice to the Board 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.
12. 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 Board shall, if required by the Minister so to do, remove any structure thereon entirely from the site and restore the site to its original condition within three months from the date of the revocation or expiry, as the case may be; and if the Board fails so to do, the Minister may cause the said structure to be removed and the site so restored, and may recover the costs incurred by the said removal and restoration from the Board.
F. D. THOMSON,
Clerk of the Executive Council.
Making Regulations under the Hawke's Bay Earthquake Act, 1931.
BLEDISLOE, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 23rd day of June, 1931.
Present:
His Excellency The Governor-General in Council.
IN pursuance and exercise of the powers conferred upon him by section sixty-six of the Hawke's Bay Earthquake Act, 1931, 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 make the following regulations for the purpose of the said Act, and doth hereby declare that these regulations shall come into force as from the twenty-third day of June, one thousand nine hundred and thirty-one.
REGULATIONS.
WHERE, pursuant to the provisions of section 119 of the Licensing Act, 1908, a Licensing Committee exercising jurisdiction within the Hawke's Bay Earthquake Area has transferred any license, and the house in respect of which such license was held was destroyed by the Hawke's Bay earthquake, and the transferee of such license has, pursuant to the provisions of the Licensing Act, 1908, applied at the annual meeting of the said Committee for a new license and such application has not been finally disposed of by the said Committee on or before the day of the expiry by effluxion of time of the license held by the said transferee, the license so held shall be deemed to be extended until the application is finally disposed of, and the provisions of subsections (2) and (3) of section 116 of the Licensing Act, 1908, shall, mutatis mutandis, apply to such license during the period for which it is so extended.
F. D. THOMSON,
Clerk of the Executive Council.
Order in Council authorizing the Borrowing of the Sum of £50,400 by way of Hypothecation of Debentures issued by the Christchurch Drainage Board in respect of a Loan of £90,000.
BLEDISLOE, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 23rd day of June, 1931.
Present:
His Excellency The Governor-General in Council.
WHEREAS the Christchurch Drainage Board (hereinafter called "the said local authority") has been authorized to borrow in respect of a loan to be known as "Drainage Loan 1905 Redemption Loan, 1931," the sum of ninety thousand pounds, and the sum of fifty thousand four hundred pounds has not yet been borrowed:
And whereas the said local authority is desirous of borrowing the sum of fifty thousand four hundred pounds pursuant