2994
THE NEW ZEALAND GAZETTE.
[No. 77

Fixing the Date and Place for the Payment of Land-tax and Income-tax under the Land and Income Tax Act, 1923, and the Land and Income Tax (Annual) Act, 1931.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 19th day of October, 1931.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

IN pursuance and exercise of the powers and authority vested in him under the Land and Income Tax Act, 1923, and the Land and Income Tax (Annual) 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 order and determine that the respective duties leviable under the said Acts by way of land-tax and income-tax shall be paid on the days and dates set forth hereunder:—

Land-tax under section two of the Land and Income Tax (Annual) Act, 1931: In one sum on Friday, the sixth day of November, one thousand nine hundred and thirty-one.

Income-tax under section three of the Land and Income Tax (Annual) Act, 1931: In one sum on Tuesday, the ninth day of February, one thousand nine hundred and thirty-two.

And, in further pursuance and exercise of the powers and authority aforesaid, and with the like advice and consent as aforesaid, His Excellency doth also determine that the place where the said duties of land-tax and of income-tax shall be payable shall be the Office of the Commissioner of Taxes, at the Government Buildings, Wellington, and that notice to the aforegoing effect shall be given by the said Commissioner accordingly.

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

Licensing the Roose Shipping Company, Limited, to Use and Occupy a Part of the Foreshore and Land below Low-water Mark at Mercer, Waikato River, as a Site for a Wharf and Shed.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 19th day of October, 1931.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by Order in Council dated the fifteenth day of October, one thousand nine hundred and seventeen, and published in the Gazette of the eighteenth day of the same month, at page 3941, the Waikato Shipping Company, Limited, was licensed to occupy, for a period of fourteen years, computed from the fifteenth day of October, one thousand nine hundred and seventeen, a part of the foreshore and land below low-water mark at Mercer, Waikato River, in order to erect and maintain thereon a wharf and shed, in accordance with plans marked M.D. 4764 and 4795, and deposited in the office of the Marine Department at Wellington:

And whereas the said license was, with the previous consent of the Minister of Marine, transferred to the Roose Shipping Company, Limited, of Mercer (hereinafter called “the company,” in which term is to be construed, unless the context requires a different construction, its successors or assigns):

And whereas the said license has expired, and the company 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 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 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 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 foreshore and land below low-water mark which is particularly shown and delineated on plans M.D. 4764 and 4795, so deposited as aforesaid, for the purpose of maintaining thereon a wharf and shed, erected in accordance with the said plans; 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 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 necessary for the maintenance of the said wharf and shed, as shown on plans M.D. 4764 and 4795, so deposited as aforesaid.

3. In consideration of the concessions and privileges granted by this Order in Council, the company shall pay to the Minister the sum of £1, and thereafter an annual sum of £5 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 15th day of October, 1931, until the 31st March following, to be paid on the company being supplied with a copy of this Order in Council.

4. All persons shall, at all reasonable times, upon payment of the proper dues, have full liberty to use the said wharf and shed, and all rights of ingress and egress thereon and therefrom.

5. 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 shed without payment.

6. The company shall maintain the above-mentioned wharf and shed 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 of by the Minister.

7. Any person authorized by the Minister may, at all reasonable times, enter upon the said wharf and shed and view the state of repair thereof; and upon such Minister leaving at or posting to the last-known address of the company in New Zealand a notice in writing of any defect or want of repair in such wharf and shed, requiring the company, within a reasonable time to be therein prescribed, to make good or repair the same, the company shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. The masters of all vessels discharging ballast at the said wharf and shed shall have all such ballast taken away by the company and deposited above high-water mark or at such places as may be approved by the Minister, or by any person appointed by the Minister for that purpose.

9. 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 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.

10. The rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years, computed from the 15th day of October, 1931, 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 previous written consent of the Minister first obtained.

11. The rights, powers, and privileges conferred under and by virtue of this Order in Council may be at any time resumed by the Governor-General, without payment of any compensation whatsoever, 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 address of the company in New Zealand.

12. In case the company 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 wharf and shed for a period of thirty days;
    (3) Fail to pay the sums specified in clause 3 of these conditions; or
    (4) Be in any manner wound up or dissolved;
    then, and in any of the said cases, this Order in Council, and every right, power, or privilege may be revoked and determined by the Governor-General in Council without any notice to the company or any other proceeding whatsoever; and publication in the Gazette of an Order in Council containing such revocation shall be sufficient notice to the company