544
THE NEW ZEALAND GAZETTE.
[No. 19

approve of the purpose and object for which the said license is required by the Council 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 Council to use and occupy that part of the foreshore which is particularly shown and delineated on plan M.D. 4892 so deposited as aforesaid for the purpose of maintaining thereon the said landing-place erected in accordance with the said plan, such license to be held and enjoyed by the Council upon and subject to the terms and conditions set forth in the Schedule hereto.

SCHEDULE.

CONDITIONS OF MANAGEMENT.

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 the part of the foreshore and land below low-water mark adjacent thereto necessary for the maintenance of the said landing-place at the site shown on the plan marked M.D. 4892.

3. All persons shall, at all reasonable times, and upon payment of the proper dues, have free and full liberty to use the above-mentioned landing-place, and all rights of ingress and egress thereto and therefrom.

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, over, and out of the said landing-place without payment.

5. The Council shall maintain and keep the above-mentioned landing-place and all erections on or in connection with the landing-place in good order and repair; and shall at all times exhibit therefrom, and maintain at the Council’s own cost, suitable and necessary lights for the guidance of vessels:
   Provided that no new light shall be exhibited until after it has been approved by the Minister.

6. All dues and rates received on account of the said landing-place by the Council shall be applied to keeping such landing-place, and all erections on or in connection with such landing-place, in good order and repair.

7. Any person authorized by the Minister may, at all reasonable times, enter upon the above-mentioned landing-place, and any buildings erected thereon or in connection therewith, and view the state of repair thereof; and upon the Minister leaving at or posting to the last known address of the Council in New Zealand a notice in writing of any defect or want of repair in such landing-place or buildings requiring the Council, within a reasonable time, to be therein prescribed, to make good or repair the same, the Council 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 landing-place shall have all such ballast taken away 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.

9. The Council shall not erect or suffer to be erected on the said landing-place any building or structure whatever, except with the consent of the Minister first obtained.

10. The Council shall keep a separate account of the receipts and expenditure on account of such landing-place and premises, and shall cause such account to be balanced to the 31st day of March in every year, and shall send a copy of such account, when balanced, to the Minister, and shall supply any particulars in reference thereto as may be required by the Minister.

11. The Council shall appoint all officers necessary for the working and management of the said landing-place.

12. Nothing herein contained shall authorize the Council to do or cause to be done anything repugnant to or inconsistent with any law relating to the Customs, or any regulations of the Minister of Customs, or with any provisions of the Harbours Act, 1923, or its amendments, or any regulation thereunder, and that are now or may hereafter be in force.

13. The rights, powers, and privileges hereby conferred shall continue to be in force until the 9th day of January, 1941, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the Council shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

14. The 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 Council 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 Council in New Zealand.

15. The Council shall be liable for any injury which may be caused by the said landing-place to any vessel or boat through any default or neglect on the part of the Council.

16. In case the Council shall—
    (1) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them; or
    (2) Cease to use or occupy the said landing-place for a period of thirty consecutive 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 Council or other proceedings whatsoever; and publication in the Gazette of an Order in Council containing such revocation shall be sufficient notice to the Council 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.

17. 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 Council shall, if required by the Minister so to do, remove the said landing-place 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 Council fails so to do, the Minister may cause the said landing-place to be removed and the site so restored, and may recover the costs incurred by the said removal and restoration from the Council.

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

Order in Council making a Regulation under the Hawke’s Bay Earthquake Act, 1931, authorizing the Hawke’s Bay Rivers Board to use Loan-moneys for Purposes other than the Purposes for which such Moneys were borrowed.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 14th day of March, 1932.

Present:

His Excellency the Governor-General in Council.

IN pursuance and exercise of the powers and authorities conferred on him by section sixty-six of the Hawke’s Bay Earthquake Act, 1931 (hereinafter called “the said Act”), 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 regulation.

REGULATION.

WHEREAS the Hawke’s Bay Rivers Board (hereinafter called “the said Board”) has been duly empowered to borrow the sum of eleven thousand pounds (£11,000) by a loan to be known as the “Hawke’s Bay Rivers Board Earthquake Repair Loan, 1931” (hereinafter called “the said loan”), for the purpose of repairing damage to the works of the said Board caused by the earthquake in Hawke’s Bay on the 3rd day of February, 1931, and including engineers’ costs:

And whereas, prior to the borrowing of the said loan, the said Board expended out of its general funds for the purpose aforesaid moneys not exceeding five thousand pounds (£5,000):

Now, therefore, it shall be lawful for the said Board, notwithstanding the provisions of section 59 of the Local Bodies’ Loans Act, 1926, or any other provision to the contrary, to expend as part of its general funds and in any manner in which its general funds may be applied any sums borrowed as part of the said loan, not exceeding such sums as may at any time since the 3rd day of February, 1931, have been expended from its general funds in connection with the repair of earthquake damage to the works of the said Board, including engineers’ costs and including interest at any time paid or payable on any sums so expended that may have been lawfully borrowed by the said Board under the Local Bodies’ Finance Act, 1921–22:

Provided that the said Board shall not expend in manner hereinbefore authorized any parts of the said loan exceeding in the aggregate the sum of five thousand pounds (£5,000).

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

(T. 40/562/17.)