Feb. 2.] THE NEW ZEALAND GAZETTE. 165

to use and occupy that part of the foreshore as shown on plan M.D. 5007, so deposited as aforesaid, for the purpose of maintaining the said wharf, such license to be held and enjoyed by the Council upon and subject to the terms and conditions set forth in the Schedule hereto, and doth hereby prescribe that the dues and rates prescribed by Order in Council of the twenty-first day of May, one thousand nine hundred and twenty-three, shall be charged and taken by the Council for the use of the said wharf.

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 adjacent thereto necessary for the erection of the said wharf as shown on the plan marked M.D. 5007, and deposited as aforesaid.

3. In consideration of the concessions and privileges granted by this Order in Council, the Council shall pay to the Minister an annual rental of 1s., payable on demand.

4. All persons shall, at all reasonable times, upon payment of the proper dues, have free and full liberty to use the said wharf, 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, over, and out of the said wharf without payment.

6. The Council shall maintain the above-mentioned wharf in good order and repair; and shall at all times exhibit from the wharf and maintain at its own cost suitable and necessary lights for the guidance of vessels; provided that no light shall be exhibited until after it has been approved by the Minister.

7. Any person authorized by the Minister may at all reasonable times enter upon the said wharf 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 wharf, 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. 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 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.

9. The master of all vessels discharging ballast at the said wharf 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.

10. The Council shall not erect, or suffer to be erected, on the said wharf, any buildings or structure whatever, except with the consent of the Minister first obtained.

11. The Council shall keep a separate account of the receipts and expenditure on account of such wharf and premises, and shall cause such account to be balanced to the thirty-first 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.

12. The Council shall appoint all officers necessary for the working and management of the said wharf.

13. The rights, powers, and privileges hereby conferred shall continue in force for fourteen years, computed from the 21st day of January, 1933, 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 the said wharf may cause any vessel or boat to sustain through any default or neglect on the part of the Council.

B

16. In case the Council 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 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 any 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 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 Council 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 Council.

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

Order in Council declaring Certain Public Bodies to be Local Authorities for the Purposes of the Local Government Loans Board Act, 1926.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 15th day of December, 1932.

Present:

THE RIGHT HON. G. W. FORBES PRESIDING IN COUNCIL.

In pursuance and exercise of the powers conferred upon him by section two of the Local Government Loans Board Act, 1926 (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 declare that every Domain Board appointed under the Public Reserves, Domains, and National Parks Act, 1928, and having by any Act heretofore or hereafter passed power to borrow moneys, shall be a local authority for the purposes of the said Act, in addition to the local authorities referred to in the said section two.

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

(T. 40/416.)

Recreation Reserve in Otago Land District brought under Part II of the Public Reserves, Domains, and National Parks Act, 1928.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 30th day of January, 1933.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

By virtue of the powers and authorities vested in me by the thirty-fourth section of the Public Reserves, Domains, and National Parks Act, 1928, I, Charles, Baron Bledisloe, Governor-General of the Dominion of New Zealand, by and with the advice and consent of the Executive Council of the said Dominion, do hereby order and declare that the reserve for recreation in the Otago Land District, described in the Schedule hereto, shall be and the same is hereby brought under the operation of and declared to be subject to the provisions of Part II of the said Act; and such reserve shall hereafter form part of the Taieri Mouth Domain, and be managed, administered, and dealt with as a public domain by the Taieri Mouth Domain Board.

SCHEDULE.

OTAGO LAND DISTRICT.

SECTION 13, Block IV, Town of Hull: Area, 1 acre.

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

(L. and S. 1/797.)