204
THE NEW ZEALAND GAZETTE.
[No. 9

by the licensee as aforesaid; and, in further pursuance and exercise of the said power and authority, and acting by and with the like advice and consent as aforesaid, doth hereby license and permit the licensee to use and occupy that part of the foreshore and land below low-water mark which is particularly shown and delineated on the plans so deposited as aforesaid, for the purpose of maintaining the aforesaid wharf and shed thereon, such license to be held and enjoyed by the licensee upon and subject to the terms and conditions set forth in the Schedule hereto.

———

SCHEDULE.

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 wharf and shed at the site shown on plans marked M.D. 2777 and M.D. 5168.

3. In consideration of the concessions and privileges granted by this Order in Council the licensee shall pay to the Minister the sum of £1, and thereafter an annual sum of £1 10s. in advance, payable on the first day of April in each year, the proportionate part of such rental in respect of the period from the 1st day of December, 1932, until the 31st March following to be paid on the licensee 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 free and 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 licensee shall maintain the above-mentioned wharf and shed in good order and repair and shall at all times exhibit from the wharf and maintain at the licensee’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 licensee in New Zealand a notice in writing of any defect or want of repair in such wharf or shed, requiring the licensee, within a reasonable time to be therein prescribed, to repair the same, the licensee shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorize the licensee 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.

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 places as may be approved of by the Minister, or by any person appointed by the Minister for that purpose.

10. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years from the 1st day of December, 1932, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority: and the licensee 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 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 licensee 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 licensee in New Zealand.

12. The licensee shall be liable for any injury which the said wharf or shed may cause any vessel or boat to sustain through any default or neglect on the licensee’s part.

13. In case the licensee 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 consecutive days;
    (3) Become bankrupt, or be in any manner brought under the operation of any law for the time being in force relating to bankruptcy; or
    (4) Fail to pay the sums specified in clause 3 of these conditions;

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 licensee or other proceedings whatsoever; and publication in the Gazette of an Order in Council containing such revocation shall be sufficient notice to the licensee 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.

14. 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 licensee shall, if required by the Minister so to do, remove the said wharf and shed 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 licensee fails so to do, the Minister may cause the said wharf and shed to be removed and the site so restored, and may recover the costs incurred by the said removal and restoration from the licensee.

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

———

Order in Council consenting to the raising of a Loan of £200 by the Gisborne Fire Board, by way of Bank Overdraft.

———

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 6th day of February, 1933.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS the Gisborne Fire Board (hereinafter called “the said local authority”) is desirous of raising by way of bank overdraft the sum of two hundred pounds (£200) for the purpose of repairing damage to the Fire Station caused by earthquake and strengthening the building against earthquake risk by bracing with steel bands:

And whereas the said local authority has complied with the provisions of the Local Government Loans Act, 1926 (hereinafter called “the said Act”), and it is expedient that the precedent consent of the Governor-General in Council under the said Act should be given to the raising of the said loan on the terms and conditions hereinafter set forth:

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 said Act, 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 said loan by way of bank overdraft up to the amount of two hundred pounds (£200) for a term not exceeding the period ending the thirty-first day of March, one thousand nine hundred and thirty-four, at such rate or rates of interest as shall not produce to the lenders a rate exceeding current bank overdraft rates to best customers, subject to the condition that the said loan shall be repaid from revenue during the financial year 1933-34.

(T. 49/560.)

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

———

Order in Council consenting to the raising by the Auckland Harbour Board of a Loan of £181,000 on the Instalment Repayment System, and prescribing the Term and Rate of Interest in respect thereof.

———

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 6th day of February, 1933.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS the Auckland Harbour Board (hereinafter called “the said local authority”) has been authorized to borrow, in respect of a loan to be known as Redemption