Mar. 1.] THE NEW ZEALAND GAZETTE. 469

Hawke’s Bay Earthquake Regulations.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 21st day of February, 1934.

Present:

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

IN pursuance and exercise of the powers conferred on him by section sixty-six of the Hawke’s Bay Earthquake Act, 1931 (hereinafter referred to as “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 regulations for the purposes of the said Act.

REGULATIONS.

LAND AGENTS’ AND AUCTIONEERS’ LICENSES.

THE regulations made under the said Act on the 17th day of August, 1931, and published in the Gazette on the 20th day of the same month, at page 2314, as amended by the regulations made under the said Act on the 10th day of February, 1932, 5th day of July, 1932, and 24th day of April, 1933, and published respectively in the Gazette on the 18th day of February, 1932, at page 320, the 14th day of July, 1932, at page 1648, and the 4th day of May, 1933, at page 1221, with respect to land agents’ and auctioneers’ licenses, shall, in so far as they apply to licenses in the Magistrates’ Court at Wairoa, remain in force until the 31st day of March, one thousand nine hundred and thirty-five.

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

(T. 40/562/18.)

Licensing McCallum Bros. to use and occupy a Part of the Foreshore and Land below Low-water Mark of Karamuramu Island, Hauraki Gulf, as a Site for a Jetty and Hopper.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 21st day of February, 1934.

Present:

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

WHEREAS by Order in Council dated the fifth day of February, one thousand nine hundred and twenty, and published in the Gazette of the twelfth day of the same month, at page 493, Catherine McCallum, of Auckland, was licensed under the Harbours Act, 1908, to occupy for a period of fourteen years a part of the foreshore and land below low-water mark of Karamuramu Island, Hauraki Gulf, in order to erect and maintain thereon a jetty and hopper as shown on plan marked M.D. 5112 and deposited in the office of the Marine Department at Wellington :

And whereas the said Order in Council was with the consent of the Minister of Marine transferred to William Fraser McCallum, Alexander Fraser McCallum, and Daniel Fraser McCallum, all of Auckland, trading under the style or title of “McCallum Bros.” (hereinafter called “the licensees,” in which term is to be construed, unless the context requires a different construction, their executors, administrators, and assigns) :

And whereas the hereinbefore-mentioned Order in Council has expired and the licensees have made application under the Harbours Act, 1923 (hereinafter called “the said Act”), for a license for a further term of fourteen years, computed from the fifth day of February, one thousand nine hundred and thirty-four, and it is expedient to grant the same for the term and subject to the 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 licensees 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 licensees to use and occupy that part of the foreshore and land below low-water mark which is particularly shown and delineated on the plan so deposited as aforesaid for the purpose of maintaining the said jetty and hopper thereon, such license to be held and enjoyed by the licensees upon and subject to the terms and conditions set forth in the Schedule hereto.

B

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 jetty and hopper at the site shown on plan marked M.D. 5112.

3. In consideration of the concessions and privileges granted by this Order in Council the licensees shall pay to the Minister the sum of £1 and thereafter an annual sum of 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 5th day of February, 1934, until the 31st March following to be paid on the licensees 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 jetty and hopper 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 jetty and hopper without payment.

6. The licensees shall maintain the above-mentioned jetty and hopper in good order and repair and shall at all times exhibit from the jetty and hopper, and maintain at the licensees’ 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 jetty and hopper and view the state of repair thereof, and upon such Minister leaving at or posting to the last known address of the licensees in New Zealand a notice in writing of any defect or want of repair in such jetty and hopper requiring the licensees within a reasonable time, to be therein prescribed, to repair the same, the licensees shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorize the licensees 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 jetty and hopper 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 rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years from the 5th day of February, 1934, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority ; and the licensees 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 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 licensees 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 licensees in New Zealand.

12. The licensees shall be liable for any injury which the said jetty and hopper may cause any vessel or boat to sustain through any default or neglect on the licensees’ part.

13. In case the licensees 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 jetty and hopper 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