JULY 5.] THE NEW ZEALAND GAZETTE. 2093

assigns) have made application under the Harbours Act, 1923
(hereinafter called “ the said Act ”), for a license for a term of
fourteen years, computed from the first day of June, one thou-
sand 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 purposes 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 wharf
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.

———

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 at the site
   shown on plan marked M.D. 2963.

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 1st day of
   June, 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
   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, and out of the said wharf without payment.

6. The licensees shall maintain the above-mentioned wharf
   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 reason-
   able times, enter upon the said wharf 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
   wharf 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 incon-
   sistent 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 each vessel 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 rights, powers, and privileges conferred by or
    under this Order in Council shall continue in force for fourteen
    years from the 1st day of June, 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 wharf 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 wharf 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 deter-
    mined by the Governor-General in Council without any notice
    to the licensees or other proceedings whatsoever ; and publica-
    tion in the Gazette of an Order in Council containing such
    revocation shall be sufficient notice to the licensees 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 licensees shall, if required
    by the Minister so to do, remove the said wharf 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 licensees fail so to do, the
    Minister may cause the said wharf to be removed and the
    site so restored and may recover from the licensees the costs
    incurred by the said removal and restoration.

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

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Regulations prescribing Travelling-allowances of Stipendiary
Magistrates.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 2nd day of
July, 1934.

Present :

His Excellency the Governor-General in Council.

IN pursuance and exercise of the power and authority
conferred upon him by section ten of the Magistrates’
Courts Act, 1928, and of all other powers and authorities
enabling him, His Excellency the Governor-General of the Do-
minion of New Zealand, acting by and with the advice and
consent of the Executive Council of the said Dominion, doth
hereby revoke the regulations made on the thirteenth day of
September, one thousand nine hundred and twenty, and
published in the Gazette of the sixteenth day of September,
one thousand nine hundred and twenty, prescribing the
travelling-allowances of Stipendiary Magistrates, and doth
hereby make the following regulations in lieu thereof ; and
doth direct that such regulations shall come into force on and
from the ninth day of July, one thousand nine hundred and
thirty-four.

———

REGULATIONS.

TRAVELLING-ALLOWANCES.

1. Stipendiary Magistrates shall receive travelling-allowance
   for personal expenses at the rate of 18s. per diem for each day
   on which they are necessarily absent from their headquarters
   at night ; provided that while at sea the allowance shall be
   at the rate of 9s. for the first day and 5s. for each subsequent
   day.

2. The allowance shall be for each day of twenty-four hours.
   The day shall be deemed to commence at the hour of departure
   from headquarters.

3. For any portion of a day the rate shall be one twenty-
   fourth of the full daily rate for each hour’s absence.

4. In computing the time of absence, a fraction of an hour,
   if less than half an hour, shall not be taken into account,
   but half an hour or more shall be reckoned as one hour.

5. When a Magistrate leaves and returns to headquarters
   the same day actual and reasonable expenses only shall be
   paid.