1860
THE NEW ZEALAND GAZETTE.
[No. 49

hundred and thirty-five, at half past seven o’clock p.m., as
the time when, and the Poukiore Hall as the place where,
the first meeting of the Board shall be held.

SCHEDULE.

WELLINGTON LAND DISTRICT.—POUKIORE DOMAIN.
SECTION 35, Block XV, Tiriraukawa Survey District: Area,
17 acres 3 roods 8 perches.

A. W. MULLIGAN,
Acting Clerk of the Executive Council.
(L. and S. 1/352.)

Making Additional Regulations under Part I of the Fisheries
Act, 1908.

GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 3rd day of
July, 1935.

Present:

THE HON. SIR ALFRED RANSOM PRESIDING IN COUNCIL.

IN pursuance of the powers and authorities conferred by
the fifth section of the Fisheries Act, 1908, and of all
other powers and authorities in that behalf enabling, 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 additional regulations, and doth hereby order
and declare that they shall come into force on the date of
publication thereof in the Gazette.

REGULATIONS.

(1) No person shall use any net for taking indigenous fish
in any part of the Kakanui River or inside its mouth: Pro-
vided that this regulation shall not apply to persons using a
landing-net in fishing with rod and line or using a whitebait-
net or using a set-net for taking mullet.

(2) No person shall use a set-net for taking mullet in the
Kakanui River above a line drawn in an easterly direction
across the river from the left bank of the backwater which
enters the main channel on its right bank at the junction of
the backwater aforesaid approximately 135 yards below the
Kakanui Bridge, and marked by posts painted white fixed on
either bank.

A. W. MULLIGAN,
Acting Clerk of the Executive Council.

Licensing the Benara Timber Company, Limited, to use and
occupy a Part of the Foreshore and Land below Low-water
Mark at Westhaven Inlet as a Site for a Wharf and Tramline,
and prescribing Dues for the use of the said Wharf.

GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 3rd day of
July, 1935.

Present:

THE HON. SIR ALFRED RANSOM PRESIDING IN COUNCIL.

PURSUANT to the Harbours Act, 1923, His Excellency
the Governor-General, acting by and with the advice and
consent of the Executive Council, doth hereby license and
permit the Benara Timber Company, Limited, of Nelson
(hereinafter called “the company,” which term shall include
its successors and assigns unless the context requires a different
construction), to use and occupy all that part of the foreshore
and land below low-water mark at Westhaven Inlet, shown
on plan marked M.D. 7356, and deposited in the office of the
Marine Department at Wellington, for the purpose of the use
of the wharf and tramline shown on the said plan for a term
of fourteen years computed from the first day of July,
one thousand nine hundred and thirty-five, such license to
be held and enjoyed by the company upon and subject to
the terms and conditions set forth in the First Schedule
hereto, and doth hereby prescribe that the dues and rates
set forth in the Second Schedule hereto shall be charged
and taken by the company for the use of the said wharf.

FIRST 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 tramline
   at the site shown on plan marked M.D. 7356.

3. In consideration of the concessions and privileges
   granted by this Order in Council the company shall pay to the
   Minister the sum of £2 10s., and thereafter an annual sum of
   £5, in advance, payable on the 1st day of April in each year,
   the proportionate part of such rental in respect of the period
   from the 1st day of July, 1935, until the 31st March following
   to be paid on the company 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 tramline 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 tramline without
   payment.

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

8. Nothing herein contained shall authorize the company
   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 July, 1935, unless in the meantime
    such rights, powers, and privileges shall be altered, modified,
    or revoked by competent authority; and the company 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 company 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 registered office of the company
    in New Zealand.

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

13. In case the company 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 tramline
    for a period of thirty consecutive days;
    (3) Be in any manner wound up or dissolved; 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 company or other proceedings whatsoever;
    and publication in the Gazette of an Order in Council containing
    such revocation shall be sufficient notice to the company 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.