2166
THE NEW ZEALAND GAZETTE.
[No. 57

by and with the advice and consent of the Executive Council,
doth hereby extend the time for holding the general election
of members of the Board of the Poverty Bay River District ;
and doth hereby order and declare that in the aforesaid
river district the said general election shall be held and take
place on Monday, the second day of September, one thousand
nine hundred and thirty-five.

A. W. MULLIGAN,
Acting Clerk of the Executive Council.
(I.A. 1933/131/31.)

Licensing John Edgar, of Queenstown, to use and occupy a Part
of the Foreshore and Land below Low-water Mark at Queenstown, Lake Wakatipu, as a Site for a Jetty.

GALWAY, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 5th day of
August, 1935.

Present :

HIS EXCELLENCY THE GOVERNOR-GENERAL 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 John Edgar, of Queenstown (hereinafter called
“the licensee,” which term shall include his executors,
administrators, 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 Queenstown,
Lake Wakatipu, shown on plan marked M.D. 7353 (two
sheets), and deposited in the office of the Marine Department
at Wellington, for the purpose of the use of the jetty as shown
on the said plan for a term of fourteen years computed from
the first day of August, one thousand nine hundred and thirty-
five, 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 fore-
   shore and land below low-water mark adjacent thereto
   necessary for the maintenance of the said jetty at the site
   shown on plan marked M.D. 7353.

3. In consideration of the concessions and privileges
   granted by this Order in Council the licensee shall pay to the
   Minister the sum of £2 10s., and thereafter an annual sum
   of £2 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 August, 1935, until the 31st day of 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
   jetty 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 without payment.

6. The licensee shall maintain the above-mentioned jetty in
   good order and repair, and shall at all times exhibit from the
   jetty 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 jetty 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 jetty
   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
   jetty 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 August, 1935, unless in the mean-
    time 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 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 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 jetty 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 jetty for a period of
    thirty consecutive days ;
    (3) Become bankrupt, or be 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 de-
    termined 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 jetty 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 jetty to be removed and the site so restored and
    may recover from the licensee the costs incurred by the said
    removal and restoration.

15. The erection of the said jetty shall be sufficient evidence
    of the acceptance by the licensee of the terms and conditions
    of this Order in Council.

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

Member of Prisons Board appointed.

GALWAY, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 5th day of
August, 1935.

Present :

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by section nine of the Crimes Amendment
Act, 1910, it is enacted that there shall be constituted
a Board, to be called “ the Prisons Board,” consisting of not
less than three nor more than seven persons : And whereas
by the said section it is provided that the members of the
Board shall be appointed from time to time by the Governor-
General in Council :
Now, therefore, His Excellency the Governor-General of
the Dominion of New Zealand, in pursuance and exercise of
the power and authority conferred upon him by the Crimes
Amendment Act, 1910, and of every other power and autho-
rity enabling him in that behalf, and acting by and with the
advice and consent of the Executive Council of the said
Dominion, doth hereby appoint

William Glendinning Riddell, Esquire,

to be a member of the Prisons Board constituted under the
Crimes Amendment Act, 1910, as aforesaid.

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