Orders in Council




JULY 30.] THE NEW ZEALAND GAZETTE. 1483

Licensing Pasco Bros. (Stewart Island), Ltd., to use and occupy
a Part of the Foreshore at Half-moon Bay, Stewart Island,
as a Site for a Fish-shed.

GALWAY, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 22nd day of
July, 1936.
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 Pasco Bros. (Stewart Island), Ltd., of Invercargill
(hereinafter called “the company,” which term shall include
its successors and assigns unless the context requires a
different construction), to use and occupy all those parts of
the foreshore shown on plan marked M.D. 4075, approved on
the first day of July, one thousand nine hundred and thirteen,
and deposited in the office of the Marine Department at
Wellington, for the purpose of the use of the fish-shed as
shown on the said plan for a term of fourteen years computed
from the first day of April, one thousand nine hundred and
thirty-six, 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 term—
    “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 or under this
    Order in Council shall extend and apply only to that part of
    the foreshore necessary for the maintenance of the said fish-
    shed, as shown on the plan marked M.D. 4075, so deposited in
    the office of the Marine Department as aforesaid.

  3. In consideration of the concessions and privileges granted
    by this Order in Council the company shall pay to the Minister
    the sum of £1, and thereafter an annual sum of 10s. in advance,
    payable on the 1st day of April in each year.

  4. 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 fish-shed without payment.

  5. The company shall maintain the above-mentioned
    fish-shed in good order and repair, and shall at all times exhibit
    therefrom 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.

  6. Any person authorized by the Minister may, at all
    reasonable times, enter upon the said fish-shed 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 fish-shed 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.

  7. 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 regulations
    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.

  8. The rights, powers, and privileges conferred by or under
    this Order in Council shall continue to be in force for fourteen
    years from the first day of April, one thousand nine hundred
    and thirty-six, unless in the meantime such rights, powers,
    and privileges shall be altered, modified, or revoked by com-
    petent authority; and the company shall not assign, charge,
    or part with any such right, power, or privilege without the
    written consent of the Minister first obtained.

  9. The said rights, powers, and privileges 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.

  10. The company shall be liable for any injury which the
    said fish-shed may cause any vessel or boat to sustain through
    any default or neglect on the company’s part.

  11. 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 fish-shed for the purpose
    aforesaid 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 license, right, power, and privilege thereby conferred
    may be revoked and determined by the Governor-General in
    Council without any notice to the company or other proceed-
    ing whatsoever ; and publication in the Gazette of an Order in
    Council containing such revocation shall be sufficient notice
    to the company and to all other persons concerned or interested
    that this Order in Council, and the license, rights, and privi-
    leges thereby granted and conferred, have been revoked and
    determined.

  12. 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 company shall, if required by
    the Minister so to do, remove the said fish-shed entirely from
    the site and restore the site to its original condition within
    three months from the date of revocation or expiry, as the
    case may be, and if the company fail so to do the Minister may
    cause the said fish-shed to be removed and the site so restored,
    and may recover the costs incurred by the said removal and
    restoration from the company.

C. A. JEFFERY,
Clerk of the Executive Council.

Order in Council varying the Determinations in respect of
Portion (£50,000) of the Auckland and Suburban Drainage
Board’s Loan of £104,000.

GALWAY, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 29th day of
July, 1936.
Present :
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.
WHEREAS by Order in Council made on the fourteenth
day of July, one thousand nine hundred and
thirty-six, and subject to the determinations as to borrowing
and repayment therein set out, consent was given to the
raising by the Auckland and Suburban Drainage Board
(hereinafter called “the said local authority”) of the sum of
one hundred and four thousand pounds (£104,000) by a loan
to be known as “Loan No. 11” (hereinafter called “the said
loan”) :
And whereas the said loan has not yet been raised, and it
is expedient to vary certain of the determinations in respect
of portion thereof amounting to fifty thousand pounds (£50,000)
(hereinafter called “the said sum”) :
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 con-
ferred on him by section eleven of the Local Government
Loans Board Act, 1926, as set out in section twenty-nine of
the Finance Act, 1932 (No. 2), and of all other powers and
authorities enabling him in this behalf, doth hereby vary
the determinations aforesaid in respect of the said sum by
prescribing that in lieu of making provision for the repayment
of the said sum at the expiration of a period of twenty-nine
(29) years, as set out in clause one of the aforesaid Order in
Council, the said local authority shall provide for the repay-
ment of the said sum by the annual redemption of debentures
from the sinking fund as set out in the table of repayments
hereunder :—

TABLE OF REPAYMENTS.

Year. Amount of Instalments. £ Year. Amount of Instalments. £
1937 .. .. 1,000 1947 .. .. 1,400
1938 .. .. 1,000 1948 .. .. 1,500
1939 .. .. 1,100 1949 .. .. 1,600
1940 .. .. 1,100 1950 .. .. 1,600
1941 .. .. 1,200 1951 .. .. 1,600
1942 .. .. 1,200 1952 .. .. 1,700
1943 .. .. 1,300 1953 .. .. 1,800
1944 .. .. 1,200 1954 .. .. 1,800
1945 .. .. 1,400 1955 .. .. 1,900
1946 .. .. 1,400 1956 .. .. 23,200

C. A. JEFFERY,
Clerk of the Executive Council.

(T. 49/393/3.)

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✨ LLM interpretation of page content

🗺️ License to Pasco Bros. (Stewart Island), Ltd. for Fish-shed Site

🗺️ Lands, Settlement & Survey
22 July 1936
License, Foreshore, Fish-shed, Stewart Island, Harbours Act 1923
  • C. A. Jeffery, Clerk of the Executive Council

💰 Variation of Determinations for Auckland and Suburban Drainage Board Loan

💰 Finance & Revenue
29 July 1936
Loan, Drainage Board, Auckland, Repayment, Local Government Loans Board Act 1926
  • C. A. Jeffery, Clerk of the Executive Council