1582
THE NEW ZEALAND GAZETTE.
No. 54

Licensing A. S. Turner and Sons to use and occupy a Part
of the Foreshore and Land below Low-water Mark at
St. Lawrence, Admiralty Bay, as a Site for a Workshop and
Shipyard.

GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 5th day of
August, 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 Arthur Sylvester Turner, Abbie Beaks King
Turner, and Fidelis Edward King Turner, trading under
the style or title of “A. S. Turner and Sons,” (hereinafter
called “the Licensees,” which term shall include their
executors, administrators, and assigns unless the context
requires a different construction), to use and occupy all those
parts of the foreshore and land below low-water mark shown
on plan marked M.D. 7453, and deposited in the office of the
Marine Department at Wellington, for the purpose of the
use of the workshop and shipyard as shown on the said plan
for a term of fourteen years computed from the first day of
July, one thousand nine hundred and thirty-six, 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 necessary for the
   erecting of the said workshop and shipyard as shown on the
   plan marked M.D. 7453 and 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 licensees shall pay to the Minister
   the sum of £2 10s., and thereafter an annual sum of £1 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, 1936, until the 31st day of March
   following to be paid on the licensees being supplied with a
   copy of this Order in Council.

4. His Majesty or the Governor-General, and all persons
   in the Government service acting in the execution of their
   duties, shall at all times have free ingress, passage, and egress
   into, through, over, and out of the said workshop and ship-
   yard without payment.

5. The licensees shall maintain the above-mentioned
   workshop and shipyard in good order and repair.

6. Any person authorized by the Minister may at all reason-
   able times enter upon the said workshop and shipyard 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 workshop and shipyard, requiring the licensees
   within a reasonable time, to be therein prescribed, to repair the
   same, the licensees shall with all reasonable speed cause such
   defect to be removed or such repairs to be made.

7. 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 there-
   under 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 in force for fourteen
   years from the 1st day of July, 1936, 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 written consent of the Minister first
   obtained.

9. The said rights, powers, and privileges may be at any
   time resumed by the Governor-General, and the licensees
   may be required to remove the workshop and shipyard at
   the licensees’ own cost, 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.

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

11. 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 workshop and shipyard
    for a period of thirty consecutive days ;
    (3) Fail to pay the sums specified in clause 3 of these
    conditions ; or
    (4) Become bankrupt, or be brought under the operation
    of any law for the time being in force relating to
    bankruptcy ;
    then and in any of the said cases this Order in Council, and
    every license, right, power, or privilege thereby conferred, may
    be revoked and determined by the Governor-General in Council
    without any notice to the licensees or other proceedings what-
    ever ; and publication 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.

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 licensees shall, if required
    by the Minister so to do, remove the said workshop and ship-
    yard 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 licensees fail so to
    do, the Minister may cause the said workshop and shipyard
    to be removed and the site restored, and may recover the
    costs incurred by the said removal and restoration from the
    licensees.

13. The occupation of the said workshop and shipyard
    shall be sufficient evidence of the acceptance by the licensees
    of the terms and conditions of this Order in Council.

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

Order in Council consenting to the Raising of a Loan of £1,500
by the Waitotara County Council and prescribing the Con-
ditions thereof.

GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 5th day of
August, 1936.

Present:

His Excellency the Governor-General in Council.

Whereas the Waitotara County Council (hereinafter
called “the said local authority”) proposes, pursuant
to the provisions of section three of the Main Highways
Amendment Act, 1928, to borrow the sum of one thousand
five hundred pounds (£1,500) by a loan to be known as “Main
Highways Loan, 1936” (hereinafter called “the said loan”),
for the purpose of constructing three bridges over the Mako-
kako, Mangauniapo, and Mangaone Streams on the Waito-
tara Valley Highway ;

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
conferred on him by section eleven of the Local Government
Loans Board Act, 1932 (No. 2), and of all other powers and
authorities enabling him in this behalf, doth hereby consent
to the raising by the said local authority of the said loan for
the said purpose up to the amount of one thousand five
hundred pounds (£1,500), and in giving such consent doth
hereby determine as follows :—
(1) The term for which the said loan or any part thereof
may be raised shall be ten (10) years.
(2) The rate of interest that may be paid in respect of
the said loan or any part thereof shall be such as shall not
produce to the lender or lenders a rate exceeding three pounds
ten shillings (£3 10s.) per centum per annum.
(3) The said loan together with interest thereon shall be
repaid by equal aggregate annual instalments extending over
the term as determined in (1) above.
(4) No moneys shall be borrowed under this consent after
the expiration of two years from the date hereof.

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

(T: 49/367.)