SEPT. 17.] 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 wharf shall have all such ballast taken away and deposited above high-water mark 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 25th day of August, 1936, unless in the meantime 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 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 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 wharf 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 herein- before 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 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 determined 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or interested that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.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 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 licensee fails so to do, the Minister may cause the said wharf to be removed and the site so restored, and may recover from the licensee the costs incurred by the said removal and restoration.
C. A. JEFFERY,
Clerk of the Executive Council.
Order in Council authorizing the Borrowing by the Makerua Drainage Board by way of Hypothecation of Debentures issued in respect of a Sum of £5,000.
GALWAY, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 9th day of September, 1936.
Present:
His Excellency THE GOVERNOR-GENERAL IN COUNCIL.
WHEREAS by Order in Council made on the twentieth day of May, one thousand nine hundred and thirty- six, and subject to the determinations as to the borrowing and repayment therein set out, consent was given to the raising in New Zealand by the Makerua Drainage Board (hereinafter called "the said local authority"), of the sum of five thousand pounds (£5,000) by a loan to be known as "Flood-damage Loan, 1936" (hereinafter called "the said loan"):
And whereas the said local authority, pending the raising of the said loan in accordance with the said determinations, is desirous of borrowing the said loan or part thereof by hypothecation or mortgage, pursuant to section thirty-four of the Local Bodies' Loans Act, 1926, of the debentures authorized to be issued in respect of the said loan:
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 seven of the Local Authorities Interest Reduction and Loans Conversion Act, 1932-33, and of all other powers and authorities enabling him in this behalf, doth hereby consent to the said local authority, pending the raising of the said loan in accordance with the said determinations (by which, inter alia, the rate of interest to be inserted in the said debentures is limited to three pounds ten shillings (£3 10s.) per centum), borrowing the said sum of five thousand pounds (£5,000) or any part thereof by the hypothecation or mortgage of the said debentures at a rate of interest not exceeding four pounds ten shillings (£4 10s.) per centum per annum, and in pursuance and exercise of the powers and authorities conferred 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), hereby prescribes that the said local authority shall, before the said loan or any portion thereof is borrowed by way of hypothecation pursuant to the authority of this Order in Council, establish a sinking fund and make payments thereto in accordance with the terms of clause three of the aforesaid Order in Council of the twentieth day of May, one thousand nine hundred and thirty-six, and in all respects as if such borrowing of the said sum of five thousand pounds (£5,000) by way of hypothecation were the raising of a loan within the meaning of that clause.
C. A. JEFFERY,
Clerk of the Executive Council.
(T. 49/232/13.)
Order in Council consenting to the Raising of Portion (£750) of the Christchurch Drainage Board's Loan of £53,000, and prescribing the Conditions thereof.
GALWAY, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 9th day of September, 1936.
Present:
His Excellency THE GOVERNOR-GENERAL IN COUNCIL.
WHEREAS by Order in Council made on the seventeenth day of September, one thousand nine hundred and twenty-eight, consent was given to the raising by the Christchurch Drainage Board (hereinafter called "the said local authority") of the sum of fifty-three thousand pounds (£53,000) by a loan to be known as "St. Martin's and Radley's Drainage and Sewerage Loan, 1928" (hereinafter called "the said loan"), of which the amount of thirteen thousand six hundred pounds (£13,600) has not been borrowed :
And whereas by section nine of the Local Authorities Interest Reduction and Loans Conversion Amendment Act, 1934, the consent given by the said Order in Council was revoked in so far as the authority conferred thereby had not been exercised, and it is not now lawful or competent for the said local authority to borrow any moneys to which such consent relates except in accordance with the provisions of an Order in Council under section eleven of the Local Government Loans Board Act, 1926:
And whereas it is expedient to authorize the said local authority to borrow on the conditions hereinafter mentioned the sum of seven hundred and fifty pounds (£750) (hereinafter called "the said sum"), being portion of the moneys to which the said Order in Council relates :
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, 1926, and by section nine of the Local Authorities Interest Reduction and Loans Conversion Amendment Act, 1934, and of all other powers and authorities enabling him in this behalf, doth hereby consent to the borrowing in New Zealand by the said local authority of the said sum or any part thereof for the purpose for which the said loan was authorized, and in giving such consent doth hereby determine as follows:--
(1) The term for which the said sum or any part thereof may be borrowed shall not exceed ten (10) years.
(2) The rate of interest that may be paid in respect of the said sum 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.