1908
THE NEW ZEALAND GAZETTE.
[No. 69

Licensing Wilhelm Gerald Hinrich Theodor Freese to use and occupy a Part of the Foreshore at Rawene, Hokianga River, as a Site for an Office.

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GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 14th day of October, 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 Wilhelm Gerald Hinrich Theodor Freese (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 those parts of the foreshore and land below low-water mark shown as Site No. 7 on plan marked M.D. 7503, and deposited in the office of the Marine Department at Wellington, for the purpose of the use of the office as shown on the said plan for a term of fourteen years computed from the first day of October, 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.

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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 this Order in Council shall extend and apply only to that part of the foreshore and land below low-water mark necessary for the construction of the office as shown on Site No. 7 of the plan M.D. 7503.

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 £5 in advance, payable on the 1st day of April in each year, the proportionate part of such annual rental in respect of the period from the 1st day of October, 1936, until the 31st day of March following to be paid on the licensee being supplied with a copy of this Order in Council.

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, over, and out of the said office without payment.

5. The licensee shall maintain the above-mentioned office in good order and repair, and shall at all times exhibit therefrom, and maintain at the licensee’s own cost, any lights that may be required by the Minister; 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 office 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 office, 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.

7. 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.

8. The rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years from the 1st day of October, 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.

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

10. The licensee shall be liable for any injury which may be sustained by any vessel or boat in passing the office, or by contact therewith, and which may be occasioned by any default or neglect on the licensee’s part.

11. 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 office 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 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 New Zealand 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 rights and privileges thereby 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 licensee shall, if required by the Minister so to do, remove the said office 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 licensee fails so to do the Minister may cause the said office to be removed and the site so restored, and may recover from the licensee the costs incurred by the said removal and restoration.

13. The construction of the office shall be deemed to be an acceptance by the licensee of the conditions of this Order in Council.

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

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Order in Council consenting to the Raising of a Loan of £259,000 by the Wellington City Council and prescribing the Conditions thereof.

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GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 14th day of October, 1936.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS the Wellington City Council (hereinafter called “the said local authority”) being desirous of raising the sum of two hundred and fifty-nine thousand pounds (£259,000) to be known as “Wellington City Council Renewal Loan, 1937” (hereinafter called “the said loan”), for the purpose of repaying the Wellington City Consolidated Repayment Loan, £117,400, which matures on the twenty-eighth day of February, one thousand nine hundred and thirty-seven, and the Wellington City Electric Tramways Street-paving and Town Hall Loan 1902 Repayment Loan, 1932, £168,300, which matures on the first day of March, one thousand nine hundred and thirty-seven, has complied with the provisions of the Local Government Loans Board Act, 1926 (hereinafter called “the said Act”), and it is expedient that the precedent consent of the Governor-General in Council as required by the said Act should be given to the raising 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 eleven of the said Act, 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 consent to the raising in London by the said local authority of the said loan up to the amount of two hundred and fifty-nine thousand pounds sterling (£259,000), 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 twenty (20) years.

(2) No debenture issued under this authority shall be issued at a greater discount than one and one-half per centum of the nominal rate.