1950
THE NEW ZEALAND GAZETTE.
[No. 70

Council without any notice to the company or other proceedings whatsoever; and publication in the Gazette of any Order in Council containing such revocation shall be sufficient notice to the company 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or interested that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.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 company 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 revocation or expiry, as the case may be; and, if the company fails so to do, the Minister may cause the said wharf to be removed and the site so restored, and may recover from the company the cost incurred by the said removal and restoration.

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

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

Licensing William Wilson to use and occupy a Part of the Foreshore at Half-moon Bay, Stewart Island, as a Site for a Boat-slip.

GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 22nd 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 William Wilson, of Stewart Island (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 at Half-moon Bay, Stewart Island, shown on plan marked M.D. 5502, approved on the second day of October, one thousand nine hundred and twenty-two, and deposited in the office of the Marine Department at Wellington, for the purpose of the use of the boat-slip as shown on the said plan for a term of fourteen years computed from the second day of October, one thousand nine hundred and twenty-two, 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 foreshore and land below low-water mark adjacent thereto necessary for the maintenance of the said boat-slip at the site shown on the plan marked M.D. 5502.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensee shall pay to the Minister the sum of £1, 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 2nd 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. All persons shall at all reasonable times and upon payment of the proper dues have free and full liberty to use the said boat-slip and all rights of ingress and egress thereto and therefrom.

5. 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 boat-slip without payment.

6. The licensee shall maintain the above-mentioned boat-slip in good order and repair.

7. Any person authorized by the Minister may, at all reasonable times, enter upon the said boat-slip 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 boat-slip, requiring the licensee within a reasonable time, to be therein prescribed, to repair the same, the licensee shall with all reasonable 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 rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years from the 2nd 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 written consent of the Minister first obtained.

10. 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 boat-slip 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.

11. The licensee shall be liable for any injury which the said boat-slip may cause any vessel or boat to sustain through any default or neglect on the licensee’s part.

12. 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 boat-slip for a period of thirty consecutive days;

(3) Fail to pay the sums specified in clause 3 of these conditions;

(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 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.

13. 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 boat-slip 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 boat-slip to be removed and the site so restored, and may recover from the licensee the costs incurred by the said removal and restoration.

14. The occupation of the said boat-slip shall be sufficient evidence of the acceptance by the licensee of the terms and conditions of this Order in Council.

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

Order in Council varying the Determinations in respect of the Havelock North Town Board’s Loan of £3,500.

GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 22nd day of October, 1936.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by Order in Council made on the second day of September, 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 Havelock North Town Board (hereinafter called “the said local authority”) of the sum of three thousand five hundred pounds (£3,500) by a loan to be known as “Roading Loan, 1936” (hereinafter called “the said loan”):