Oct. 7.] THE NEW ZEALAND GAZETTE. 2269

Union of Green Island and Miller Park Domains.

GALWAY, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 29th day of September, 1937.

Present:

THE RIGHT HON. M. J. SAVAGE PRESIDING IN COUNCIL.

IN pursuance and exercise of the powers and authorities conferred by section forty of the Public Reserves, Domains, and National Parks Act, 1928, 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, doth hereby declare that from and after the first day of October, one thousand nine hundred and thirty-seven, the public domains described in the Schedules hereto shall be united to form one public domain, to be known as the Green Island Domain.

FIRST SCHEDULE.

GREEN ISLAND DOMAIN.—OTAGO LAND DISTRICT.

SECTION 1, Block XIV, Dunedin and East Taieri Survey District: Area, 372 acres 2 roods 12 perches, more or less. As the same is more particularly delineated on the plan marked L. and S. 1/61A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

SECOND SCHEDULE.

MILLER PARK DOMAIN.—OTAGO LAND DISTRICT.

ALL that area containing by admeasurement 7 acres 0 roods 2·7 perches, more or less, being part of Section 63, Block VI, Dunedin and East Taieri Survey District, and parts of Sections 72 and 73, Block V, Lower Kaikorai Survey District: Bounded towards the north by Deposit Plans 4069 and 1129 and part Duke Street, 486·3 links; towards the east by Earl Street, 1427·5 links; towards the south by Neill Street, 354·3 and 149·6 links; and towards the west generally by Armstrong Street (not public), 1003, 145·7, and 325·9 links; be all the aforesaid linkages more or less. As the same is more particularly delineated on the plan marked L. and S. 1/61B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon bordered red.

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

(L. and S. 1/61.)

Licensing the Kawhia County Council to use and occupy a Part of the Foreshore and Land below Low-water Mark at Oparau, on the Oparau River, as a Site for a Landing-stage and Goods-sheds.

GALWAY, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 29th day of September, 1937.

Present:

THE RIGHT HON. M. J. SAVAGE PRESIDING 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 the Kawhia County Council (hereinafter called “the Council,” 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 and land below low-water mark at Oparau, on the Oparau River, shown on plans marked M.D. 3384 and 3408, approved on the twentieth day of September, one thousand nine hundred and nine, and deposited in the office of the Marine Department at Wellington, for the purpose of the use of the landing-stage and goods-shed hereinafter called the “said structures” as shown on the said plans for a term of fourteen years computed from the twentieth day of September, one thousand nine hundred and thirty-seven, such license to be held and enjoyed by the Council 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 this Order in Council shall extend and apply only to that part of the foreshore and land below low-water mark necessary for the maintenance of the said structures as shown on plans M.D. 3384 and 3408.

3. In consideration of the concessions and privileges granted by this Order in Council, the Council shall on demand pay to the Minister an annual sum of 1s.

4. All persons shall at all reasonable times, and upon payment of the proper dues, have free and full liberty to use the said structures and all rights of ingress and egress thereto and therefrom.

5. 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 structures without payment.

6. The Council shall maintain the above-mentioned structures in good order and repair, and shall at all times exhibit therefrom, and maintain at the Council’s own cost, suitable and necessary lights: Provided that no light shall be exhibited until after it has been approved of by the Minister.

7. Any person authorized by the Minister may at all reasonable times enter upon the said structures and view the state of repair thereof; and upon such Minister leaving at or posting to the last-known address of the Council in New Zealand a notice in writing of any defect or want of repair in such structures, requiring the Council within a reasonable time, to be therein prescribed, to repair the same, the Council shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorize the Council 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 Master of each vessel discharging ballast at the said structures shall have all such ballast taken away and deposited above high-water mark, or at such place as may be approved by the Minister or by any person appointed by the Minister for that purpose.

10. The rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years from the 20th day of September, 1937, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the Council 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 may be at any time resumed by the Governor-General, and the Council may be required to remove the said structures at the Council’s own cost, without payment of any compensation whatever, on giving to the Council 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 Council in New Zealand.

12. The Council shall be liable for any injury which the said structures may cause any vessel or boat to sustain through any default or neglect on the Council’s part.

13. In case the Council 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 structures for a period of thirty consecutive days—

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 Council or other proceedings whatsoever; and publication in the Gazette of an Order in Council containing such revocation shall be sufficient notice to the Council and to all persons concerned or interested that this Order in Council, and the rights and privileges thereby 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 Council shall, if required by the Minister so to do, remove the said structures 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 Council fails so to do, the Minister may cause the said structures to be removed and the site so restored, and may recover from the Council the costs incurred by the said removal and restoration.

15. The occupation of the said structures shall be deemed to be an acceptance by the Council of the conditions of this Order in Council.

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