Oct. 7.] THE NEW ZEALAND GAZETTE. 2271

4. All persons shall at all reasonable times and upon payment of the proper dues have free and full liberty to use the said wharf 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 wharf without payment.

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

7. Any person authorized by the Minister may at all reasonable times, enter upon the said wharf 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 wharf 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 master of all vessels discharging ballast at the said wharf 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 or under this Order in Council shall continue in force for fourteen years from the 1st day of September, 1937, 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.

11. 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 wharf 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.

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 hereinbefore set forth, or any of them;
    (2) Cease to use or occupy the said wharf 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.

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 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.

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

B

SECOND SCHEDULE.

Berthage.

For each day of part of a day that a vessel occupies a berth at the wharf, or alongside another vessel lying at the wharf, or lies off the said wharf with a line attached thereto, per ton of registered tonnage: 2d.

Wharfage.

For every passenger landed on or shipped from the said wharf s. d.
1 0
For goods, &c., landed on or shipped from the said wharf (to be charged by weight or measurement at the option of the licensee)—
General cargo, incoming or outgoing (with the exceptions hereinafter mentioned), per ton or part of a ton 2 6
Cattle or horses, each 2 6
Cattle, each, under one year old 1 0
Sheep 0 6
Provided that if any cargo is loaded or discharged after the usual working-hours or on wharf holidays, and, in the opinion of the licensee, it is necessary to employ labour to stack or remove cargo in sheds consequent of the loading or discharging of such cargo, the master of such ship discharging or loading goods or cargo as aforesaid shall pay per ton on all goods or cargo discharged or loaded 1 0

Storage.

Every person whose goods shall be stored in the shed or upon the wharf shall pay in respect of such goods and the storage thereof the following charges, that is to say:—
For every package or parcel—
Not exceeding 30 lb. in weight, per day or part of a day s. d.
0 1
Exceeding 30 lb. but not exceeding 100 lb. per day or part of a day 0 2
Exceeding 100 lb. but not exceeding 5 cwt. per day or part of a day 0 3
Exceeding 5 cwt. per day or part of a day 0 6
Storage to be charged on the expiration of twelve hours after goods have been landed on the wharf.

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

Authorizing the Laying-off of a Street in the Borough of Bluff of a Width less than 66 ft., but not less than 40 ft., subject to a Condition as to the Building-line.

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 vested in him by the Municipal Corporations Act, 1933, and the Public Works Act, 1928, and of all other powers in anywise enabling him in this behalf, 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 authorize the Bluff Borough Council to permit the laying-off of the proposed street described in the Schedule hereto of a width less than sixty-six feet, but not less than forty feet, subject to the condition that no building or part of a building shall at any time be erected on the land fronting the portion of street shown coloured red on the plan referred to in the said Schedule within a distance of thirty-five feet from the centre-line of the said street.

SCHEDULE.

THAT proposed street, in the Southland Land District, Borough of Bluff, containing by admeasurement 3 roods 38·1 perches, more or less, being parts Section 15, Block I, Campbelltown Hundred (part being Lot 10, D.P. 1593). As the same is more particularly delineated on the plan marked P.W.D. 97146, deposited in the office of the Minister of Public Works at Wellington, and thereon coloured blue and red.

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

(P.W. 51/2193.)