2406

THE NEW ZEALAND GAZETTE.

[No. 72

The Harbours Act, 1923—Granting a Foreshore License to
Herbert Subritzky and Hayward Charles Subritzky, as
Trustees of the Estate of John Anton Subritzky (now
deceased), as a Site for a Wharf at Awanui, and prescribing
Dues for Use of Same.

GALWAY, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 20th day of
October, 1937.

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 Herbert Subritzky and Hayward Charles Subritzky
as Trustees of the Estate of John Anton Subritzky (hereinafter called “the licensees,” which term shall include their
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
of the Awanui River, as shown on plan marked M.D. 3407,
approved on the 12th October, 1909, and deposited in the
office of the Marine Department at Wellington, for the purpose
of the use of the wharf and shed as shown on the said plan,
such license to be held and enjoyed by the licensees upon and
subject to the terms and conditions set forth in the First
Schedule hereto, and doth prescribe that the dues and rates
set forth in the Second Schedule hereto shall be charged
and taken by the licensees for the use of the said wharf and
shed.

FIRST 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 wharf and shed
   at the site shown on the plan marked M.D. 3407.

3. In consideration of the concessions and privileges granted
   by this Order in Council, the licensees shall pay to the Minister
   the sum of £1, and thereafter an annual sum of £2 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
   12th day of October, 1937, until the 31st day of March
   following to be paid on the licensees 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 wharf and shed 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 and
   shed without payment.

6. The licensees shall maintain the above-mentioned wharf
   and shed 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 or shed and view
   the state and repair thereof; and upon such Minister leaving
   at or posting to the last-known address of the licensees in
   New Zealand a notice in writing of any defect or want of
   repair in such wharf and shed requiring the licensee within a
   reasonable time, to be therein prescribed, to repair the same,
   the licensees shall with all reasonable speed cause such defect
   to be removed or such repairs to be made.

8. Nothing herein contained shall authorize the licensees
   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 and shed 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 12th day of October, 1937, unless in the
    meantime such rights, powers, and privileges shall be altered,
    modified, or revoked by competent authority; and the
    licensees 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 licensees
    may be required to remove the wharf and shed at the
    licensees’ own cost, without payment of any compensation
    whatever, on giving to the licensees 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 licensees in New Zealand.

12. The licensees shall be liable for any injury which the
    said wharf and shed may cause any vessel or boat to sustain
    through any default or neglect on the licensees’ part.

13. In case the licensees 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 and shed 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 in any manner brought under
the operation of any Act 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 licensees or other
proceedings whatsoever; and publication in the Gazette of
an Order in Council containing such revocation shall be
sufficient notice to the licensees 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 licensees shall, if required
    by the Minister to do so, remove the said shed and 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 licensees fail so
    to do, the Minister may cause the said wharf and shed to be
    removed and the site so restored, and may recover from the
    licensees the costs incurred by the said removal and
    restoration.

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

SECOND SCHEDULE.

ALL dead cargo landed on or shipped from the wharf s. d.
(per ton weight or measurement)
Cattle or horses (per head)
Sheep, pigs, and goats (per head)

1 0
1 0
0 1

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

Altering and Redefining the Boundaries of the Waihopai Rabbit
District.--Notice No. Ag. 3515.

GALWAY, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 27th day of
October, 1937.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by section thirty-one of the Rabbit Nuisance
Act, 1928, it is enacted that the Governor-General,
at the request of the Board of any Rabbit District, may, by
Order in Council, alter and redefine the boundaries of its
district:

And whereas the district known as the Waihopai Rabbit
District has been constituted under and for the purposes of
the said Act:

And whereas the Board of the said district has, pursuant
to the said section thirty-one of the said Act, requested that
the boundaries of its district be altered and redefined by
including an additional area therein: