234
THE NEW ZEALAND GAZETTE.
[No. 10

£10 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 17th day of January, 1938, until the 31st day of
March following to be paid on the company being supplied
with a copy of this Order in Council.

4. All persons shall at all reasonable times and upon pay-
   ment 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 company shall maintain the above-mentioned wharf
   in good order and repair, and shall at all times exhibit there-
   from and maintain at the company’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 registered office of the company
   in New Zealand a notice in writing of any defect or want of
   repair in such wharf requiring the company within a
   reasonable time, to be therein prescribed, to repair the same,
   the company shall with all reasonable speed cause such defect
   to be removed or such repairs to be made.

8. Nothing herein contained shall authorize the company
   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 17th day of January, 1938, unless in the meantime
    such rights, powers, and privileges shall be altered, modified,
    or revoked by competent authority; and the company 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 company
    may be required to remove the wharf at the company’s own
    cost, without payment of any compensation whatever, on
    giving to the company 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 registered office of the company in New Zealand.

12. The company 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 company’s part.

13. In case the company 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 for a period of
    thirty consecutive days;
    (3) Fail to pay the sums specified in clause 3 of these
    conditions; or
    (4) Be in any manner wound up or dissolved—
    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 company or other
    proceedings whatsoever; and publication in the Gazette of
    an 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 to do so, 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 fail 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 costs
    incurred by the said removal and restoration.

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

SECOND SCHEDULE.
Rates, including Labour.

On all goods and luggage not otherwise specified at s. d.
per ton (weight or measurement) . . . . . . . . . . 3 6
Minimum charge . . . . . . . . . . . . . . . . . . . . 0 6
Bicycles (each) . . . . . . . . . . . . . . . . . . . . . 0 6
Bricks and slates (per thousand) . . . . . . . . . . . 7 0
Bricks and slates (minimum charge) . . . . . . . . . 1 6
Cattle and horses (per head first 20) . . . . . . . . 3 0
Cattle and horses (each additional per head) . . . 1 6
Hides (each) . . . . . . . . . . . . . . . . . . . . . . . 0 6
Passengers’ luggage, not exceeding 100 lb. . . . . . Free.
Sheep-skins (per bale not exceeding 2 cwt.) . . . . 0 9
Sheep-skins, loose (each) . . . . . . . . . . . . . . . 0 1½
Sheep, pigs, calves, and goats (per head, first 50) . 0 4
Sheep, pigs, calves, and goats (each additional per
head) . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 1½
Timber (per 100 superficial feet) . . . . . . . . . . . 0 9
Vehicles, four-wheel (each) . . . . . . . . . . . . . . 7 6
Vehicles, two-wheel (each) . . . . . . . . . . . . . . 5 0
Wool, hops, flax (per bale) . . . . . . . . . . . . . . 1 0

Haulage.
s. d.
Per ton, weight or measurement . . . . . . . . . . . 2 0

Labour.
Packages exceeding half a ton . . . . . . . . . . . . By arrangement.

Storage.
s. d.
Bicycles (each) per week or part of a week . . . . 0 6
Per ton. For first week or part of a week after twenty-
four hours . . . . . . . . . . . . . . . . . . . . . . . . 2 6
Minimum charge . . . . . . . . . . . . . . . . . . . . . 0 6
After the first week, for every week or part of a week 1 3
Minimum charge . . . . . . . . . . . . . . . . . . . . . 0 6

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

Licensing John Harrison to use and occupy a Part of the
Foreshore at Half-moon Bay, Stewart Island, as a Site for
Fish-cleaning Sheds and Tramway.

GALWAY, Governor-General.
By his Deputy,
MICHAEL MYERS,
ORDER IN COUNCIL.

At the Government House at Wellington, this 2nd day of
February, 1938.

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 John Harrison, of Half-moon Bay, Stewart
Island (hereinafter called “the licensee,” which term shall
include his administrators, executors, and assigns, unless the
context requires a different construction), to use and occupy
all those parts of the foreshore at Half-moon Bay, Stewart
Island, as shown on plan marked M.D. 2043, approved on
twenty-first December, one thousand eight hundred and
ninety-five, and deposited in the office of the Marine Depart-
ment at Wellington, for the purpose of the use of the fish-
cleaning sheds and tramway (hereinafter referred to as “the
said structures”) as shown on the said plan, 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 un-
   covered 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.