2646
THE NEW ZEALAND GAZETTE.
[No. 124

Varying the Determinations in respect of Portion (£10,000) of
the Thames Valley Electric-power Board’s Loan of £90,000.

GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 27th day of
September, 1939.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by Order in Council made on the twenty-
seventh day of July, one thousand nine hundred and
thirty-eight, and subject to the determinations as to borrowing
and repayment therein set out, consent was given to the
raising in New Zealand by the Thames Valley Electric-power
Board (hereinafter called “the said local authority”) of the
sum of ninety thousand pounds (£90,000) by a loan to be
known as “Extension Loan, 1938”:

And whereas the authority conferred by the said Order in
Council has not been fully exercised and it is expedient to
vary certain of the determinations aforesaid in respect of the
sum of ten thousand pounds (£10,000) (hereinafter called
“the said sum”):

Now, therefore, 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, and
in pursuance and exercise of the powers and authorities
conferred on him by section eleven of the Local Government
Loans Board Act, 1926, as set out in section twenty-nine of
the Finance Act, 1932 (No. 2), and of all other powers and
authorities enabling him in this behalf, doth hereby vary
certain of the determinations aforesaid in respect of the said
sum by prescribing as follows:—

(1) In lieu of the term of twenty-five (25) years specified
in clause one of the said Order in Council the term shall be
ten (10) years.

(2) In lieu of a rate of interest not exceeding three pounds
ten shillings (£3 10s.) per centum per annum, as specified in
clause two of the said Order in Council, the rate of interest
that may be paid in respect of the said sum shall be such as
shall not produce to the lender or lenders a rate exceeding
four pounds five shillings (£4 5s.) per centum per annum.

(3) In lieu of repayment being made by equal aggregate
annual or half-yearly instalments of principal and aggregate,
as specified in clause three of the said Order in Council, the
said local authority shall before raising the said sum make
provision for the repayment thereof by establishing a sinking
fund under the Local Bodies’ Loans Act, 1928, or under such
other statutory enactment as may be applicable, and shall
thereafter make payments to such sinking fund at intervals
of not more than one year, at a rate or rates per centum
which shall be not less than three pounds ten shillings
(£3 10s.), such payments to be made in respect of every part
of the said sum for the time being so borrowed and not repaid,
the first such payment to be made not later than one year
after the first day from which interest to the lender or lenders
is computed on the said sum or any part thereof so raised.

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

(T. 49/535/3.)

Licensing Mrs. Alberta McLean, to use and occupy Part of the
Foreshore in Whangapoua Harbour as a Site for a Wharf
and prescribing Dues for the use of same.

GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 27th day of
September, 1939.

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 Mrs. Alberta McLean, of Whangapoua (hereinafter
called “the licensee,”) which term shall include her 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 in Whangapoua
Harbour, as shown on plan marked M.D. 2194, approved on
the twenty-second day of August, one thousand eight hundred
and ninety-eight, and deposited in the office of the Marine
Department at Wellington, for the purpose of the use of the
wharf 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 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 licensee
for the use of the said wharf.

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 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

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 at the site
   shown on the plan marked M.D. 2194.

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 £2
   in advance, payable on the first day of April in each year,
   the proportionate part of such rental in respect of the period
   from the 21st day of September, 1939, 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 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 licensee shall maintain the above-mentioned wharf
   in good order and repair, and shall at all times exhibit there-
   from 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 regula-
   tions 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 21st day of September, 1939, 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.