APRIL 24.] THE NEW ZEALAND GAZETTE. 765

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 structures at the site shown on the plan marked M.D. 6178.

3. In consideration of the concessions and privileges granted by this Order in Council, the company shall pay to the Minister the sum of £1 and thereafter an annual sum of £5 in advance, payable on the 1st day of April in each year, the first of such yearly payments to be paid on the company being supplied with a copy of this Order in Council.

4. 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 structures without payment.

5. 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 thereon and therefrom.

6. The company shall maintain the above-mentioned structures in good order and repair; and shall at all times exhibit therefrom, 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 structures 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 structures 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 masters of all vessels 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 of 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 April, 1940, 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 returned by the Governor-General and the company may be required to remove the said structures 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 structures 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 structures 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 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 company fails so to do, the Minister may cause the said structures 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 structures shall be sufficient evidence of the acceptance by the company of the terms and conditions of this Order in Council.

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

Variation of Order in Council prohibiting Alienation of Native Land.

GALWAY, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 17th day of April, 1940.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

PURSUANT to section four hundred and forty-two of the Native Land Act, 1931, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, doth hereby vary an Order in Council made on the twentieth day of December, one thousand nine hundred and thirty-three, and published in the Gazette on the eleventh day of January, one thousand nine hundred and thirty-four, at page 4, and affecting Kawhia N 2a and other blocks, by excluding therefrom the land described in the Schedule hereto.

SCHEDULE.

Block. Area: Survey
A. R. P. District.
Pakarikari 1a 99 3 11 Kawhia North.

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

Extending Time preventing Persons from applying for Receiver, etc., for Thames Harbour Board Loans.

GALWAY, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 23rd day of April, 1940.

Present:

THE HON. P. FRASER PRESIDING IN COUNCIL.

IN pursuance and exercise of the powers and authorities conferred on him by section ten of the Thames Harbour Board Loans Adjustment Act, 1932-33, and of all other powers and authorities enabling him in that behalf, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, doth hereby further extend until the thirty-first day of October, one thousand nine hundred and forty, the time within which no person shall take any steps to enforce payment of the principal or interest of any of the loans referred to in the said section ten or any part of any such loans.

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

(I.A. 103/140.)