1370
THE NEW ZEALAND GAZETTE.
No. 71]

Department, at Wellington (marked M.D. 1867), showing
the place where it is intended to erect such boat-shed,
the area of foreshore to be occupied for such purpose,
and the manner in which it is proposed to erect the
boat-shed: And whereas it has been made to appear
to the Governor in Council that the proposed work will not
be or tend to the injury of navigation; and the said plan
has, prior to the making of this Order in Council, been
approved by the Governor in Council, without modification
or addition: And whereas it is expedient that a license
under the said Act, for the purpose aforesaid, should be
granted and issued to John Joseph Moynihan, of Westport,
Solicitor, John Marris, of Westport, Sawmiller, and Alfred
Wright, of Westport, Medical Practitioner, as trustees for
the club, on the terms and conditions hereinafter expressed:
Now, therefore, His Excellency the Governor of the Colony
of New Zealand, in pursuance and exercise of the power and
authority vested in him by the said Act, and of all other
powers and authorities enabling him in that behalf, and by
and with the advice and consent of the Executive Council of
the said colony, doth hereby approve of the purpose or object
for which the said license is required by the club as aforesaid;
and in further pursuance and exercise of the said power and
authority, and with the like advice and consent as aforesaid,
doth hereby license and permit the said trustees for the
club to use and occupy that part of the foreshore which
is particularly shown and delineated in green colour on the
plan marked M.D. 1867 so deposited as aforesaid, for the
purpose of constructing or erecting thereon a boat-shed, such
license to be held and enjoyed by the said trustees for the
club upon and subject to the following terms and conditions,
that is to say:—

1. In these conditions the term “Minister” means the
   Minister having charge of the Marine Department, as defined
   by “The Shipping and Seamen’s Act, 1877,” and includes
   any officer, person, or authority acting by or under the direc-
   tion 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 necessary for the erection of such boat-shed,
   which is shown, coloured green, on the plan marked
   M.D. 1867, and deposited in the office of the Marine De-
   partment as aforesaid.

3. In consideration of the concessions and privileges
   granted by this Order in Council the said trustees for the
   club shall, on demand being made, pay to the Minister an
   annual sum of one shilling, dating from the day of the
   date of this Order in Council.

4. That Her Majesty, or the Governor, and all officers in
   the Government service, acting in the execution of their
   duty, shall at all times have free ingress, passage, and egress
   into, through, and out of the said boat-shed without pay-
   ment.

5. The said trustees for the club shall complete the erec-
   tion of the said boat-shed in accordance with the approved
   plan marked M.D. 1867, within six calendar months from
   the date of this Order in Council.

6. The said trustees for the club shall maintain the above-
   mentioned boat-shed in good order and repair.

7. Any person authorised by the Minister may, at all rea-
   sonable times, enter upon the said boat-shed and view
   the state of repairs thereof; and upon such Minister leav-
   ing at or posting to the last-known address of the said
   trustees for the club or either of them a notice in writing of
   any defect or want of repair in such boat-shed, requir-
   ing them, within a reasonable time, to be therein pre-
   scribed, to make good the same, they shall with all con-
   venient speed cause such defect to be removed or such
   repairs to be made, as the case may be.

8. That nothing herein contained shall authorise the said
   trustees for the club to do or cause to be done anything
   repugnant to or inconsistent with any law relating to the
   Customs, or any regulation of the Commissioner of Trade
   and Customs, or with any provisions of “The Harbours Act,
   1878,” or its amendments, or any regulations made there-
   under, and that are now or may hereafter be in force.

9. The rights, powers, and privileges conferred by or under
   this Order in Council shall continue in force for fourteen
   years from the date hereof, unless in the meantime such
   rights, powers, and privileges shall be altered, modified, or
   revoked by competent authority; and the said trustees for
   the club shall not assign, charge, or part with any such
   right, power, or privilege without the written consent of the
   Minister first obtained.

10. That the said rights, powers, and privileges may at any
    time be resumed by the Governor, without payment of any
    compensation whatever, on giving to the said trustees for the
    club one calendar month’s 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 said
    trustees for the club or either of them.

11. The said trustees for the club shall be liable for any
    injury which the said boat-shed may cause any vessel or
    boat to sustain through any default or neglect on their part,
    or the part of the club.

12. In case the said trustees for the club 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 boat-shed for the
    purposes aforesaid; or
    (3.) In case the club be in any manner wound up or
    dissolved,
    then and in either of the said cases this Order in Council,
    and every license, right, power, or privilege thereby con-
    ferred, may be revoked and determined by the Governor in
    Council without any notice to the said trustees for the club
    or other proceeding whatsoever; and publication in the New
    Zealand Gazette of an Order in Council containing such revo-
    cation shall be sufficient notice to the said trustees and
    to the club, 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.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing Mr. John Rutherford to use and occupy a Part
of the Foreshore of Foxton Harbour.

GLASGOW, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this nineteenth
day of September, 1893.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned under
“The Harbours Act Amendment Act, 1883,” John Ruther-
ford, of Brightwater, Nelson, miller (hereinafter called
“the licensee”), has applied to the Governor in Council
for a license under the said Act to occupy a part of the
foreshore of Foxton Harbour, in order to erect and main-
tain thereon a wharf; and, in accordance with the one
hundred and fifty-sixth section of “The Harbours Act,
1878,” has deposited a plan in the office of the Marine
Department, at Wellington (marked M.D. 1871), showing
the said wharf and the place where it is intended to erect
the same, and the area of foreshore and land below low-
water mark intended to be occupied for such purpose: And
whereas it has been made to appear to the Governor in
Council that the proposed work will not be or tend to the
injury of navigation; and the said plan has, prior to the
making of this Order in Council, been approved by the
Governor in Council, without modification or addition: And
whereas it is expedient that a license should be granted and
issued to the licensee under the said Act for the purpose afore-
said, on the terms and conditions hereinafter expressed:
Now, therefore, His Excellency the Governor of the Colony
of New Zealand, in pursuance and exercise of the power and
authority vested in him by the said Act, and of all other
powers and authorities enabling him in that behalf, and by
and with the advice and consent of the Executive Council
of the said colony, doth hereby approve of the object for
which the said license is required by the licensee as afore-
said; and, in further pursuance and exercise of the said
power and authority, and with the like advice and consent
as aforesaid, doth hereby license and permit the licensee
to use and occupy that part of the foreshore and of the land
below low-water mark on which the wharf is to be erected,
as shown on the plan so deposited as aforesaid, for the
purpose of constructing or erecting thereon a wharf, such
license to be held and enjoyed by the licensee upon and sub-
ject to the following terms and conditions, that is to say:—

1. In these conditions the term “Minister” means the
   Minister having charge of the Marine Department, as defined
   by “The Shipping and Seamen’s Act, 1877,” 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 of the land below low-water mark occupied by
   the wharf.

3. The rights, powers, and privileges conferred by or
   under this Order in Council shall continue in force for five
   years from the date hereof, 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 privi-
   lege without the previous written consent of the Minister
   first obtained.

4. In consideration of the concessions and privileges
   granted by this Order in Council the licensee shall, on
   demand, pay to the Minister an annual sum of one shilling
   during the continuance of the license hereby granted.