568
THE NEW ZEALAND GAZETTE.
[No. 24

2. The concessions and privileges conferred by this Order in Council shall extend and apply only to the part of the foreshore shown on the said plan marked M.D. 2185.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensee shall, on being supplied with a copy of this Order in Council, pay to the Minister the sum of one pound, and thereafter the annual sum of ten shillings, such annual payments to date from the first day of April, one thousand eight hundred and ninety-eight, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

4. The rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years, computed from the date of this Order in Council, 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 previous written consent of the Minister first obtained.

5. The said rights, powers, and privileges may be at any time resumed by the Governor, and the licensee may be required to remove the boatshed, at his 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.

6. The licensee shall be liable for any injury which may be sustained by any vessel or boat in passing the shed or by contact with it, and which may be occasioned by any default or neglect on his part.

7. In case the licensee 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 shed for a period of thirty days;
   (3.) Fail to pay the sums specified in clause three of these conditions; or
   (4.) Become bankrupt, or be in any manner brought under the operation of any law in force for the time being relating to bankruptcy,
   then and in any of the said cases this Order in Council, and every right, power, or privilege, may be revoked and determined by the Governor in Council without any notice to the licensee or other proceeding whatsoever; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to the licensee, and to all persons concerned or interested, that this Order in Council, and the rights and privileges thereby conferred, have been revoked and determined; and upon such revocation the Minister may cause the said boatshed, and all other erections or buildings thereto belonging, to be removed, and may recover the cost incurred by any such removal from the licensee.

8. The erection of the boatshed shall be deemed to be an acceptance by the licensee of the conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing Trustees for the Kawatiri Rowing Club to use and occupy a Part of the Foreshore of Westport Harbour.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-eighth day of March, 1898.

Present:

THE RIGHT HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, the Kawatiri Rowing Club, of Westport (hereinafter called “the club”), has applied to the Governor in Council for a license under “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), to occupy a part of the foreshore in Westport Harbour in order to erect and maintain thereon a boatshed; 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. 2176) showing the place where it is intended to erect such boatshed, the area of foreshore to be occupied for such purpose, and the manner in which it is proposed to erect the boatshed: 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 Marriss, of Westport, Sawmiller, James Suisted, of Westport, Butcher, and Charles Edward Harden, of Westport, Solicitor, 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 red colour on the plan marked M.D. 2176, so deposited as aforesaid, for the purpose of constructing or erecting thereon a boatshed, 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 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 necessary for the erection of such boatshed, which is shown, coloured red, on the plan marked M.D. 2176, and deposited in the office of the Marine Department 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. 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 boatshed without payment.

5. The said trustees for the club shall complete the erection of the said boatshed in accordance with the approved plan marked M.D. 2176, within six calendar months from the date of this Order in Council.

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

7. Any person authorised by the Minister may, at all reasonable times, enter upon the said boatshed and view the state of repairs thereof; and upon such Minister leaving 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 boatshed, requiring them, within a reasonable time, to be therein prescribed, to make good the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made, as the case may be.

8. 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 thereunder, 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. 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 boatshed 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 boatshed 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,