1060
THE NEW ZEALAND GAZETTE.
[No. 48

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all persons concerned or interested, that this Order in Council, and the rights and privileges thereby conferred, have been revoked and determined; and upon such revocation the Minister may cause the said boatshed, and all other erections or buildings thereto belonging, to be removed, and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 construction 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 M. Walschleger to use and occupy a Part of the Foreshore of Horse-shoe Bay, Stewart Island.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this thirteenth day of May, 1901.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Manasseh Walschleger, of Horse-shoe Bay, Stewart Island, fisherman (hereinafter called “the licensee”) 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 order to erect and maintain thereon a boatshed in Horse-shoe Bay, Stewart Island; 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. 2418) showing the place in the said bay where it is intended to erect such boatshed, and the area of foreshore 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: And whereas it is expedient that a license under the said Act, for the purpose aforesaid, should be granted and issued to the licensee 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 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 licensee 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 licensee to use and occupy that part of the foreshore which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of constructing or erecting thereon a boatshed; such license to be held and enjoyed by the licensee 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 shown on the said plan marked M.D. 2418.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensee shall, on being supplied with a copy thereof, 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 nine hundred and one; the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

4. That 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. That 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 hereinbefore set forth, or any of them;
   (2.) Cease to use or occupy the said boatshed 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 construction 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.

• Native Land proposed to be taken for Bridge-protection from the Oroua River at Awahuri, Kairanga Survey District.

RANFURLY, Governor.

ORDER IN COUNCIL

At the Government House, at Wellington, this sixth day of May, 1901.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS the land mentioned in the Schedule hereto is required to be taken for a public work, to wit, the protection of a bridge from the Oroua River at Awahuri, Kairanga Survey District:

And whereas the said land is held or occupied by Native owners under a title which is not derived from the Crown: And whereas a map in duplicate has been prepared of the said land by the Manawatu Road Board, as required by the eighty-eighth section of “The Public Works Act, 1894”:

Now, therefore, in pursuance and exercise of the powers vested in him by the eighty-eighth section of the said Act, and of all other powers in anywise enabling him in that behalf, His Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, doth hereby declare that the land shown upon such map, and described in the Schedule hereto, shall be deemed to be taken for the purpose of the said bridge-protection, and the said land shall vest in the King, as from the twentieth day of June, one thousand nine hundred and one.

SCHEDULE.

The parcel of land mentioned hereunder:—

In the Wellington Land District; as the said parcel of land is more particularly delineated on the plan marked as above stated, deposited in the Head Office, Department of Lands and Survey, at Wellington, in the Wellington Land District, and thereon coloured as above mentioned.

ALEX. WILLIS,
Clerk of the Executive Council.