340
THE NEW ZEALAND GAZETTE
[No. 8

land mentioned in the Schedule hereto is hereby taken for
the purpose of the construction of public buildings.

SCHEDULE.

The parcel of land mentioned hereunder :—

| Approximate Area
of the
Parcel of
Land taken. | Being Section No. | Situated in the
Town of |
|--- | --- | --- |
| A. R. P.
0 0 4½ | 52 | Akaroa. |

In the Provincial District of Canterbury ; as the same is more
particularly delineated on the plan marked P.W.D. 20144,
deposited in the office of the Minister for Public Works, at
Wellington, in the Provincial District of Wellington, and
thereon coloured green.

Given under the hand of His Excellency the Right
Honourable Uchter John Mark, Earl of Ranfurly ;
Knight Grand Cross of the Most Distinguished
Order of Saint Michael and Saint George ;
Governor and Commander-in-Chief in and over
His Majesty’s Colony of New Zealand and its
Dependencies ; and issued under the Seal of the
said Colony, at the Government House, at
Wellington, this twenty-eighth day of January,
in the year of our Lord one thousand nine
hundred and three.

WM. HALL-JONES,
Minister for Public Works.

GOD SAVE THE KING !

Licensing Mr. Joseph Fell to use and occupy a Part of the
Foreshore of Hokianga Harbour as a Site for a Building
for Ship- and Boat-building Purposes.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this thirtieth
day of January, 1903.

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 ” (hereinafter
called “ the said Act ”), Joseph Fell, of Koutu, Hokianga
(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 on the north side of Puata
Bridge, Koutu, in Hokianga Harbour, in the Provincial
District of Auckland, in order to construct a building for
ship- and boat-building purposes thereon, and, in accord-
ance 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. 2590,
showing the area of foreshore intended to be occupied :
And whereas the Governor in Council has approved of the
purpose for which the said foreshore is to be occupied :
And whereas it is expedient that a license should be granted
and issued to the licensee under the said Act for the pur-
pose aforesaid, 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 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 on
which the building is to be constructed, as shown on the plan
so deposited as aforesaid, for the purpose of constructing
and maintaining the said building thereon ; such license to
be held and enjoyed by the licensee upon and subject to the
terms and conditions set forth in the Schedule hereto.

SCHEDULE.

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 construction of the building in
   Hokianga Harbour, as shown on plan marked M.D. 2590.

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 £3, and thereafter an annual sum of £2, payable on
   the 1st day of January, dating from the 1st day of January
   1903, the first of such annual payments to be made on the
   licensee being supplied with a copy of this Order in Council.

4. His 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 building without payment.

5. The licensee shall maintain the abovementioned build-
   ing in good order and repair, and shall at all times exhibit
   therefrom and maintain at his own cost suitable and
   necessary lights for the guidance of vessels : Provided that
   no light shall be exhibited until after it has been approved
   of by the Minister.

6. Any person authorised by the Minister may at all
   reasonable times enter upon the said building 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 building, requiring him within a reasonable
   time, to be therein prescribed, to repair the same, he shall
   with all convenient speed cause such defect to be removed
   or such repairs to be made.

7. Nothing herein contained shall authorise the licensee
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regu-
   lation of the Commissioner of Trade and Customs, or with
   any provisions of “ The Harbours Act, 1878,” or its amend-
   ments, or any regulations made thereunder, and that are
   now or may hereafter be in force.

8. The rights, powers, and privileges conferred by or
   under this Order in Council shall continue to be in force for
   fourteen years from the date hereof, unless in the mean-
   time 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 con-
   sent of the Minister first obtained.

9. The said rights, powers, and privileges may be at any
   time resumed by the Governor, without payment of any com-
   pensation 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.

10. The licensee shall be liable for any injury which the
    said building may cause any vessel or boat to sustain
    through any default or neglect on his part.

11. In case the licensee shall—

(1.) Commit or suffer a breach of the conditions herein-
before set forth, or any of them ; or

(2.) Cease to use or occupy the said building for a
period of thirty days ; or

(3.) Become bankrupt, or be in any manner brought
under the operation of any Act for the time being
in force relating to bankruptcy ; or

(4.) Fail to pay the sums specified in clause three of
these conditions—

then and in either 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 publi-
cation 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 license, rights, and privileges
thereby granted and conferred, have been revoked and
determined.

12. The construction of the building shall be sufficient evi-
    dence of the acceptance by the licensee of the terms and
    conditions of this Order in Council.

J. F. ANDREWS,
Acting Clerk of the Executive Council.

Amending Regulations as to Election of Members of Harbour
Boards.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this thirtieth
day of January, 1903.

Present :

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS it is enacted by the thirty-fifth section of
“ The Harbours Act, 1878,” that all elections of
members of Harbour Boards, other than those to be made