1312
THE NEW ZEALAND GAZETTE.
[No. 43

2. Special meetings may be convened by the Chairman or by any two members of the Board, provided that two days’ notice of such meeting be given to each member, specifying the business to be transacted at such special meeting; and no other business than that so specified shall be transacted at such meeting.

3. Any three members of the Board shall form a quorum. Any meeting may be adjourned from time to time.

4. The members of the Board shall, at their first meeting, and thereafter at an annual meeting to be held on the first Monday in February in every succeeding year thereafter, elect one of themselves to be Chairman, who may join in the discussion, and shall have an original as well as a casting vote. The Chairman shall hold office until the election of his successor.

5. The Board shall prepare and submit at each annual meeting a report of the proceedings of the Board for the previous year ending on the thirty-first day of December, together with a statement of the receipts and expenditure of the Board for such year. A copy of every such report and statement, certified by the Chairman to be correct, shall be sent to the Minister of Lands as soon as possible after each annual meeting.

6. If at any meeting the Chairman is not present at the time appointed for holding the same, the members present shall choose some one of their number to be chairman of such meeting.

7. If, by resignation, death, incapacity, or otherwise, the office of Chairman shall be or become vacant, the members may at any monthly or special meeting appoint a Chairman.

8. All questions shall be determined by the majority of votes of the members of the Board present at a meeting.

And with the like advice and consent as aforesaid doth hereby also order that this delegation shall take effect in respect of the parcel of Crown land described in the Schedule hereto.

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SCHEDULE.

All that parcel of land in the Canterbury Land District, containing by admeasurement 100 acres, more or less, being Reserve No. 2407, Hororata Survey District. Bounded towards the north by a road-line, 4825 links; towards the east by Reserve No. 1288, 1700 links; towards the south by the River Wakaepa; and towards the north-west by a road-line, 1500 links: as the same is delineated on the plan deposited in the District Lands and Survey Office, Christchurch.

ALEX. WILLIS,
Clerk of the Executive Council.

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Licensing William Coutts and Lionel Kitching to use and occupy a Part of the Foreshore of Kaipara River as a Site for a Boat-shed and Slip.

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RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this eleventh day of May, 1904.

Present:

THE HONOURABLE SIR J. G. WARD PRESIDING 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”), William Coutts and Lionel Kitching, of Aratapu (hereinafter called “the licensees”), have applied to the Governor in Council for a license under the said Act to occupy a part of the foreshore at Aratapu, on the western bank of the Kaipara River, in the Provincial District of Auckland, in order to construct a boat-shed and slip thereon; and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” have deposited a plan in the office of the Marine Department at Wellington, marked M.D. 2725, showing the area of foreshore intended to be occupied, and the manner in which it is proposed to construct the boat-shed and slip: 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 licensees under the said Act for the purpose 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 licensees 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 licensees to use and occupy that part of the foreshore on which the boat-shed and slip are to be constructed, as shown on the plan so deposited as aforesaid, for the purpose of constructing and maintaining the said boat-shed and slip thereon; such license to be held and enjoyed by the licensees upon and subject to the terms and conditions set forth in the Schedule hereto.

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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 boat-shed and slip on the western bank of the Kaipara River, at Aratapu, as shown on plan marked M.D. 2725.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensees shall, on being supplied with a copy thereof, pay to the Minister the sum of two pounds ten shillings, and thereafter an annual sum of ten shillings, payable on the first day of May, dating from the first day of May, one thousand nine hundred and four, the first of such annual payments to be made on the licensees 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 boat-shed and slip without payment.

5. The licensees shall maintain the above-mentioned boat-shed and slip in good order and repair; and shall at all times exhibit therefrom and maintain at their 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 boat-shed and slip and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the licensees in New Zealand a notice in writing of any defect or want of repair in such boat-shed or slip, requiring them within a reasonable time, to be therein prescribed, to repair the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made.

7. Nothing herein contained shall authorise the licensees 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.

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 meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the licensees shall not assign, charge, or part with any such right, power, or privilege without the previous written consent 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 compensation whatever, on giving to the licensees 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 licensees in New Zealand.

10. The licensees shall be liable for any injury which the said boat-shed and slip may cause any vessel or boat to sustain through any default or neglect on their part.

11. In case the licensees shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them; or
    (2.) Cease to use or occupy the said boat-shed and slip 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 licensees 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