JUNE 7.] THE NEW ZEALAND GAZETTE. 1435

be sufficient if given by the Minister and delivered at or posted to the last known address of the Council.

10. The Council shall be liable for any injury which the said wharf or shed may cause any vessel or boat to sustain through any default or neglect on its part.

11. In case the Council 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 wharf and shed, or either of them, for the purposes aforesaid,
    then and in either of the said cases this Order in Council, and every license, right, power, or privilege thereby conferred, may be revoked and determined by the Governor in Council, without any notice to the Council 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 Council, 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or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.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 erection of the said shed and the making of the additions and alterations to the wharf shall be sufficient evidence of the acceptance by the Council of the terms and conditions of this Order in Council.

G. C. SCHMIDT,
Acting Clerk of the Executive Council.

Licensing the Kaipara Union Amateur Boating Club to use and occupy Part of the Foreshore of the Wairoa River as a Site for a Boat-shed and Stage.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this first day of June, 1906.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, the Kaipara Union Amateur Boating Club (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 and land below low-water mark at Te Kopuru, on the Wairoa River, Kaipara Harbour, in order to erect and maintain a boat-shed and stage with floating stage at outer end thereon; 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. 2951, showing the place on the said river where it is intended to construct such boat-shed and stage, 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: 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 and land below low-water mark which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of constructing or erecting thereon a boat-shed and stage with floating stage at outer end, 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 of Marine, as defined by “The Shipping and Seamen Act, 1903,” 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 land below low-water mark on the hereinbefore-mentioned river, shown on the said plan marked M.D. 2951.

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 two pounds; and thereafter an annual sum of ten shillings in advance, such annual payments to date from the date hereof.

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 structures at his own cost, without payment of any compensation whatever, on giving to the licensee three 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 maintain the above-mentioned structures in good order and repair, and shall at all times exhibit therefrom, and maintain at its 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.

7. Any person authorised by the Minister may, at all reasonable times, enter upon the said structures and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the licensee a notice in writing of any defect or want of repair in such structures, requiring the licensee within a reasonable time, to be therein prescribed, to repair the same, it shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. The licensee shall be liable for any injury which may be sustained by any vessel or boat in passing the said structures, or by contact therewith, and which may be occasioned by any default or neglect on the part of the licensee.

9. 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 structures 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 structures to be removed, and may recover the cost incurred by any such removal from the licensee.

10. The construction of the said structures shall be deemed to be an acceptance by the licensee of the conditions of this Order in Council.

G. C. SCHMIDT,
Acting Clerk of the Executive Council.

Licensing the Awitu Road Board to use and occupy Part of the Foreshore of Manukau Harbour for an Extension to Wharf at Graham’s Beach.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this first day of June, 1906.

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”), the Awitu Road Board (hereinafter called “the Board”) did, in the year one thousand nine hundred and two, apply to the Governor in Council for a license under the said Act to occupy part of the foreshore in Manukau Harbour in order to erect a wharf at Graham’s Beach; and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” deposited a plan in the office of the Marine Department at Wellington (marked M.D. 2547) showing the area of foreshore and the manner in which it was proposed to erect the said wharf: And whereas the Governor in Council did, on the first day of November, one thousand nine.