Dec. 12.] THE NEW ZEALAND GAZETTE. 3489

sum of one pound in advance, dating from the date hereof, the first of such annual payments to be made on the said Brownlee and Co. being supplied with a copy of this Order in Council.

3. The said Brownlee and Co. shall maintain the above-mentioned wharf 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.

4. Any person authorised by the Minister may, at all reasonable times, enter upon the said wharf and view the state of repairs thereof; and upon such Minister leaving at or posting to the last known address of Brownlee and Co. a notice in writing of any defect or want of repair in such wharf, 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.

5. Nothing herein contained shall authorise the said Brownlee and Co. 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.

6. The ballast of all vessels loading at the said wharf shall be taken away by the said Brownlee and Co. and deposited above high-water mark, or at such place as may be approved of by the Minister, or by the Harbourmaster at Havelock.

7. The rights, powers, and privileges conferred by this Order in Council shall continue in force for seven 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 said Brownlee and Co. shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

8. 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 said Brownlee and Co., or any one of them, 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 said Brownlee and Co., or any one of them.

9. The said Brownlee and Co. shall be liable for any injury which the said wharf may cause any vessel or boat to sustain through any default or neglect on their part.

10. In case the said Brownlee and Co. 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 wharf;
    (3.) Fail to pay the sum specified in clause two 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 said Brownlee and Co. 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 said Brownlee and Co., and to all persons concerned or interested, that this Order in Council, and the rights and privileges thereby conferred, have been revoked and determined.

11. 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.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing Frederick Henry Wood to use and occupy a Part of the Foreshore of Tauranga Harbour as a Site for Boat-sheds.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this sixth day of December, 1907.

Present:

THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Frederick Henry Wood, of Tauranga (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 of Tauranga Harbour, in order to erect and maintain thereon two boat-sheds; and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” has deposited plans in the office of the Marine Department at Wellington, marked M.D. 3129 (four sheets), showing the place where it is intended to erect the same, 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 plans have, 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 Dominion 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 Dominion, 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 plans so deposited as aforesaid, for the purpose of constructing or erecting thereon two boat-sheds; such license to be held and enjoyed by the licensee upon and subject to the following terms and conditions set forth in the Schedule hereto.

SCHEDULE.

1. 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 boat-sheds, which is shown on the plans marked M.D. 3129, and deposited in the office of the Marine Department as aforesaid.

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

3. All His Majesty’s subjects shall at all reasonable times, upon payment of the proper dues, have free and full liberty to use the boat-sheds, and all rights of ingress and egress thereon and therefrom.

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 boat-sheds without payment.

5. The licensee shall maintain the above-mentioned boat-sheds in good order and repair.

6. Any person authorised by the Minister may, at all reasonable times, enter upon the said boat-sheds 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 boat-sheds, 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 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 in force for fourteen years 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 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 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.