2538
THE NEW ZEALAND GAZETTE.
[No. 71

Revoking Order in Council licensing the Waitaki County Council to use and occupy a Part of Foreshore of Port Moeraki.

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this fifth day of August, 1907.

Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by an Order in Council dated the eleventh day of June, one thousand nine hundred and six, and published in the New Zealand Gazette No. 45, of the fourteenth day of the same month, His Excellency the Governor in Council did, in pursuance of the provisions of “The Harbours Act Amendment Act, 1883,” license the Waitaki County Council to use and occupy a part of the foreshore and land below low-water mark at Port Moeraki for a boat-slip in accordance with plan marked M.D. 2962, and deposited in the office of the Marine Department at Wellington, and upon and subject to the terms and conditions therein set forth:

And whereas the Council desires that the said license shall be revoked, and it is advisable that this should be done:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, and in exercise of all the powers enabling him in that behalf, doth hereby revoke and determine the said recited Order in Council of the eleventh day of June, one thousand nine hundred and six, and the rights and privileges thereby conferred.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing Daniel Berry to use and occupy Part of the Foreshore and Land below Low-water Mark of Golden Bay as a Site for a Wharf.

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this fifth day of August, 1907.

Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Daniel Berry, of New Plymouth, ironmonger (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 near Tukurua, Golden Bay, in order to erect and maintain a wharf 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. 3070) showing the place in the said bay where it is intended to construct such wharf, 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 wharf, 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 in the hereinbefore-mentioned bay, shown on the said plan marked M.D. 3070.

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 ten shillings, and thereafter an annual sum of one pound in advance, such annual payments to date from the date hereof, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

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 wharf 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 wharf in good order and repair.

7. Any person authorised by the Minister may at all reasonable times enter upon the said wharf 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 wharf, 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.

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

9. The construction of the wharf 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 Messrs. Thomas Hartley and Son to use and occupy a Part of the Foreshore and Land below Low-water Mark in Hokianga River, Hokianga, as a Site for Timber Booms.

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this fifth day of August, 1907.

Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Messrs. Thomas Hartley and Son, of Kohukohu, Hokianga (hereinafter called “the licensees”), have 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 of the Hokianga River, in the County of Hokianga, in order to construct and maintain thereon timber booms; and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” have deposited plans (in duplicate, two sheets) in the office of the Marine Depart-