658
THE NEW ZEALAND GAZETTE.
[No. 18

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 wharf and tramway 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 wharf and tramway, 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. 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 Minister of Customs, or with any provisions of “The Harbours Act, 1908,” or its amendments, or any regulations made thereunder, and that are now or may hereafter be in force.

9. The ballast of all vessels loading at the said wharf shall be taken away by the licensee and deposited above high-water mark, or at such place as may be approved of by the Minister, or by any person appointed by the Minister for that purpose.

10. The rights, powers, and privileges conferred by or under this Order in Council shall continue 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 licensee shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

11. 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 in New Zealand.

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

13. 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 and tramway for a period of thirty days;
    (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 3 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 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 license, rights, and privileges thereby granted and conferred, have been revoked and determined.

14. The construction of the wharf and tramway shall be sufficient evidence of the acceptance by the licensee of the terms and conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing David Wall to use and occupy a Part of the Foreshore of Otago Harbour.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-fourth day of February, 1909.

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, David Wall, of Port Chalmers (hereinafter called “the licensee”), has applied to the Governor in Council for a license under “The Harbours Act, 1908” (hereinafter called “the said Act”), to occupy a part of the foreshore in order to erect and maintain thereon a boat-shed and slip in Otago Harbour; and, in accordance with the one-hundred-and-fiftieth section of the said Act, has deposited a plan in the office of the Marine Department at Wellington (marked M.D. 3303), (two sheets), showing such boat-shed and slip and the place in the said harbour where it is intended to erect them, 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 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 Dominion 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 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 plan so deposited as aforesaid, for the purpose of constructing or erecting thereon a boat-shed and slip; 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 shown on the said plan marked M.D. 3303.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensee shall, on being supplied with a copy of this Order in Council, pay to the Minister the sum of two pounds ten shillings, and thereafter an annual sum of ten shillings, 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 boat-shed and slip at his own cost, 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 in New Zealand.

6. The licensee shall be liable for any injury which may be sustained by any vessel or boat in passing the boat-shed and slip, or by contact with it, and which may be occasioned by any default or neglect on the licensee’s part.

7. 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 boat-shed and slip 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 hereby conferred, 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 boat-shed and slip, and all other erections or buildings thereto belonging, to be removed, and may recover the cost incurred by any such removal from the licensee.

8. The erection of the boat-shed and slip 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.