2622
THE NEW ZEALAND GAZETTE.
[No. 87

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 and land below low-water mark which are particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of constructing or erecting thereon a boatshed and staging, 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, 1908,” 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 necessary for the erection of such boatshed and staging as shown on the said plan marked M.D. 3409 (sheet 2).

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 one pound, 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 boatshed and staging 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 boatshed and staging, 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 boatshed or staging 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 boatshed and staging, and all other erections or buildings thereto belonging, to be removed, and may recover the costs incurred by any such removal from the licensee.

8. The erection of the boatshed and staging shall be deemed to be an acceptance by the licensee of the terms and conditions of this Order in Council.

J. F. ANDREWS,
Clerk of the Executive Council.

Licensing the Kauri Timber Company (Limited) to use and occupy a Part of the Foreshore of Whangaparapara Harbour, Great Barrier Island.

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this eighteenth day of October, 1909.

Present:
His Excellency the Governor in Council.

WHEREAS by “The Harbours Act, 1908” (hereinafter called “the said Act”), it is, among other things, enacted that, where the foreshore or land below low-water mark has been legally vested in any Harbour Board or other local governing body, it may from time to time, subject to the provisions of the one-hundred-and-fiftieth section of the said Act, license and permit any part of the foreshore or land below low-water mark to be used or occupied, inter alia, for any purpose relating to the convenience of shipping or the public, or for any local enterprise or object which the Governor in Council may approve: And whereas by the said Act it is also provided that every licensee shall, subject to the provisions of the said Act, have power to make and construct any necessary reclamation for the purpose of erecting on the foreshore comprised in his license, or upon any land below low-water mark immediately contiguous to such foreshore which shall be specified in such license, any building, structure, erection, or other works to enable him to obtain the full benefit of such license: And whereas by the said Act it is further provided that every such license shall be in writing, under the seal of the Board or body granting the same, and may be for any period not exceeding fourteen years from the date thereof, and may prescribe a sum of money, to be payable either at stated periods or on or before the granting thereof, for the use of the foreshore or land below low-water mark so granted, and may prescribe any other terms or conditions, general or particular, to be observed or performed by the person to whom the same is granted: And whereas by the said Act it is also enacted that, in any case where there is no Harbour Board, or no Harbour Board empowered to grant any such license as aforesaid, the Governor in Council may in his discretion grant and issue a license for all or any of the purposes hereinbefore mentioned, and all the provisions of the said Act in respect of such license shall, mutatis mutandis, apply accordingly: And whereas there being no Harbour Board empowered to grant the license hereinafter mentioned, the Kauri Timber Company (Limited), (hereinafter called “the company”), has applied to the Governor in Council for a license under the said Act to occupy a part of the foreshore and land below low-water mark in Whangaparapara Harbour, Great Barrier Island, in order to erect and maintain thereon timber booms and a breastwork; and, in accordance with the one-hundred-and-fiftieth section of the said Act, has deposited plans in the office of the Marine Department, at Wellington (marked M.D. 3386, two sheets), showing the manner in which it is proposed to erect such booms and breastwork, and the necessary reclamation to be constructed in order to obtain the full benefit of the license hereby granted, the place where it is intended to erect and construct the same, 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 works 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 should be granted and issued to the company under the said Act, for the purposes aforesaid, 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 company 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 company to use and occupy those parts of the foreshore and land below low water-mark which are particularly shown and delineated on the plans so deposited as aforesaid, for the purpose of constructing or erecting thereon the booms and breastwork shown and delineated on sheet 2 of the said plans, such license to be held and enjoyed by the company upon and subject to the following terms and conditions, that is to say:—

1. The concessions and privileges conferred by this Order in Council shall extend and apply only to those parts of the foreshore and land below low-water mark necessary for the erection and construction of such booms and breastwork which are shown on sheet 2 of the plans marked M.D. 3386, 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 company 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 seven pounds in advance, dating from the date hereof, the first of such annual payments to be made on the company being supplied with a copy of this Order in Council.

3. 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, over, and out of the booms, breastwork, and reclamation without payment.