1740
THE NEW ZEALAND GAZETTE.
[No. 59

(three sheets), showing the place where it is intended to erect
such wharf, the area of foreshore and land below low-water
mark intended to be occupied for such purpose, and the
manner in which it is proposed to erect the wharf: And
whereas it has been made to appear to the Governor in Coun-
cil 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 licensees 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 licensees 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 per-
mit the licensees, as trustees for the inhabitants of the
district, to use and occupy that part of the foreshore and
land below low-water mark which are particularly shown
and delineated on the sheets I and II of the plans marked
M.D. 3385 so deposited as aforesaid, for the purpose of con-
structing or erecting thereon a wharf, as shown on sheet III;
such license to be held and enjoyed by the licensees 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
   erecti on of such wharf, which are shown on the plans
   marked M.D. 3385, sheets I and II, and deposited in the
   office of the Marine Department as aforesaid.

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 said wharf without payment.

4. The licensees shall complete the erection of the said
   wharf in accordance with the approved plans marked M.D.
   3385, within twelve calendar months from the date of this
   Order in Council.

5. The licensees 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.

6. 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 licensees a notice
   in writing of any defect or want of repair in such wharf,
   requiring them, within a reasonable time, to be therein pre-
   scribed, to make good the same, they shall with all con-
   venient speed cause such defect to be removed or such re-
   pairs to be made, as the case may be.

7. Nothing herein contained shall authorise the licensees
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regula-
   tions of the Minister of Customs, or with any provisions
   of the Harbours Act, 1908, or its amendments, or any regu-
   lations 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 hereof, unless in the meantime such
   rights, powers, and privileges shall be altered, modified, or
   revoked by competent authority; and the licensees 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 licensees 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
   licensees.

10. The licensees 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.

11. In case the licensees shall—

(1.) Commit or suffer a breach of the conditions herein-
before set forth, or any of them;

(2.) Cease to use or occupy the said wharf for the pur-
poses aforesaid;

(3.) Become bankrupt, or be brought under the opera-
tion of any Act for the time being relating to
bankruptcy,

then and in either of the said cases this Order in Council,
and every license, right, power, or privilege thereby con-
ferred, may be revoked and determined by the Governor in
Council without any notice to the licensees or other proceed-
ing whatsoever; and publication in the New Zealand Gazette
of an Order in Council containing such revocation shall be
sufficient notice to the licensees, 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 wharf shall be sufficient
    evidence of the acceptance by the licensees of the terms
    and conditions of this Order in Council.

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

Licensing Arnold Beaumont and Mary Emma Rainbow (as
Trustees in the Estate of the late John Innis Rainbow) to
use and occupy a Part of the Foreshore of Collingwood
Harbour.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this thir-
teenth day of September, 1909.

Present:

THE HONOURABLE JAMES CARROLL PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned under
the Harbours Act, 1908 (hereinafter called “the said
Act”), Arnold Beaumont and Mary Emma Rainbow, of
Christchurch, as trustees in the estate of the late John
Innis Rainbow (and hereinafter called “the licensees”),
have 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 of Aorere, or Collingwood,
Harbour, in the Provincial District of Nelson, as shown on
plan marked M.D. 2014, and deposited in the office of the
Marine Department at Wellington, in order to maintain
thereon a wharf erected in accordance with the said plan
M.D. 2014: And whereas it is expedient that a license under
the said Act, for the purpose aforesaid, should be granted
and issued to the licensees 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 licensees 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 licensees to use and occupy that part
of the foreshore and of the land below low-water mark imme-
diately contiguous thereto which is particularly shown and
delineated on the plan so deposited as aforesaid, for the
purpose of using the aforesaid wharf; such license to be
held and enjoyed by the licensees 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 Sea-
   men Act, 1908, and includes any officer, person, or autho-
   rity 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 occupied by the
   said wharf, as shown on plan marked M.D. 2014.

3. In consideration of the concessions and privileges
   granted by this Order in Council, the licensees 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
   two pounds, payable on the 1st day of September, dating
   from the 1st day of September, 1909.

4. All persons shall at all reasonable times, upon payment
   of the proper dues, have free and full liberty to use the said
   wharf, and all rights of ingress and egress thereon and there-
   from.

5. 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 said wharf without payment.