1742
THE NEW ZEALAND GAZETTE.
[No. 59

Licensing Septimus Bacon and Thomas Bratt Hawkins, as Trustees for the Hokianga Brass Band, to use and occupy a Part of the Foreshore of Hokianga River as a Site for a Band-shed.

ROBERT STOUT,
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House, at Wellington, this thirteenth day of June, 1910.

Present :

HIS EXCELLENCY THE ADMINISTRATOR OF THE GOVERNMENT 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”), Septimus Bacon and Thomas Bratt Hawkins, acting as trustees for the Hokianga Brass Band (hereinafter called “the said licensees”), have applied to the Governor in Council for a license under the said Act to occupy a part of the foreshore of Hokianga River, in the Provincial District of Auckland, in order to construct a band-shed thereon; and, in accordance with the one-hundred-and-fiftieth section of the said Act, have deposited plans in the office of the Marine Department, at Wellington, marked M.D. 3511 (two sheets), in duplicate, showing the area of foreshore intended to be occupied, and the manner in which it is proposed to construct the said band-shed: 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 should be granted and issued to the licensees under the said Act, for the purpose aforesaid, on the terms and conditions hereinafter expressed:

Now, therefore, His Excellency the Administrator of the Government 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 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 on which the band-shed is to be constructed, as shown on the plans so deposited as aforesaid, for the purpose of constructing and maintaining the said band-shed thereon, such license to be held and enjoyed by the licensees upon and subject to the terms and conditions set forth in the Schedule hereto.

SCHEDULE.

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 of Hokianga River necessary for the construction of the band-shed, as shown on plan marked M.D. 3511.

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 ten shillings in advance, dating from the date hereof, the first of such annual payments to be made on the licensees being supplied with a copy of this Order in Council.

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 said band-shed without payment.

5. The licensees shall maintain the above-mentioned band-shed in good order and repair.

6. Any person authorised by the Minister may at all reasonable times enter upon the said band-shed and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the licensees in New Zealand a notice in writing of any defect or want of repair in such band-shed, 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.

7. Nothing herein contained shall authorise the licensees 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.

8. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be 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 previous 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 in New Zealand.

10. The licensees shall be liable for any injury which the said band-shed may cause any vessel or boat to sustain through any default or neglect on their part.

11. In case the licensees or any of them 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 band-shed 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 three of these conditions,

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 licensees 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 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 construction of the band-shed 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 the Northern Coal Company (Limited) to use and occupy a Part of the Foreshore of Ngunguru River as a Site for a Coal-hopper.

ROBERT STOUT,
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House, at Wellington, this thirteenth day of June, 1910.

Present :

HIS EXCELLENCY THE ADMINISTRATOR OF THE GOVERNMENT 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”), the Northern Coal Company (Limited), of Auckland (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 the land below low-water mark adjacent thereto in the Ngunguru River, Whangarei County, in order to erect and maintain thereon a coal-hopper; 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. 3428, showing the manner in which it is proposed to construct such coal-hopper, the place where it is intended to erect 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 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 without modification or addition: And whereas it is expedient that a license under the said Act, for the purposes aforesaid, should be granted and issued to the company on the terms and conditions hereinafter expressed :