512
THE NEW ZEALAND GAZETTE.
[No. 11

Licensing Robert Bryce Smith and William Stewart Rae to use and occupy a Part of the Foreshore, Purakanui, as a Site for a Boat-shed.

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ISLINGTON, Governor.
ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this second day of February, 1911.

Present:

THE HONOURABLE J. A. MILLAR 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”), Robert Bryce Smith and William Stewart Rae (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 at Purakanui, in order to construct a boat-shed and staging thereon; and, in accordance with the one-hundred-and-fiftieth section of the said Act, have deposited a plan in the office of the Marine Department, at Wellington, marked M.D. 3628, in duplicate, showing the area of foreshore intended to be occupied, and the manner in which it is proposed to construct the said boat-shed and staging: 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 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 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 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 boat-shed and staging are to be constructed, as shown on the plan so deposited as aforesaid, for the purpose of constructing and maintaining the said boat-shed and staging 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.

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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 necessary for the construction of the boat-shed and staging at Purakanui, as shown on plan marked M.D. 3628.

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 licensee 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 boat-shed and staging without payment.

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

6. Any person authorized by the Minister may at all reasonable times enter upon the said boat-shed and staging, 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 of such boat-shed or staging, 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 authorize 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, or either of them, in New Zealand.

10. The licensees shall be liable for any injury which the said boat-shed or staging 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 hereinbefore set forth, or any of them;
    (2.) Cease to use or occupy the said boat-shed and staging 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;
    (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 boat-shed or staging 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.

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Licensing the Tauranga Borough Council to use and occupy Foreshore of Tauranga Harbour for constructing Baths.

—

ISLINGTON, Governor.
ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this second day of February, 1911.

Present:

THE HONOURABLE J. A. MILLAR 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”), the Tauranga Borough Council (hereinafter called “the Council”) 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 immediately contiguous to such foreshore, in order to maintain thereon baths in Tauranga Harbour, erected in accordance with a plan marked M.D. 1097, and deposited in the office of the Marine Department at Wellington, showing 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 purpose aforesaid, should be granted and issued to the Council 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 acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby license and permit the Council to use and occupy that part of the foreshore, and the land below low-water mark immediately contiguous thereto, which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of maintaining thereon baths