June 1.] THE NEW ZEALAND GAZETTE. 1797

thereto, in Half-moon Bay, Stewart Island, as described in the second column of the First Schedule hereto, and shown on plan marked M.D. 2127, which has been deposited in the office of the Marine Department, at Wellington, for the purposes specified in the third column of the First Schedule hereto: And whereas the Governor in Council has approved of the purposes for which the said foreshore and land below low-water mark are to be occupied: And whereas it is expedient that licenses should be granted and issued to the licensees under the said Act for the purposes aforesaid, on the terms and conditions set forth in the Second Schedule hereto:

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 purposes for which the said licenses are 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 the parts of the foreshore and of the land below low-water mark as shown on the plan so deposited as aforesaid, for the purpose of maintaining thereon the works described in the third column of the First Schedule hereto which have been erected in accordance with the said plan marked M.D. 2127; such licenses to be held and enjoyed by the licensees at the annual rentals specified in the fourth column of the First Schedule hereto, and subject to the terms and conditions set forth in the Second Schedule hereto.

FIRST SCHEDULE.

SECOND SCHEDULE.

CONDITIONS.

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 those parts of the foreshore and land below low-water mark necessary for the erection of the structures described in the third column of the First Schedule of this Order in Council.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensees shall, on being supplied with a copy thereof, each pay to the Minister the sum of 12s. 6d., and thereafter the annual sums respectively specified in the fourth column of the First Schedule of this Order in Council, payable on the 1st day of January, dating from the 1st day of January, 1912, on which date the first annual payment becomes due.

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 sheds without payment.

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

6. Any person authorized by the Minister may at all reasonable times enter upon the said sheds and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the licensees, or any of them, a notice in writing of any defect or want of repair in his or her sheds or shed, requiring him or her, within a reasonable time, to be therein prescribed, to repair the same, he or she 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, or any of them, 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, or any of them, six 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 respect of whose rights it is given.

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

11. In case any of 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 his or her shed for a period of thirty days;
    (3.) Become a 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 every right, power, or privilege granted to him or her by this Order in Council 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 the license, rights, and privileges thereby granted and conferred have been revoked and determined so far as concerns the person in respect of whom the revocation is made.

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

Making Regulations, fixing Dues, and otherwise with respect to the Kaipara Harbour and certain of the Wharves therein.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this nineteenth day of May, 1911.

Present:

THE HONOURABLE JAMES CARROLL PRESIDING IN COUNCIL.

WHEREAS it is enacted by section two hundred and seven of the Harbours Act, 1908 (hereinafter called “the said Act”), that a Harbour Board shall have power, by by-laws under the said Act, to do all or any of the things mentioned within the limits of the harbour, including, amongst other things, power to regulate the use of wharves and other landing-places, and generally regulate the traffic on the same, fix scales of dues, tolls, and charges to be paid for the use of wharves, and fix scales of dues for the storage of goods, and otherwise as mentioned in the said section:

And whereas it is enacted by section nine of the said Act that in harbours where there is no Harbour Board the Governor in Council shall have all the powers, functions, duties, and authorities by the said Act conferred upon Harbour Boards, and may exercise the same in accordance with the said Act under regulations to be made in the manner provided in section two hundred and seven:

And whereas, there being no Harbour Board for the Kaipara Harbour, the Governor, by Order in Council dated the twenty-ninth day of December, one thousand nine hundred and five, and published in the New Zealand Gazette No. 1, of the eleventh day of January following, made certain regulations with respect to the said harbour, and to the wharves and landing-places therein which are