AUG. 31.] THE NEW ZEALAND GAZETTE. 2661

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 an Extension to Band-shed.

ISLINGTON, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this seventh day of August, 1911.

Present:
HIS EXCELLENCY THE GOVERNOR 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 licensees"), did, in the year one thousand nine hundred and ten, apply to the Governor in Council for a license under the said Act to occupy a part of the foreshore in Hokianga River in order to erect a band-shed thereon; and, in accordance with the one-hundred-and-fiftieth section of the said Act, deposited a plan in the office of the Marine Department, at Wellington (marked M.D. 3511), showing the area of foreshore proposed to be occupied and the manner in which it was proposed to erect the said band-shed: And whereas the Governor in Council did, on the thirteenth day of June, one thousand nine hundred and ten, approve of the purpose for which the said foreshore was to be occupied, and granted a license for the purpose aforesaid on the terms and conditions therein expressed: And whereas the licensees have applied for authority to make certain additions to the said band-shed at Hokianga River described in the said plan M.D. 3511; and, in accordance with the one-hundred-and-fiftieth section of the said Act, have deposited plans in the office of the said Marine Department, at Wellington (marked M.D. 3688), showing the additional foreshore intended to be so occupied, and the nature and extent of the said additions intended to be made: 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 (marked M.D. 3688) 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 last 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 said extension to the band-shed at Hokianga River is to be erected, as shown on the plan M.D. 3688 so deposited as aforesaid, for the purpose of erecting and maintaining the said additions to the band-shed at Hokianga River, 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 necessary for the additions to the said band-shed, as shown on plan marked M.D. 3688.

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 one pound ten shillings, and thereafter an annual sum of one pound, payable in advance, dating from the thirteenth day of June in each year, 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 authorized 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, or either of them, 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 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 thirteenth day of June, one thousand nine hundred and ten, 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 band-shed 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 wharf for a period of thirty days—
    then and in either of the said cases this Order in Council, and every right, power, or privilege thereby conferred, 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 erection of the said 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 Hobson County Council to use and occupy a Part of the Foreshore at Kirikopuni, in Kaipara Harbour, for a Wharf-site.

ISLINGTON, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-first day of August, 1911.

Present:
HIS EXCELLENCY THE GOVERNOR 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 Hobson County 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 land below low-water mark at Kirikopuni, in Kaipara Harbour, in order to erect and maintain a wharf thereon; 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. 3710), showing the area of foreshore and land below low-water mark intended to be occupied and the manner in which it is proposed to erect the said wharf: 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 Council under the said Act for the purpose last aforesaid, on the terms and conditions hereinafter expressed: