Feb. 29.] THE NEW ZEALAND GAZETTE. 887

lations made thereunder, and that are now or may here-
after be in force.

8. The ballast of all vessels loading at the said wharf
   shall be taken away by the Council and deposited above
   high-water mark, or at such place as may be approved of
   by the Minister or by any person appointed by the Minis-
   ter for that purpose.

9. 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 Council shall not assign, charge, or part with any such
   right, power, or privilege without the previous written
   consent of the Minister first obtained.

10. 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 Council three
    calendar months’ previous notice in writing. Any such
    notice shall be sufficient if given by the Minister, and de-
    livered at or posted to the last known address of the
    Council in New Zealand.

11. The Council shall be liable for any injury which the
    said wharf may cause any vessel or boat to sustain through
    any default or neglect on the Council’s part.

12. In case the Council shall—
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them; or
    (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, may be revoked and
    determined by the Governor in Council without any notice
    to the Council or other proceeding whatsoever; and publi-
    cation in the New Zealand Gazette of an Order in Council
    containing such revocation shall be sufficient notice to the
    Council, and to all persons concerned or interested, that
    this Order in Council, and the license, rights, and pri-
    vileges thereby granted and conferred, have been revoked
    and determined.

13. The erection of the said wharf shall be sufficient
    evidence of the acceptance by the Council of the terms
    and conditions of this Order in Council.

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

Licensing Thomas Clotworthy to use and occupy a Part
of the Foreshore at Mareikura, in Kaipara Harbour, as
a Site for a Wharf.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this thir-
teenth day of February, 1912.

Present:

THE RIGHT HONOURABLE SIR J. G. WARD, BART.,
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”), Thomas Clotworthy, of Tangiteroria (hereinafter
called “the licensee”), 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 adjacent
thereto, at Mareikura, 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 Depart-
ment, at Wellington, marked M.D. 3813, 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 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 licensee under the said Act, for the purpose afore-
said, 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 conferred upon 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 licensee 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 licensee to use and occupy that part
of the foreshore, and land below low-water mark adjacent
thereto, on which the wharf is to be erected, as shown on
the plan so deposited as aforesaid, for the purpose of
erecting and maintaining the said wharf thereon, such
license to be held and enjoyed by the licensee 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, and land below low-water mark adjacent thereto,
   necessary for the construction of the wharf as shown on
   plan marked M.D. 3813.

3. In consideration of the concessions and privileges
   granted by this Order in Council, the licensee shall, on
   being supplied with a copy thereof, pay to the Minister
   the sum of £2 10s., and thereafter an annual sum of
   £1 payable 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. All persons shall at all reasonable times, upon pay-
   ment of the proper dues, have free and full liberty to use
   the said wharf, and all rights of ingress and egress thereon
   and therefrom.

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.

6. The licensee shall maintain the above-mentioned
   wharf in good order and repair; and shall at all times
   exhibit therefrom and maintain at his own cost suitable
   and necessary lights for the guidance of vessels: Pro-
   vided that no light shall be exhibited until after it has
   been approved of by the Minister.

7. Any person authorized 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
   licensee in New Zealand a notice in writing of any defect
   or want of repair in such wharf, requiring him within
   a reasonable time, to be therein prescribed, to repair the
   same, he shall with all convenient speed cause such defect
   to be removed or such repairs to be made.

8. Nothing herein contained shall authorize the licensee
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regu-
   lation 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.

9. The ballast of all vessels loading at the said wharf
   shall be taken away by the licensee and deposited above
   high-water mark, or at such place as may be approved of
   by the Minister, by any person appointed by the Minister
   for that purpose, or by the Harbourmaster at Kaipara.

10. 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 licensee shall not assign, charge, or part with any
    such right, power, or privilege without the previous written
    consent of the Minister first obtained.

11. 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 licensee
    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 licensee in New Zealand.

12. The licensee shall be liable for any injury which
    the said wharf may cause any vessel or boat to sustain
    through any default or neglect on his part.

13. In case the licensee shall—
    (1.) Commit or suffer a breach of the conditions here-
    inbefore set forth, or any of them;
    (2.) Fail to erect and complete the wharf within eigh-
    teen months from the date of this Order in
    Council;
    (3.) Cease to use or occupy the said wharf for a period
    of thirty days;
    (4.) Become bankrupt, or be in any manner brought
    under the operation of any law for the time
    being in force relating to bankruptcy; or
    (5.) Fail to pay the sums specified in clause 3 of these
    conditions,—