24
THE NEW ZEALAND GAZETTE.
[No. 2

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 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 licensee
as aforesaid; and, in further pursuance and exercise of the
said power and authority, and with the like advice and con-
sent as aforesaid, doth hereby license and permit the licensee
to use and occupy that part of the foreshore on which the
boat-shed and slip are to be constructed, as shown on the
plan so deposited as aforesaid, for the purpose of construct-
ing and maintaining the said boat-shed and slip 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 Sea-
   men 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 slip at Purakanui, as shown on plan marked M.D. 3788.

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 10s. 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 slip without
   payment.

5. The licensee 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 slip
   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 boat-shed or slip, 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.

7. 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 regula-
   tion of the Minister of Customs, or with any provisions of
   the Harbours Act, 1908, or its amendments, or any regula-
   tions 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 mean-
   time 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 con-
   sent 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 licensee 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 licensee
   in New Zealand.

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

11. In case the licensee shall—
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them;
    (2.) Cease to use or occupy the said boat-shed and slip
    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 3 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 deter-
mined 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 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 slip shall be
    sufficient evidence of the acceptance by the licensee of the
    terms and conditions of this Order in Council.

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

———

Licensing David Goldie and Sons (Limited) to use and
occupy a Part of the Foreshore and Land below Low-
water Mark in Whananaki Harbour, Whangarei County,
as a Site for Timber-booms.

———

ISLINGTON, Governor.
ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-
second day of December, 1911.

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, Messrs.
David Goldie and Sons (Limited), of Auckland (hereinafter
called “the licensees”), have applied to the Governor in
Council for a license under the Harbours Act, 1908 (here-
inafter called “the said Act”), to occupy a part of the
foreshore and land below low-water mark in Whananaki
Harbour, Whangarei County, in order to construct and
maintain thereon timber-booms; 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. 3780), showing the place where
it is intended to construct such timber-booms, the area of
foreshore and land below low-water mark intended to be
occupied for such purpose, and the manner in which it is
proposed to carry out the work: And whereas it has been
made to appear to the Governor in Council that the pro-
posed 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 under the said
Act, for the purpose aforesaid, should be granted and
issued to the licensees on the terms and conditions herein-
after 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 con-
sent of the Executive Council of the said Dominion, doth
hereby approve of the purpose or 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 by 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 and land below
low-water mark which is particularly shown and delineated
on the plan so deposited as aforesaid, for the purpose of
constructing thereon timber-booms in accordance with the
said plan, such license to be held and enjoyed by the
licensees upon and subject to the following terms and con-
ditions, 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 and land below low-water mark necessary
   for the construction of the timber-booms, as shown on
   plan M.D. 3780.

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 one pound in advance, such annual pay-
   ments to date from the date hereof, the first of such
   annual payments to be made on the licensees being sup-
   plied with a copy of this Order in Council.

4. The rights, powers, and privileges conferred by this
   Order in Council shall continue in force for five years
   from the date hereof, unless in the meantime such rights,