3616
THE NEW ZEALAND GAZETTE.
[No. 103

lation 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.

6. The ballast of all vessels loading at the said hopper
   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 Minister for
   that purpose.

7. The rights, powers, and privileges conferred by or
   under this Order in Council shall continue to be in force
   for fourteen years, computed 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.

8. 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.

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

10. 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 hopper for a period
    of thirty days,—
    then and in any of the said cases this Order in Council, and
    every license, 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
    publication 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 privileges
    thereby granted and conferred, have been revoked and
    determined.

11. The erection of the hopper shall be sufficient evidence
    of the acceptance by the Council of the terms and conditions
    of this Order in Council.

12. 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.

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

Licensing R. W. Wells to occupy a Part of the Foreshore
at Wakatahuri, Sounds County, as a Site for a Wharf.

LIVERPOOL, Governor.
ORDER IN COUNCIL.
At the Government House at Wellington, this twenty-first
day of September, 1914.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, R. W.
Well; (hereinafter called “the licensee”) has applied
to the Governor in Council for a license under the Harbours
Act, 1908 (hereinafter called “the said Act”), to occupy a
part of the foreshore and land below low-water mark at
Wakatahuri, Sounds County, in order to erect and main-
tain thereon a wharf; and, in accordance with the one-
hundred-and-fiftieth section of the said Act, has deposited
plans in the office of the Marine Department at Wellington
(marked M.D. 4297), showing the place where it is intended
to erect such wharf, the area of foreshore and land below
low-water mark to be occupied for such purpose, 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 plans have, 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
licensee, on the terms and conditions set forth in the Sche-
dule hereto:

Now, therefore, His Excellency the Governor of the Do-
minion 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
purpose or 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 fore-
shore and land below low-water mark which are particularly
shown and delineated on the plans marked M.D. 4297 so
deposited as aforesaid, for the purpose of constructing or
erecting thereon a wharf; 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 necessary for the
   erecting of such wharf, which are shown on the plans marked
   M.D. 4297, and deposited in the office of the Marine Depart-
   ment as aforesaid.

3. In consideration of the concessions and privileges granted
   by this Order in Council, the licensee shall pay to the Minister
   the sum of £2 10s., and thereafter an annual sum of £1, 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, over, and out of the said wharf without payment.

5. All persons shall at all reasonable times, and 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.

6. The licensee shall maintain the above-mentioned wharf
   in good order and repair, and shall at all times exhibit there-
   from, and maintain at its own cost, suitable and necessary
   lights for the guidance of vessels; provided 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 reason-
   able times enter upon the said wharf and view the state of
   repair thereof; and upon the Minister leaving at or posting
   to the last known address of the licensee 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 make
   good the same, he shall with all convenient speed cause such
   defect to be removed or such repairs to be made, as the case
   may be.

8. Nothing herein contained shall authorize the licensee to
   do or cause to be done anything repugnant to or inconsistent
   with any law relating to the Customs, or with any regulation
   of the Minister of Customs, or with any provisions of the
   Harbours Act, 1908, or its amendments, or any regulation
   made thereunder, and that are now or may hereafter be in
   force.

9. The rights, powers, and privileges conferred by or under
   this Order in Council shall continue 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 privi-
   lege without the 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 com-
    pensation 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.

11. 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.

12. 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 wharf for a period of
    thirty days;
    (3.) Fail to pay the sum specified in clause 3 of these con-
    ditions; or
    (4.) Becomes bankrupt, or be brought under the operation
    of any law for the time being in force relating to
    bankruptcy,—
    then and in either of the said cases this Order in Council,
    and every license, right, power, or privilege thereby con-