3436
THE NEW ZEALAND GAZETTE.
[No. 115

so deposited as aforesaid, for a term of fourteen years computed from the seventh day of June, one thousand nine hundred :

And whereas, the said license having expired, William Norris Masefield, of Manaroa (hereinafter called “the licensee”), has made application for a fresh license under the Harbours Act, 1908 (hereinafter called “the said Act”), for a term of ten years computed from the expiry of the term of the above-mentioned license, and it is expedient to grant the same for the term and subject to the 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 acting 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 foreshore and the land below low-water mark adjacent thereto which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of using the aforesaid wharf in connection therewith, such license to be held and enjoyed by the licensee upon and subject to the terms and conditions set forth in the Schedule hereto.

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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 erection of the wharf, as shown on plan marked M.D. 2351.

3. In consideration of the concessions and privileges granted by this Order in Council the licensee shall pay to the Minister an annual sum of 5s., payable on the 1st day of May, dating from the 1st day of May, 1914, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

4. All the settlers of the district shall, at all reasonable times, have free and full liberty to use the said wharf without charge, 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 on being required to do so by the Minister shall exhibit therefrom and maintain at his 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 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 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.

9. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for ten years from the seventh day of June, one thousand nine hundred and fourteen, 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 written consent of the Minister first obtained.

10. 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, or by any person appointed by the Minister for that purpose.

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 hereinbefore set forth, or any of them ;
    (2.) Cease to use or occupy the said wharf for a period of thirty days ;
    (3.) Become bankrupt, or be brought under the operation of any law for the time being in force relating to bankruptcy; or
    (4.) Fail to pay the sum specified in clause 3 of these conditions,—
    then and in either 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 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.

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

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Declaring Road-lines through Land in the Waitahuna No. 2 Settlement, Otago Land District, to be closed.

LIVERPOOL, Governor.

WHEREAS a report has been received from the Surveyor-General, from which it appears that the roads described in the Schedule hereto are unformed and unused, and that the said roads intersect land acquired under the Land for Settlements Act, 1908, and are not suitable to the subdivision of such land :

Now, therefore, I, Arthur William de Brito Savile, Earl of Liverpool, the Governor of the Dominion of New Zealand, in pursuance and exercise of section eighty of the said Act, and of all other powers and authorities in anywise enabling me in this behalf, do by this notice hereby close the roads hereinafter described; and I do hereby declare that the said roads shall thereupon become subject to the said Act.

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SCHEDULE.

WAITAHUNA NO. 2 SETTLEMENT.

In the Otago Land District; as the same are more particularly delineated on the plan marked L. and S. 19470, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon coloured green.

As witness the hand of His Excellency the Governor, this thirtieth day of September, one thousand nine hundred and fifteen.

F. H. D. BELL,
For Minister of Lands.