Aug. 12.] THE NEW ZEALAND GAZETTE. 2877

mark adjacent thereto, at Taieri Mouth, on the Taieri River, in order to erect and maintain thereon a jetty; and, in accordance with the one-hundred-and-fiftieth section of the said Act, has deposited in the office of the Marine Department at Wellington a plan (marked M.D. 4470) showing the place where it is proposed to erect such jetty, the area of foreshore and land below low-water mark intended to be occupied for the purpose, and the manner in which it is proposed to erect the said jetty: And whereas it has been made to appear to the Governor in Council that the said 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 licensee, on the terms and conditions set forth in the Schedule hereto:

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 land below low-water mark immediately contiguous thereto, which are particularly shown and delineated on the plans marked M.D. 4470 so deposited as aforesaid, for the purpose of erecting and maintaining such jetty 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.

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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 that part of the foreshore and land below low-water mark necessary for the erection of such jetty, which are shown on the plans marked M.D. 4470, and deposited in the office of the Marine Department at Wellington.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensee shall pay to the Minister the sum of £1 10s., and thereafter the sum of 10s. annually, 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 jetty without payment.

5. All persons shall, at all reasonable times and upon payment of the proper dues, have free and full liberty to use the said jetty, and all rights of ingress and egress thereon and therefrom.

6. The licensee shall maintain the above-mentioned jetty in good order and repair, and shall at all times exhibit and maintain, at her 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 her within a reasonable time, to be therein prescribed, to repair the same, she 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 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 rights, powers, or privileges 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 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 jetty may cause any vessel or boat to sustain through any default or neglect on her part.

12. In case the licensee shall—
    (1.) Commit or suffer a breach of the conditions herein-after set forth, or any of them; or
    (2.) Cease to use or occupy the said jetty for a period of thirty days; or
    (3.) Fail to pay the sums specified in clause 3 of these conditions; or
    (4.) Become bankrupt or be brought under the operation of any law for the time being in force relating to bankruptcy,—
    then and in any of the said cases this Order in Council, and every license, right, power, or privilege thereby conferred, 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 any 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 conferred, have been revoked and determined.

13. The erection of the said jetty 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.

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Making Provision for the Representation of certain Districts on the Tauranga Harbour Board.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House at Wellington, this sixth day of August, 1915.

Present:

His Excellency the Governor in Council.

WHEREAS by section twelve of the Harbours Amendment Act, 1910 (hereinafter referred to as “the said Act”), it is enacted that the creation, merger, union, division, or other alteration of any constituent or combined district shall not in itself have any operation so as to affect the then existing membership of the Board, and that the Governor may from time to time by Order in Council, whenever in his opinion it becomes necessary or expedient so to do, make such provision with respect to the representation of any part of any constituent or combined district as he thinks fit: And whereas by the Tauranga Harbour Act, 1912, it is provided that three members of the Tauranga Harbour Board shall be elected by the electors of the Ridings of Maketu and Te Puke of the County of Tauranga: And whereas by Order in Council of the twenty-third day of February, one thousand nine hundred and fourteen, and published in the New Zealand Gazette of the twenty-sixth day of February, one thousand nine hundred and fourteen, it was declared that on and after the first day of April, one thousand nine hundred and fourteen, the Te Puke Town District should not form part of the County of Tauranga, and it is necessary to make provision for the representation of the said town district on the Tauranga Harbour Board:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the hereinbefore-recited power and authority, 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 order and declare that, in addition to the members of the Tauranga Harbour Board provided by the Tauranga Harbour Act, 1912, there shall be an additional member of the Board, such member to be elected by the electors of the Town District of Te Puke in manner provided by the said Act; and, in further pursuance and exercise of the said power and authority, and with the like advice and consent as aforesaid, His Excellency doth hereby fix Wednesday, the eighth day of September, one thousand nine hundred and fifteen, to be the date for the first election of the said additional member in manner aforesaid.

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