784
THE NEW ZEALAND GAZETTE.
No. 32

shall at all times have free ingress, passage, and egress into,
through, and out of the said wharf and shed without payment.
5. The Council shall maintain the above-mentioned wharf
and shed in good order and repair, and shall at all times
exhibit from the wharf, 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 ap-
proved of by the Minister.
6. Any person authorized by the Minister may at all reason-
able times enter upon the said wharf and shed and view the
state of repair thereof; and upon such Minister leaving at
or posting to the last known address of the Council in New
Zealand a notice in writing of any defect or want of repair
in such wharf or shed, requiring it within a reasonable time,
to be therein prescribed, to repair the same, it shall with all
convenient speed cause such defect to be removed or such
repairs to be made.
7. Nothing herein contained shall authorize the Council
to do or cause to be done anything repugnant to or incon-
sistent 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 regula-
tions made thereunder, and that are now or may hereafter
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 by the
Minister, or by any person appointed by the Minister 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 thereof, 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 delivered 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 its 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 and shed 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 proceedings whatever; and publica-
tion in the New Zealand Gazette of an Order in Council con-
taining 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.
13. The erection of the said wharf or shed shall be suffi-
cient 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 Kenneth Stewart to use and occupy a Part of the
Foreshore and Land below Low-water Mark of Wairoa
River, Tangowahine, Kaipara, as a Site for a Wharf.

LIVERPOOL, Governor.
ORDER IN COUNCIL.

At the Government Buildings at Wellington; this seventh
day of March, 1916.

Present:
THE RIGHT HONOURABLE W. F. MASSEY, P.C., 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”),
Kenneth Stewart, of Hoanga (hereinafter called “the
licensee”), has applied to the Governor in Council for a
license under the said Act to use and occupy a part of the
foreshore and land below low-water mark of the Wairoa
River at Tangowahine, as shown on plan marked M.D. 4544,
and deposited in the office of the Marine Department at
Wellington, in order to maintain a wharf thereon: 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 marked M.D. 4544
has prior to the making of this Order in Council been
approved of by the Governor in Council: And whereas it is
desirable that a license under the said Act, for the purpose
aforesaid, should be granted and issued to the licensee for the
term and subject to the conditions hereinafter expressed:
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 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 adjacent thereto
necessary for the maintenance of the said 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 that part of the
   foreshore and land below low-water mark occupied by the
   said wharf, as shown on plan marked M.D. 4544.
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. All persons shall, at all reasonable times and upon
   payment 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 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 it, within a reasonable time, to be
   therein prescribed, to repair the same, he shall with all con-
   venient 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 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.
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 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 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 de-
    livered 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.