2120
THE NEW ZEALAND GAZETTE.
[No. 88

all other powers and authorities enabling him in that behalf,
and acting by and with the advice and consent of the Ex-
eutive 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 plans marked M.D. 1470 and 1471.

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 £2 in advance, dating from the 18th December, 1916,
   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 shall at all times exhibit there-
   from 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 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 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.

10. The rights, powers, and privileges conferred by or under
    this Order in Council shall continue to be in force for fourteen
    years from the 18th December, 1916, 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.

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.

13. 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.) 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 sums 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.

Licensing Frederick Waller and Edward Glenivet Elliott to use
and occupy a Part of the Foreshore and Land below Low-
water Mark at East Tamaki, Auckland Harbour, as a Site
for a Wharf.

LIVERPOOL, Governor.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this fourteenth
day of May, 1917.

Present:
THE HONOURABLE SIR JAMES ALLEN, K.C.B., PRESIDING
IN COUNCIL.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Frederick
Waller and Edward Glenivet Elliott, of Auckland (hereinafter
called “the licensees”), have 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 East Tamaki, Auckland
Harbour, in order to erect thereon a wharf in accordance
with plan marked M.D. 4761, and deposited in the office of
the Marine Department at Wellington:

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 it is desirable that a license should
be granted and issued to the licensees under the said Act for
the purposes aforesaid:

Now, therefore, His Excellency the Governor of the Do-
minion of New Zealand, in pursuance and exercise of the
power and authority conferred upon 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 licensees 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 licensees to use and occupy
that part of the foreshore and land below low-water mark
on which the said wharf is to be erected, as shown on plan
marked M.D. 4761 so deposited as aforesaid, for the purpose
of maintaining the said structure thereon; such license to be
held and enjoyed by the licensees 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. 4761.

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 £2 10s., and thereafter an annual sum of £1, in
   advance, dating from the date of this Order in Council, the
   first of such annual payments to be made on the licensees
   being supplied with a copy of this Order in Council.

4. All persons shall at all reasonable times, 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.