3522
THE NEW ZEALAND GAZETTE.
[No. 135

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance and exercise of the powers conferred by the above-in-part-recited Acts, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby approve of the said resolution to the extent hereinbefore mentioned, subject to the condition that no building or part of a building shall be erected at any time on the north-eastern and north-western sides of the said portions of roads within a distance of thirty-three feet of the centre-line of the said roads.

SCHEDULE.

ALL that portion of the north-eastern side of Wingatui Road, situated in the Otago Land District, Taieri County, adjoining Sections 6 and part 12, Block I, East Taieri District.

Also all that portion of the north-western side of Gladstone Road, situated in the said land district and county, adjoining Section 6, Block I, East Taieri District.

As the said portions of roads are more particularly delineated on the plan marked P.W.D. 46565, deposited in the office of the Minister of Public Works at Wellington, in the Wellington Land District, and thereon coloured red.

F. W. FURBY,
Acting Clerk of the Executive Council.

Licensing Carl Schrader to use and occupy a Part of the Foreshore of the Mangamuka River, Hokianga Harbour, as a Site for Booms.

LIVERPOOL, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this seventeenth day of November, 1919.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by Order in Council dated the fifth day of November, one thousand nine hundred and three, and published in the New Zealand Gazette No. 86, of the twelfth day of the same month, Carl Schrader, of Kohukohu, Hokianga (hereinafter called “the licensee”), was licensed under the Harbours Amendment Act, 1883, to occupy a part of the foreshore on the Mangamuka River, Hokianga Harbour, in the Provincial District of Auckland, in order to erect and maintain thereon booms, as shown on the plans marked M.D. 2608 (two sheets), and deposited in the office of the Marine Department at Wellington, for a period of fourteen years from the fifth day of November, one thousand nine hundred and three:

And whereas, the said license having expired, the licensee has applied to the Governor-General in Council for a renewal of the license under the Harbours Act, 1908 (hereinafter called “the said Act”), for a further period, and it is desirable to grant the same subject to the terms and conditions and for the period hereinafter set forth:

Now, therefore, His Excellency the Governor-General 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 which is particularly shown and delineated on the plans so deposited as aforesaid for the purpose of maintaining the said booms 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.

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 on the Mangamuka River, in Hokianga Harbour, shown on the said plans marked M.D. 2608.

3. In consideration of the concessions and privileges granted by this Order in Council the licensee shall, on being supplied with a copy thereof, pay to the Minister the sum of £2 10s., and thereafter an annual sum of £4, such annual payments to date from the 5th day of November, 1917, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

4. The rights, powers, and privileges conferred by this Order in Council shall continue in force for three years computed from the 5th day of November, 1917, 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 previous written consent of the Minister first obtained.

5. The said rights, powers, and privileges may be at any time resumed by the Governor-General, and the licensee may be required to remove the booms at his own cost, without payment of any compensation whatever, on giving to the licensee one month’s 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. Provided that in any case the licensee shall remove all logs in the booms and the booms themselves to the satisfaction of the Harbourmaster at Hokianga before the expiration of this license.

6. The licensee shall maintain the above-mentioned booms in good order and repair, and shall at all times 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 booms and view the state of repair thereof; and upon such 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 booms, 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. The licensee shall be liable for any injury which may be sustained by any vessel or boat in passing the booms, or by contact with them, and which may be occasioned by any default or neglect on his part.

9. 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 booms for a period of thirty days;
   (3.) Fail to pay the sums specified in clause 3 of these conditions; or
   (4.) Become bankrupt, or be in any manner 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 right, power, or privilege, may be revoked and determined by the Governor-General 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 rights and privileges thereby conferred, have been revoked and determined; and upon such revocation the Minister may cause the said booms to be removed, and may recover the cost incurred by any such removal from the licensee.

F. W. FURBY,
Acting Clerk of the Executive Council.

Licensing the Coromandel County Council to use and occupy a Part of the Foreshore and Land below Low-water Mark at Port Charles, Coromandel, as a Site for a Wharf.

LIVERPOOL, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this seventeenth day of November, 1919.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL 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”), the Coromandel County Council (hereinafter called “the Council”) has applied to the Governor-General in Council for a license under the said Act to occupy a part of the foreshore and land below low-water mark at Port Charles, Coromandel, in order to erect and maintain a wharf thereon; and, in accordance with the one-hundred-and-fiftieth section of the said Act, has deposited a plan (two sheets) in the office of the Marine Department at Wellington (marked M.D. 5088), showing the area of foreshore and land below low-water mark intended to be occupied, and the manner in which it is proposed to erect the said wharf:

And whereas it has been made to appear to the Governor-General in Council that the proposed work will not be or