Nov. 20.] THE NEW ZEALAND GAZETTE. 3523

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-General in Council :

And whereas it is expedient that a license should be granted
and issued to the Council under the said Act, for the purpose
aforesaid, on the terms and conditions hereinafter expressed :

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 object for which the said license is required by the
Council 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
Council 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 M.D. 5088 so deposited as aforesaid, for
the purpose of erecting and maintaining the said wharf in
accordance with the said plan ; such license to be held and
enjoyed by the Council 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, and land below low-water mark adjacent thereto,
   necessary for the erection of the said wharf, as shown on the
   plan marked M.D. 5088.

3. 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 there-
   from.

4. His Majesty or the Governor-General, 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.

5. The Council shall maintain the above-mentioned wharf
   in good order and repair ; and shall at all times exhibit
   therefrom, 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 approved by the Minister.

6. 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 Council in New Zea-
   land a notice in writing of any defect or want of repair in
   such wharf, requiring it, within a reasonable time, to be there-
   in 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 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.

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 of 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-General, 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 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-General in Council without any
notice to the Council or other proceedings whatsoever ; and
publication in the New Zealand Gazette of an Order in Council
containing 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 deter-
mined.

13. The erection of the said wharf shall be sufficient
    evidence of the acceptance by the Council of the terms and
    conditions of this Order in Council.

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

———

Licensing Mijo Vujcich to occupy a Portion of the Land between High- and Low-water Marks in the Tapuwae River, Hokianga Harbour, and to reclaim such Land.

———

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 it is enacted by section thirty-nine of the
Harbours Amendment Act, 1910 (hereinafter called
“the said Act”), that in the case of lands between high-
and low-water marks which belong to the Crown, and on
which at high-water spring tides the depth of water is not
sufficient for purposes of navigation, the Governor-General
in Council may grant occupation licenses for periods not
exceeding twenty-one years, at such rent and on such condi-
tions as he thinks fit, and any such lease may contain a pro-
vision authorizing the lessee to reclaim the land the subject
of the lease without complying with the requirements of
section forty-one of the said Act :

And whereas it is desirable to license Mijo Vujcich (here-
inafter called “the licensee”) to occupy a part of the land
between high- and low-water marks, belonging to the Crown,
in the Tapuwae River, Hokianga Harbour, on which at high-
water spring tides the depth of water is not sufficient for
the purposes of navigation :

Now, therefore, His Excellency the Governor-General of
the Dominion of New Zealand, in pursuance and exercise of
the hereinbefore-recited power and authority, and acting by
and with the advice and consent of the Executive Council
of the said Dominion, doth hereby license the licensee to
occupy the piece of land between high- and low-water marks
of spring tides in the Tapuwae River, Hokianga Harbour,
containing fifty acres, more or less, as shown edged red on
plan marked M.D. 5077, and deposited in the office of the
Marine Department at Wellington ; and doth also authorize
the licensee to reclaim the land subject to the following
conditions.

———

CONDITIONS.

1. THE licensee shall pay to the Marine Department a rental,
   in advance each year, of 1s. per acre per annum for the first
   ten years, and 2s. 6d. per acre per annum for the last eleven
   years, of the period of twenty-one years during which this
   license is in force, the first of such annual payments to be
   made on the licensee being supplied with a copy of this
   Order in Council.

2. The licensee shall keep any stop-banks which he may
   construct for the purpose of reclaiming the land included in
   this license in good order and condition, and shall provide
   and maintain all necessary outlets for storm-water.

3. The licensee shall keep the land included in this license
   free from noxious weeds.

4. The licensee shall not assign, charge, or part with any
   right, power, or privilege granted by this license without
   the previous written consent of the Minister of Marine.

5. The rights, powers, and privileges conferred by this
   Order in Council shall continue in force for twenty-one years
   from the date hereof, unless in the meantime such rights,
   powers, or privileges shall be altered, modified, or revoked
   by competent authority.

6. If the licensee commits or suffers a breach of any of
   the conditions of this license, the license may be revoked
   and determined by the Governor-General in Council ; and
   publication of a notice of such revocation in the New Zealand
   Gazette shall be sufficient notice thereof to the licensee, and
   to all persons concerned or interested in this license, that it
   has been revoked and determined.

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