JUNE 12.] THE NEW ZEALAND GAZETTE. 1791

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 on which the said store is to be erected, as shown on the plan M.D. 5049 so deposited as aforesaid, for the purpose of erecting and maintaining the said store, 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 necessary for the erection of the said store, as shown on the plan marked M.D. 5049.

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 £2 10s., payable 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-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, over, and out of the said store without payment.

5. The licensee shall maintain the above-mentioned store in good order and repair.

6. Any person authorized by the Minister may, at all reasonable times, enter upon the said store 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 store, 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.

7. 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 any regulations 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 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 privilege without the previous written consent of the Minister first obtained.

9. 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 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 in New Zealand.

10. 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 store 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 in force for the time being relating to bankruptcy,—
    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 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 licensee, rights, and privileges thereby granted and conferred, have been revoked and determined.

11. The erection of the said store shall be sufficient evidence of the acceptance by the licensee of the terms and conditions of this Order in Council.

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

Licensing Joseph Fell to use and occupy a Part of the Foreshore at Kohukohu, Hokianga Harbour, as a Site for a Boatslip and Shed.

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LIVERPOOL, Governor-General.

By his Deputy,
ROBERT STOUT.

ORDER IN COUNCIL.

At the Government House at Wellington, this tenth day of June, 1919.

Present:

His Excellency the Governor-General in Council.

WHEREAS by Order in Council dated the twenty-ninth day of April, one thousand nine hundred and five, and published in the New Zealand Gazette No. 41, of the fourth day of the following month, Joseph Fell, of Kohukohu (hereinafter called “the licensee”), was licensed to occupy a part of the foreshore at Kohukohu, in Hokianga Harbour, as shown on plan marked M.D. 2843, and deposited in the office of the Marine Department at Wellington, as a site for a boatslip and shed:

And whereas by Order in Council dated the seventeenth day of January, one thousand nine hundred and ten, and published in the New Zealand Gazette No. 15, of the seventeenth day of the following month, the licensee was granted a license to occupy a further portion of the said foreshore, as shown on plan marked M.D. 3457, and deposited in the office of the Marine Department at Wellington, as a site for the extension of the shed hereinbefore mentioned:

And whereas the said licenses having expired on the twenty-ninth day of April, one thousand nine hundred and nineteen, the licensee has applied for a further license, under the Harbours Act, 1908 (hereinafter called “the said Act”), to occupy those parts of the foreshore hereinbefore described, for the purpose of maintaining the said boatslip and shed as extended, for a period of fourteen years computed from the date of expiry of the said licenses, and it is advisable to grant the same, subject to 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 license and permit the licensee to use and occupy those parts of the foreshore on which the said boatslip and shed are constructed, as shown on the said plans marked M.D. 2843 and 3457, for the purpose of maintaining the said structures 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 those parts of the foreshore necessary for the said boatslip and shed, as shown on plans marked M.D. 2843 and 3457.

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 £5 10s., in advance, payable on the 1st day of May in each year, 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-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 boatslip and shed without payment.

5. The licensee shall maintain the above-mentioned boatslip and shed 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.

6. Any person authorized by the Minister may, at all reasonable times, enter upon the said boatslip and shed 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 boatslip or shed, requiring him, within a reasonable time to be therein prescribed, to repair the same, he shall