2960

THE NEW ZEALAND GAZETTE.

[No. 103

Licensing John Raymond Morris to occupy a Portion of the Land between High- and Low-water Marks at Opua, Bay of Islands, and to reclaim such Land.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 12th day of December, 1921.

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 conditions as he thinks fit, and any such lease may contain a provision 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 John Raymond Morris (hereinafter called "the licensee") to occupy a part of the land between high- and low-water marks, belonging to the Crown, at Opua, Bay of Islands, 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 at Opua, Bay of Islands, containing fourteen and one-half acres, more or less, as shown shaded black on plan marked M.D. 5379, 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. 6d. 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. D. THOMSON,

Clerk of the Executive Council.

Licensing Louisa Ann Bigwood to use and occupy Part of the Foreshore at Taieri Mouth as a Site for a Jetty.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 12th day of December, 1921.

Present:

His Excellency the Governor-General in Council.

WHEREAS there being no Harbour Board empowered to grant the license hereinafter mentioned, Louisa Ann Bigwood, of Dovedale, Taieri Mouth (hereinafter called "the licensee"), has applied to the Governor-General in Council for a license under the Harbours Act, 1908 (herein-

after called "the said Act"), to occupy a part of the foreshore and land below low-water mark at Taieri Mouth, fronting the Township of Hull, in order to erect and maintain a jetty thereon; and, in accordance with the one-hundred-and-fiftieth section of the said Act, has deposited a plan in the office of the Marine Department at Wellington (marked M.D. 5399), showing the place where it is intended to erect such jetty, and the area of foreshore and land below low-water mark intended to be occupied for such purpose:

And whereas it has been made to appear to the Governor-General in Council that the proposed jetty will not be or 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 under the said Act for the purpose aforesaid should be granted and issued to the licensee 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 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 which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of constructing or erecting a jetty thereon, such license to be held and enjoyed by the licensee upon and subject to the following terms and conditions.

CONDITIONS.

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 necessary for the erection of the jetty; as shown on plan M.D. 5399.

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 £1 in advance, such annual payments to date from the date hereof.

4. The rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years computed from the date of this Order in Council, 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 jetty at her own cost, without payment of any compensation whatever, or giving to the licensee three 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.

6. The licensee shall maintain the above-mentioned jetty in good order and repair, and shall at all times exhibit therefrom, and maintain at her 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 jetty 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 jetty, requiring her, within a reasonable time, to be therein prescribed, to repair the same, she 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 jetty, or by contact therewith, and which may be occasioned by any default or neglect on her 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 jetty for a period of thirty days:

(3.) Fail to pay the sums specified in clause 3 of these conditions; or