968
THE NEW ZEALAND GAZETTE.
[No. 25
foreshore occupied by the said boat-shed, as shown on plan
marked M.D. 5427, sheet 2.
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, dating from
the date of this Order in Council, 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 boat-shed without payment.
5. The licensee shall maintain the above-mentioned boat-
shed in good order and repair.
6. Any person authorized by the Minister may at all rea-
sonable times enter upon the said boat-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 Zea-
land a notice in writing of any defect or want of repair in such
boat-shed, requiring him, within a reasonable time, to be
therein prescribed, to repair the same, he shall with all con-
venient 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 inconsis-
ent 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 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 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. The licensee shall be liable for any injury which the
said boat-shed may cause any vessel or boat to sustain through
any default or neglect on his part.
II. 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 boat-shed 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 con-
ditions,-
then and in any of the said cases this Order in Council, and
every license, 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 license, rights, and privileges thereby
granted and conferred, have been revoked and determined.
F. D. THOMSON,
Clerk of the Executive Council.
Licensing Graham Goodenough Hayter and Chilton Hayter to use
and occupy a Part of the Foreshore at Port Hardy, D'Urville
Island, as a Site for a Wharf.
JELLICOE, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 20th day
of March, 1922.
Present:
THE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING
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"),
Graham Goodenough Hayter and Chilton Hayter, of Port
Hardy, D'Urville Island (hereinafter called "the licensees"),
have 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 Hardy, D'Urville Island, in order
to erect and maintain a wharf thereon, and, in accordance with
the one-hundred-and-fiftieth section of the said Act, have
deposited a plan in the office of the Marine Department at
Wellington, marked M.D. 5414 (sheets 1 and 2), 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 wharf:
And whereas the Governor-General in Council has approved
of the purpose for which the said foreshore and land below
low-water mark is to be occupied:
And whereas it is expedient that a license should be granted
and issued 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 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 fore-
shore and land below low-water mark on which the wharf
is to be erected, as shown on the plan so deposited as afore-
said, for the purpose of erecting and maintaining the said
wharf, 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
   wharf, as shown on plan marked M.D. 5414 (sheet 1).
3. In consideration of the concessions and privileges granted
   by this Order in Council the licensees shall 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,
   the first of such annual payments to be made on the licensees
   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 wharf without payment.
5. The licensees shall maintain the above-mentioned wharf
   in good order and repair; and shall at all times exhibit
   therefrom, and maintain at their 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 wharf and view the
   state of repair thereof; and upon such Minister leaving at
   or posting to the last known address of the licensees in New
   Zealand a notice in writing of any defect or want of repair
   in such wharf, requiring them, within a reasonable time, to
   be therein prescribed, to repair the same, they shall with all
   convenient speed cause such defect to be removed or such
   repairs to be made.
7. Nothing herein contained shall authorize the licensees
   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 regulation
   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 licensees 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 hereof, unless in the meantime such
   rights, powers, and privileges shall be altered, modified, or
   revoked by competent authority; and the licensees 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 licensees 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 licensees in New
    Zealand.