1036
THE NEW ZEALAND GAZETTE.
[No. 29

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 buildings, requiring him within a reasonable time, to be therein prescribed, to make good the same, he shall with all convenient speed cause such defect to be removed or such repairs to be made, as the case may be.

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 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 rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years from the 28th day of March, 1922, 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. The licensee shall be liable for any injury which the said buildings may cause any vessel or boat to sustain through any default or neglect on his part.

11. In case the licensee shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
    (2.) Fail to pay the sums specified in clause three of these conditions;
    (3.) Cease to use or occupy the said buildings for the purposes aforesaid; or
    (4.) Become bankrupt, or be in any manner brought under the operation of any Act for the time being in force relating to bankruptcy,
    then and in either of the said cases this Order in Council, and every license, right, power, or privilege thereby conferred, 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 Messrs. Medland Brothers to use and occupy Part of the Foreshore at Tryphena Harbour, Great Barrier Island, as a Site for a Jetty and Boat-shed.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 10th day of April, 1922.

Present:

His Excellency the Governor-General in Council.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, John Thomas Medland and Samuel Medland, of Tryphena, Great Barrier Island (hereinafter called “the licensees”), have applied to the Governor-General in Council for a license under the Harbours Act, 1908 (hereinafter called “the said Act”), to occupy a part of the foreshore and land below low-water mark at Tryphena Harbour, Great Barrier Island, in order to erect and maintain a jetty and boat-shed thereon; and, in accordance with the one-hundred-and-fifteenth section of the said Act, have deposited a plan in the office of the Marine Department at Wellington, marked M.D. 5419 (three sheets), 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 and boat-shed 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 licensees 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 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 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 and boat-shed thereon, such license to be held and enjoyed by the licensees 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 and boat-shed as shown on plan M.D. 5419.

3. In consideration of the concessions and privileges granted by this Order in Council the licensees 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 licensees 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 licensees may be required to remove the jetty and boat-shed at their own cost, without payment of any compensation whatever, on giving to the licensees 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 licensees in New Zealand.

6. The licensees shall maintain the above-mentioned jetty and boat-shed 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.

7. Any person authorized by the Minister may at all reasonable times enter upon the said jetty and boat-shed and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the licensees a notice in writing of any defect or want of repair in such jetty, 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.

8. The licensees shall be liable for any injury which may be sustained by any vessel or boat in passing the jetty and boat-shed, or by contact therewith, and which may be occasioned by any default or neglect on their part.

9. In case the licensees 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 and boat-shed 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 any of the said cases this Order in Council, and every right, power, and privilege, may be revoked and determined by the Governor-General in Council, without any notice to the licensees 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 licensees, 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 jetty and boat-shed to be removed, and may recover the costs incurred by any such removal from the licensees.

10. The construction of the jetty shall be deemed to be an acceptance by the licensees of the conditions of this Order in Council.

F. D. THOMSON,
Clerk of the Executive Council.