2778
THE NEW ZEALAND GAZETTE.
[No. 74

part of such rental in respect of the period from the date
hereof until the 31st day of March following to be paid 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 store without payment.

5. The licensee shall maintain the above-mentioned store
   in good order and repair, and shall at all times exhibit there-
   from, 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 reason-
   able 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 incon-
   sistent with any law relating to the Customs, or any regula-
   tions of the Minister of Customs, or with any provisions of
   the Harbours Act, 1908, or its amendments, or any regula-
   tions 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 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 store 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 herein-
    before set forth, or any of them ;
    (2.) Cease to use or occupy the said store 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
    conditions—
    then and in either 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.

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

Licensing the Westhaven (Limited), of Wellington, to use and
occupy a Part of the Foreshore of Wairoa River, West
Wanganui Inlet, as a Site for a Wharf.

JELLICOE, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 16th day
of October, 1922.

Present :
THE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING
IN COUNCIL.

WHEREAS by Order in Council dated the twenty-fifth
day of August, one thousand nine hundred and
eight, and published in the New Zealand Gazette No. 67, of the
twenty-seventh day of the same month, John Bassett was
licensed to occupy a part of the foreshore and land below
low-water mark of the Wairoa River, West Wanganui Inlet,
as shown on plan marked M.D. 3214, and deposited in the

office of the Marine Department at Wellington, for the purpose
of erecting and maintaining a wharf thereon :

And whereas the said license was, with the written consent
of the Minister of Marine, transferred to Westhaven (Limited),
of Wellington (hereinafter called “the company”):

And whereas the said license expired on the twenty-fifth
day of August, one thousand nine hundred and twenty-two:
And whereas it is desirable that the said license be renewed:

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 Harbours Act,
1908, 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 company to use and occupy that part
of the foreshore and land below low-water mark which is
particularly shown and delineated on the plan marked M.D.
3214 so deposited as aforesaid, for the purpose of maintaining
thereon a wharf, such license to be held and enjoyed by the
company 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 Scamen
   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
   maintenance of such wharf which is shown on the plan
   marked M.D. 3214, and deposited in the office of the Marine
   Department as aforesaid.

3. In consideration of the concessions and privileges granted
   by this Order in Council the company shall, on being supplied
   with a copy thereof, pay to the Minister the sum of £2 10s.,
   and thereafter an annual sum of £2 in advance, payable
   on the 1st day of April in each year, the proportionate
   part of such rental in respect of the period from the 25th day
   of August, 1922, until the 31st day of March following to be
   paid on the company 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 pay-
   ment.

5. All persons shall, at all reasonable times, upon payment
   of the proper dues, have full and free liberty to use the said
   wharf, and all rights of ingress and egress therein and there-
   from.

6. The company shall maintain the above-mentioned wharf
   in good order and repair, and shall at all times exhibit there-
   from, 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 of by the
   Minister.

7. 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 company a notice
   in writing of any defect or want of repair in such wharf,
   requiring the company, within a reasonable time, to be therein
   prescribed, to make good the same, the company shall with
   all convenient speed cause such defect to be removed or such
   repairs to be made, as the case may be.

8. The ballast of all vessels loading at the said wharf shall
   be taken away by the company 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. Nothing herein contained shall authorize the company
   to do or cause to be done anything repugnant to or incon-
   sistent 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.

10. The rights, powers, and privileges conferred by or under
    this Order in Council shall continue in force for fourteen
    years from the 25th day of August, 1922, unless in the mean-
    time such rights, powers, and privileges shall be altered,
    modified, or revoked by competent authority; and the com-
    pany shall not assign, charge, or part with any such right,
    power, or privilege without the written consent of the Minister
    first obtained.

11. 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 company
    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 company.