2050
THE NEW ZEALAND GAZETTE.
[No. 58

Licensing Thomas Joseph Hayden to use and occupy a Part of the Foreshore of Mangonui Harbour as a Site for a Boat-shed.

JELLICOE, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 16th day of July, 1923.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Thomas Joseph Hayden, of Peria (hereinafter called “the licensee”), has applied to the Governor-General in Council for a license under the Harbours Act (hereinafter called “the said Act”), to occupy a part of the foreshore of Mangonui Harbour as a site for a boat-shed, to be built in the position and in accordance with plan marked M.D. 5683 (sheets 1 and 2), and deposited in the office of the Marine Department at Wellington:

And whereas it has been made to appear to the Governor-General in Council that the work 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 desirable that a license should be granted and issued to the licensee 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 conferred upon 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 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 boat-shed is to be erected, as shown on plan marked M.D. 5683 deposited as aforesaid, for the purpose of maintaining the said structure 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.

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 occupied by the said boat-shed as shown on the plan marked M.D. 5683 (sheet 2).

3. In consideration of the concessions and privileges granted by this Order in Council the licensee shall 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 each year, the proportionate part of such rental in respect of the period from the date hereof until the 31st 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 boat-shed without payment.

5. The licensee shall maintain the above-mentioned boat-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 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 Zealand 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 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 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 written consent of the Minister first obtained.

9. 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 boat-shed, at the licensee’s cost, 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.

11. 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 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, and upon such revocation the Minister may cause the said boat-shed to be removed, and may recover the cost incurred by any such removal from the licensee.

12. The erection of the said boat-shed 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.

Declaring certain Areas in the North Auckland Land District to be Sanctuaries under the Animals Protection and Game Act, 1921–22.

JELLICOE, Governor-General

PURSUANT to the powers vested in me by the Animals Protection and Game Act, 1921–22, I, John Rushworth, Viscount Jellicoe, Governor-General of the Dominion of New Zealand, do hereby declare that the areas described in the Schedule hereto shall be sanctuaries for the purposes of the said Act, and that no imported or native game shall be taken or killed within the said areas except pursuant to an authority granted under section thirty-one or section thirty-two of the said Act; nor shall any person, except under such conditions as may from time to time be prescribed by the Minister, take any dog or firearm into such areas, or discharge any firearm or explosive in such areas, or do anything likely to cause any imported game or native game to leave such areas.

SCHEDULE.

ALL that area in the North Auckland Land District being Lots 141, 191, 184, 185, 186, and 187, those portions of Lots 188 and 189 lying within a distance of forty chains from the nearest point of Lot 141, all of Kawakawa Parish, together with Oropa No. 2b Block.

Also all that area in the North Auckland Land District being Section 1, Block II, Omapere Survey District, and Lots 4, 5, and 6 of Old Land Claim 1 (George Clarke’s Grant).

Also all that area in the North Auckland Land District being Lots 2, 3, 7, 8, 11, and 12, deposited plan 13802 (Northlands Estate, part of Old Land Claim A), situated in Block V, Kawakawa Survey District.

As witness the hand of His Excellency the Governor-General, this 12th day of July, 1923.

WM. DOWNIE STEWART,
For Minister of Internal Affairs.