Nov. 15.] THE NEW ZEALAND GAZETTE. 2805

duty, shall at all times have free ingress, passage, and egress
into, through, and out of the said boat-shed without pay-
ment.

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 the licensee's 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 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 the licensee, within a reasonable
   time to be therein prescribed, to repair the same, the licensee
   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 regu-
   lations 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 with-
   out 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 the licensee's 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 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, 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.

C. A. JEFFERY,
Acting Clerk of the Executive Council.

Licensing Mrs. Matilda Jane Buckland to use and occupy a Part of the Foreshore of Kaipara Harbour as a Site for a Wharf.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 14th day of
November, 1923.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by Orders in Council dated the first day of
September, one thousand eight hundred and eighty-six,
and the fourth day of December, one thousand eight hundred
and ninety-three, and published in the New Zealand Gazette
No. 45, of the second day of September, one thousand eight
hundred and eighty-six, and No. 97 of the fourteenth day
of December, one thousand eight hundred and ninety-three,

Alfred Buckland, of Auckland, was licensed to use and occupy
a part of the foreshore and land below low-water mark in
Kaipara Harbour, as shown on plans marked M.D. 1236, 1237,
1238, and 1899, and deposited in the office of the Marine De-
partment at Wellington, in order to erect and maintain thereon
a wharf as shown on the plans so deposited as aforesaid for a
term of fourteen years computed from the first day of Septem-
ber, one thousand eight hundred and eighty-six: And whereas,
the said license having expired, Mrs. Matilda Jane Buckland
(hereinafter called “the licensee”), has made application for
a fresh license under the Harbours Act, 1908 (hereinafter
called “the said Act”), for a term of fourteen years com-
puted from the date hereof: And whereas it is expedient
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 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 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 fore-
shore, and land below low-water mark adjacent thereto, on
which the said wharf is erected, as shown on the plans so
deposited as aforesaid, for the purpose of maintaining the
said wharf thereon; such license to be held and enjoyed by
the licensee upon and subject to the terms and conditions
set forth in the First Schedule hereto; and doth prescribe
that the dues and rates set forth in the Second Schedule
hereto shall be charged and taken by the licensee for the
use of the said wharf.

FIRST 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 the part of the
   foreshore, and land below low-water mark adjacent thereto,
   necessary for the erection of the wharf, as shown on plans
   marked M.D. 1236, 1237, 1238, and 1899.

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 10s.
   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 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. All persons shall at all reasonable times, upon payment
   of the proper dues, have free and full liberty to use the said
   wharf, and all rights of ingress and egress thereon and there-
   from.

5. 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.

6. The licensee shall maintain the above-mentioned wharf
   in good order and repair, and shall at all times exhibit there-
   from, and maintain at the licensee's 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 licensee in New
   Zealand a notice in writing of any defect or want of repair
   in such wharf, requiring the licensee, within a reasonable
   time, to be therein prescribed, to repair the same, the licensee
   shall with all convenient speed cause such defect to be removed
   or such repairs to be made.

8. 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 Har-
   bours Act, 1908, or its amendments, or any regulations made
   thereunder, and that are now or may hereafter be in force.

9. The ballast of all vessels loading at the said wharf shall
   be taken away by the licensee, 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.