2866

THE NEW ZEALAND GAZETTE.

[No. 82]

WHEREAS by Order in Council dated the eighteenth day of October, one thousand nine hundred and nine, and published in the New Zealand Gazette No. 87 of the twenty-first day of the same month, the Kauri Timber Company (Limited), of Auckland (hereinafter called “the company”), was licensed to use and occupy a part of the foreshore and land below low-water mark of Whangaparapara Harbour, Great Barrier Island, as shown on plan marked M.D. 3386 (two sheets), and deposited in the office of the Marine Department at Wellington, in order to erect and maintain thereon booms, breastwork, and reclamation, as shown on the plan so deposited as aforesaid, for a term of fourteen years, computed from the eighteenth day of October, one thousand nine hundred and nine:

And whereas the said license having expired, the company has made application for a fresh license under the Harbours Act, 1908 (hereinafter called “the said Act”), for a term of ten years, computed from the eighteenth day of October, one thousand nine hundred and twenty-three, and it is expedient to grant the same for the term and subject to the 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 company 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 company to use and occupy that part of the foreshore, and land below low-water mark immediately contiguous thereto, which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of using the booms, breastwork, and reclamation aforesaid in connection therewith, 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 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 said wharf, as shown on the plan marked M.D. 3386.

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 £7 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 March following to be paid on the company 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 booms, breastwork, and reclamation, and all rights of ingress and egress thereon and therefrom.

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 booms, breastwork, and reclamation without payment.

6. The company shall maintain the above-mentioned booms, breastwork, and reclamation in good order and repair, and shall at all times exhibit therefrom, and maintain at the company'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 booms, breastwork, and reclamation and view the state of repair thereof; and upon such Minister leaving at or posting to the last known registered office of the company in New Zealand a notice in writing of any defect or want of repair in such booms, breastwork, and reclamation, requiring the company, within a reasonable time, to be therein prescribed, to repair the same, the company shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorize the company 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.

9. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for ten years from the 18th day of October, 1923, unless in the meantime such rights, powers, and privileges shall be altered,

duty, shall at all times have free ingress, passage, and egress into, through, and out of the said houseboat without payment.

5. The licensee shall maintain the above-mentioned houseboat in good order and repair, and shall at all times exhibit therefrom, 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.

6. Any person authorized by the Minister may at all reasonable times enter upon the said houseboat 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 houseboat, 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 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 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 houseboat at the licensee's own 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 houseboat 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 houseboat 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 houseboat and all other erections or buildings thereto belonging to be removed, and may recover the cost incurred by any such removal from the licensee.

12. The erection of the houseboat shall be deemed to be acceptance by the licensee of the conditions of this Order in Council.

C. A. JEFFERY,

Acting Clerk of the Executive Council

Licensing the Kauri Timber Company (Limited) to use and occupy a Part of the Foreshore and Land below Low-water Mark of Whangaparapara Harbour, Great Barrier Island, as a Site for Booms, Breastwork, and Reclamation.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 7th day of November, 1923.

Present :

THE HONOURABLE SIR F. H. D. BELL, G.C.M.G., K.C., PRESIDING IN COUNCIL.