16
THE NEW ZEALAND GAZETTE.
[No. 1

tive 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,
and land below low-water mark adjacent thereto, on which
the wharf and boatsheds are erected, as shown on the plan
so deposited as aforesaid, for the purpose of maintaining the
said wharf and boatsheds 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 the part of the
   foreshore, and land below low-water mark adjacent thereto,
   necessary for the erection of the wharf and boatsheds as
   shown on plan marked M.D. 3415

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 £1 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 boatsheds, 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 wharf and boatsheds
   without payment.

6. The licensee shall maintain the above-mentioned wharf
   and boatsheds 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 lights 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 boatsheds,
   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 and boatsheds, 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 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.

9. The ballast of all vessels loading at the said wharf and
   boatsheds shall be taken away by the licensee and deposited
   above high-water mark, or at such place as may be approved
   by the Minister or by any person appointed by the Minister
   for that purpose.

10. The rights, powers, and privileges conferred by or under
    this Order in Council shall continue to be in force for four-
    teen years from the 18th day of November, 1923, 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 con-
    sent of the Minister first obtained.

11. 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 wharf and boatsheds 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.

12. The licensee shall be liable for any injury which the
    said wharf and boatsheds may cause any vessel or boat to
    sustain through any default or neglect on the licensee’s part.

13. 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 wharf and boatsheds
    for a period of thirty days ;
    (3.) Become bankrupt, or be in any manner brought under
    the operation of any Act 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 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 whatso-
    ever ; 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 deter-
    mined ; and upon such revocation the Minister may cause
    the said wharf and boatsheds to be removed, and may recover
    the cost incurred by any such removal from the licensee.

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

Licensing Messrs. Thomas Hartley and Son to use and occupy
a Part of the Foreshore at Kohukohu, Hokianga River, as a
Site for a Boatshed and Slip.

JELLICOE, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 22nd day
of December, 1923.

Present :

THE HONOURABLE SIR FRANCIS BELL PRESIDING IN COUNCIL.

WHEREAS by Order in Council dated the fifth day
of October, one thousand nine hundred and nine, and
published in the New Zealand Gazette No. 86, of the fourteenth
day of the same month, Thomas Hartley and Thomas Francis
Hartley, trading under the style or title of “Thomas Hartley
and Son,” of Kohukohu (hereinafter called “the licensees”),
were licensed to use and occupy a part of the foreshore and
land below low-water mark at Kohukohu, Hokianga River,
as shown on plan marked M.D. 3382, and deposited in the
office of the Marine Department at Wellington, in order to
erect and maintain thereon a boatshed and slip as shown on
the plan so deposited as aforesaid for a term of fourteen
years computed from the fifth day of September, one thousand
nine hundred and nine : And whereas the said license having
expired, the licensees have made application for a fresh license
under the Harbours Act, 1908 (hereinafter called “the said
Act”), for a term of fourteen years computed from the fifth
day of September, one thousand nine hundred and twenty-
three : And whereas it is expedient that a license should be
granted and issued to the licensees 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 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 fore-
shore, and land below low-water mark adjacent thereto, on
which the boatshed and slip are erected, as shown on the plan
so deposited as aforesaid, for the purpose of maintaining the
said boatshed and slip thereon ; such license to be held and
enjoyed by the licensees 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 the part of the
   foreshore, and land below low-water mark adjacent thereto,
   necessary for the erection of the boatshed and slip, as shown
   on plan marked M.D. 3382 (Sheet 11).

3. In consideration of the concessions and privileges granted
   by this Order in Council, the licensees 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 licensees being supplied with a copy of this
   Order in Council.