FEB. 28.] THE NEW ZEALAND GAZETTE. 593

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or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined, and upon such revocation the Minister may cause the said boat-shed to be removed, and may recover the cost incurred by any such removal from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.
    F. D. THOMSON,
    Clerk of the Executive Council
    Licensing Peter Hohua MacDonald to occupy a Part of the Foreshore and Land below Low-water Mark in Endeavour Inlet, as a Site for a Jetty.
    JELLICOE, Governor-General ORDER IN COUNCIL.
    At the Government Buildings at Wellington, this 18th day of February, 1924.
    Present:
    THE HONOURABLE SIR FRANCIS BELL PRESIDING IN COUNCIL.
    WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Peter Hohua MacDonald (hereinafter called "the licensee"), of Endeavour Inlet, has applied to the Governor-General in Council for a license under the Harbours Act, 1923 (hereinafter called "the said Act"), to occupy a part of the foreshore and land below low-water mark in Endeavour Inlet, in order to erect and maintain thereon a jetty; and, in accordance with the one-hundred-and-seventy-first section of the said Act, has deposited plans in the office of the Marine Department at Wellington (marked M.D. 5800, sheets 1 and 2) showing the place where it is intended to erect such jetty, the area of foreshore and land below low-water mark to be occupied for such purpose, and the manner in which it is proposed to erect the said jetty: And whereas it has been made to appear to the Governor-General in Council that the proposed work will not be or tend to the injury of navigation; and the said plans have, prior to the making of this Order in Council, been approved by the Governor-General in Council, without modification or addition: And whereas it is expedient that a license under the said Act, for the purpose aforesaid, should be granted and issued to the licensee, on the terms and conditions set forth in the Schedule hereto :
    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 foreshore and land below low-water mark which are particularly shown and delineated on the plans marked M.D. 5800 so deposited as aforesaid, for the purpose of constructing or erecting thereon a jetty, 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.
13. 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.
14. 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 necessary for the erection of such jetty which are shown on the plans marked
    M.D. 5800 (sheet 2), and deposited in the office of the Marine Department as aforesaid.
15. 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 first 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.
16. 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 jetty without payment.
17. All persons shall at all reasonable times, and upon payment of the proper dues, have free and full liberty to use the said jetty, and all rights of ingress and egress thereon and therefrom.
18. The licensee shall maintain the above-mentioned jetty 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.
19. Any person authorized by the Minister may, at all reasonable times, enter upon the said jetty and view the state of repair thereof; and upon the 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 jetty, requiring the licensee, within a reasonable time, to be therein prescribed, to make good the same, the licensee shall with all convenient speed cause such defect to be removed or such repairs to be made, as the case may be.
20. 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 regulation of the Minister of Customs, or with any provisions of the Harbours Act, 1923, or its amendments, or any regulations made thereunder, and that are now or may hereafter be in force.
21. The ballast of all vessels loading at the said jetty shall be taken away by the licensee and deposited above high-water mark, or at such places as may be approved of by the Minister or by any person appointed by the Minister for that purpose.
22. The rights, powers, and privileges conferred by or under this Order in Council shall continue 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.
23. 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 jetty 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.
24. The licensee shall be liable for any injury which the said jetty may cause any vessel or boat to sustain through any default or neglect on the licensee's part.
25. 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 jetty for a period of thirty days;
    (3.) Fail to pay the sums specified in clause 3 of these conditions; or
    (4.) Become bankrupt, or be brought under the operation of any law for the time being in force relating to bankruptcy,--
    then and in any of the said cases this Order in Council, and every license, 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 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 and 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 jetty to be removed, and may recover the cost incurred by any such removal from the licensee.
26. The erection of the said jetty 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