740
THE NEW ZEALAND GAZETTE.
[No. 17

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. 5799 (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 £1 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 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 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 incon-
   sistent with any law relating to the 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.

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 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 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 deter-
    mined, 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 Oliver Parker, of Ohinewai, to occupy a Part of the
Land below High-water Mark in the Waikato River, for the
Purpose of taking Shingle and Sand.

———

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 17th day of
March, 1924.

Present:

THE HONOURABLE SIR FRANCIS BELL PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Oliver
Parker, of Ohinewai (hereinafter called “the licensee”), has
applied to the Governor-General in Council for a license under
the Harbours Act, 1923 (hereinafter called “the said Act”),
to use and occupy a part of the land below high-water mark
in the Waikato River, for the purpose of taking away the
shingle and sand deposited thereon; and, in accordance with
the provisions of the said Act, has deposited a plan in the
office of the Marine Department, at Wellington (marked M.D.
5813), showing the area of land below high-water mark
intended to be occupied for such purpose:

And whereas it is desirable to grant the license applied for:

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 land below high-
water mark which is particularly shown and delineated
within a red line on the plan so deposited as aforesaid, for the
purpose of taking away the shingle and sand deposited 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 land
   below high-water mark necessary for the purposes herein-
   before mentioned, as shown within a red line in the plan
   marked M.D. 5813, and deposited in the office of the Marine
   Department as aforesaid.

3. In consideration of the concessions and privileges granted
   by this Order in Council, the licensee shall, on being supplied
   with a copy thereof, pay to the Minister the sum of £2 10s.,
   and thereafter shall deposit annually the sum of £10, to be
   applied as hereinafter provided, payable on the 1st day of
   April in each year; provided that in respect of the period
   from the date of this Order in Council until the 31st day of
   March, 1925, the amount to be deposited shall be an amount
   proportionate to the said period at the rate of £10 per annum,
   to be deposited on the licensee being supplied with a copy of
   this Order in Council.

4. The royalty payable by the licensee in consideration of
   the concessions and privileges hereby granted shall be at the
   rate of 6d. per cubic yard on all shingle and 3d. per cubic
   yard on all sand taken. If in any year the licensee fails to
   remove any shingle or sand, the deposit hereinbefore referred
   to shall be appropriated by the Minister as flat rent in respect
   of that year; but if during any year the licensee removes
   any shingle or sand the said deposit shall, in proportion to the
   amount of shingle or sand so removed, be applied as royalty
   at the rate hereinbefore mentioned, but so that the minimum
   amount payable as combined royalty and flat rent in any one
   complete year be £10. All such payments shall be made to
   the Superintendent of Mercantile Marine at Auckland, or such
   other person as the Minister may direct; provided that after
   the 16th day of July, 1926, the Governor-General in Council
   may prescribe the royalty thereafter to be at such a rate as
   he thinks reasonable.

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, and out of the aforesaid land without payment.

6. 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 Har-