920

THE NEW ZEALAND GAZETTE.

[No. 26

12. The licensee shall be liable for any injury which the
    said wharf and shed 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 shed for a
    period of thirty days ;
    (3.) Fail to pay the sums specified in clause 3 of these con-
    ditions ; 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 proceed-
    ings 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    been revoked and determined ; and upon such revocation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 wharf and shed to be removed,
    and may recover the cost incurred by any such removal from
    the licensee.
14. The erection of the said wharf and 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 Ray Brown to use and occupy a Part of the Foreshore
    and Land below Low-water Mark at Mangawhare, Wairoa
    River, Kaipara Harbour, as a Site for a Jetty.
    JELLICOE, Governor-General.
    ORDER IN COUNCIL.
    At the Government Buildings at Wellington, this 8th day
    of April, 1924.
    Present :
    THE HONOURABLE SIR FRANCIS BELL PRESIDING IN COUNCIL.
    WHEREAS, there being no Harbour Board empowered
    to grant the license hereinafter mentioned under the
    Harbours Act, 1923 (hereinafter called “the said Act”),
    Ray Brown, of Mangawhare (hereinafter called “the
    licensee”), has applied to the Governor-General in Council
    for a license under the said Act to use and occupy a part of
    the foreshore and land below low-water mark at Manga-
    whare, Wairoa River, Kaipara Harbour, in order to erect
    and maintain a jetty thereon; and, in accordance with the
    one-hundred-and-seventy-first section of the said Act, has
    deposited a plan in the office of the Marine Department at
    Wellington (marked M.D. 5816, showing the area of foreshore
    and land below low-water mark intended to be occupied,
    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 plan has, prior to
    the making of this Order in Council, been approved by the
    Governor-General in Council :
    And whereas it is expedient that a license should be granted
    and issued to the licensee under the said Act, for the pur-
    poses 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 foreshore and land below low-water mark
    on which the said jetty is to be erected, as shown on the
    plan M.D. 5816 so deposited as aforesaid, for the purpose
    of erecting and maintaining the said 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.
    l. In these conditions the term “Minister” means the Minis-
    ter 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.
15. 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
    erectio of the said jetty, as shown on the plan marked
    M.D. 5816, and deposited in the office of the Marine Depart-
    ment as aforesaid.
16. 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 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.
17. All persons shall, at all reasonable times, 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 there-
    from.
18. His Majesty or the Governor-General, and all persons 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.
19. 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.
20. 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 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 jetty, requiring the licensee within a reasonable
    time, to be therein prescribed, to repair the jetty, the licensee
    shall with all reasonable speed cause such defect to be removed
    or such repairs to be made.
21. 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 regula-
    tion 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.
22. 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 place as may be approved of by the
    Minister, or by any person appointed by the Minister for that
    purpose.
23. 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.
24. 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.
25. 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.
26. 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 jetty for a period of
    thirty days ;
    (3.) Fail to pay the sums specified in clause 3 of these con-
    ditions ; 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 proceed-
    ings 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