1772
THE NEW ZEALAND GAZETTE.
[No. 51

Licensing Harold Stanley Anderson to use and occupy a Part
of the Foreshore and Land below Low-water Mark on the
Tangowahine Creek, Kaipara Harbour, as a Site for a
Timber-boom.

JELLICOE, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 28th day of
July, 1924.

Present:

His Excellency the Governor-General in Council.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Harold
Stanley Anderson, of Dargaville (who with his executors,
administrators, and assigns, is hereinafter referred to as “the
licensee”), 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 on the Tangowahine Creek, Kaipara
Harbour, as a site for a timber-boom, 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 Depart-
ment at Wellington (marked M.D. 5852), showing the place
where it is intended to construct such timber-boom, the area
of foreshore and land below low-water mark intended to be
occupied for such purpose, and the manner in which it is
proposed to carry out the work:

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 under the said
Act, for the purpose aforesaid, should be granted and issued
to the licensee 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 which is
particularly shown and delineated on the plan so deposited
as aforesaid, for the purpose of maintaining thereon a timber-
boom constructed in accordance with the said plan, 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:
   “Foreshore” means such parts of the bed, shore, or banks
   of a tidal water as are covered and uncovered by the
   flow and ebb of the tide at ordinary spring tides:
   “Low-water mark” means low-water mark at ordinary
   spring tides.

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 necessary for the
   construction of the timber-boom, as shown on plan M.D. 5852.

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 an annual sum of £5 in advance, payable on
   the 1st day of April in each year, the proportionate part of
   such annual 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. The rights, powers, and privileges conferred by this
   Order in Council shall continue in force for three 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 with-
   out the previous written consent of the Minister first obtained.

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 timber-boom without
   payment.

6. 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 timber-boom at 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.

7. The licensee shall maintain the above-mentioned timber-
   boom in good order and repair, and shall at all times exhibit
   therefrom, and maintain at the licensee’s own cost, any lights
   that may be required by the Minister; provided that no light
   shall be exhibited until after it has been approved of by the
   Minister.

8. The licensee shall keep the boom and the waterway
   of the river clear of all debris produced by the licensee’s
   workings.

9. The licensee shall make provision for the safe and
   expeditious passage of vessels and boats through the said
   timber-boom.

10. Any person authorized by the Minister may at all
    reasonable times enter upon the said timber-boom 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 timber-boom, 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.

11. The licensee shall be liable for any injury which may
    be sustained by any vessel or boat in passing the timber-
    boom, or by contact therewith, and which may be occasioned
    by any default or neglect on the licensee’s part.

12. 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 timber-boom 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 right, power, or privilege, may be revoked and
    determined by the Governor-General in Council without any
    notice to the licensee or other proceedings 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 rights and privileges thereby
    conferred, have been revoked and determined.

13. In the event of this Order in Council being revoked
    for any reason whatsoever, or upon the expiry of the period
    for which the license is granted, the licensee shall, if
    required by the Minister so to do, remove the said timber-
    boom entirely from the site and restore the site to its
    original condition within three months from the date of
    revocation or expiry, as the case may be; and, if the
    licensee fails so to do, the Minister may cause the said
    timber-boom to be removed and the site so restored, and may
    recover the costs incurred by the said removal and restora-
    tion from the licensee.

14. The construction of the timber-boom shall be deemed
    to be an acceptance by the licensee of the conditions of this
    Order in Council.

F. D. THOMSON,
Clerk of the Executive Council.

Prescribing the Rate of Interest that may be paid by the Ash-
burton Borough Council in respect of a Loan of £6,500, being
a Portion of a Loan of £7,000, authorized to be raised for the
Purpose of extending the High-pressure Water-supply to the
Hampstead Area.

JELLICOE, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 28th day of
July, 1924.

Present:

His Excellency the Governor-General in Council.

WHEREAS by section eleven of the Finance Act, 1921,
and its amendments, it is provided that, notwith-
standing anything to the contrary in any Act or in any rule