Sept. 4.] THE NEW ZEALAND GAZETTE. 2105

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 boat-slip to be removed and the site so
restored, and may recover the costs incurred by the said
removal and restoration from the licensee.

14. The erection of the said boat-slip 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 John Evered Hobbs to use and occupy a Part of the Foreshore and Land below Low-water Mark at Whangaparaoa, as a Site for a Wharf.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 1st day of
September, 1924.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL 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”),
John Evered Hobbs, of Whangaparaoa (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 said Act to use and occupy a part of
the foreshore and land below low-water mark on Whanga-
paraoa, in order to erect and maintain a wharf 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. 5878, sheets 1 and 2),
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 wharf:

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 purposes
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 Execu-
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 fore-
shore and land below low-water mark on which the said
wharf is to be erected, as shown on the plan M.D. 5878 so
deposited as aforesaid, for the purpose of erecting and main-
taining the said wharf; 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

“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:

“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 necessary for the
   erection of the said wharf as shown on the plan marked
   M.D. 5878 (sheet 1), 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 pay to the Minister
   the sum of £2 10s., and thereafter an annual sum of £2 in
   advance, payable on the first day of April in each year, the pro-
   portionate part of such rental in respect of the period from the
   date hereof until the 31st 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 all rights of ingress and egress thereon and there-
   from.

5. His Majesty or the Governor-General, and all persons in
   the Government service acting and in the execution of their
   duties shall at all times have free ingress, passage, and egress
   into, through, over, and out of the said wharf without pay-
   ment.

6. The licensee shall maintain the above-mentioned wharf
   in good order and repair; and shall at all times exhibit there-
   from, 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.

7. Any person authorized by the Minister may, at all
   reasonable times, enter upon the said wharf 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, requiring the licensee, within a reasonable
   time, to be therein prescribed, to repair the wharf, the licensee
   shall with all reasonable 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 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.

9. The ballast of all vessels loading at the said wharf
   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.

10. The rights, powers, and privileges conferred by or
    under this Order in Council shall continue in force for four-
    teen 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.

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 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.

12. The licensee shall be liable for any injury which the
    said wharf 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 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 whatever; 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.

14. 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 wharf 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 wharf to be removed and the site so
    restored, and may recover the costs incurred by the said
    removal and restoration from the licensee.

15. The erection of the said wharf 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.