JULY 2.] THE NEW ZEALAND GAZETTE. 2009

(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thereby granted and conferred, have been revoked and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.

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

13. 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 Alfred Roderick Alison to use and occupy a Part of
the Foreshore at Church Bay, Waiheke Island, as a Site for
a Wharf.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL
At the Government House at Wellington, this 29th day of
June, 1925.

Present:

His Excellency the Governor-General in Council.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Alfred
Roderick Alison, of Auckland who with his executors,
administrators, and assigns is (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 occupy a part of the foreshore at Church
Bay, Waiheke Island, as a site for a wharf, to be built in the
position and in accordance with plan marked M.D. 6023, and
deposited in the office of the Marine Department at Wellington:

And whereas it has been made to appear to the Governor-
General in Council that the 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 desirable 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 conferred upon 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 fore-
shore on which the said wharf is to be erected, as shown on
the plan M.D. 6023, deposited as aforesaid, for the 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—
   "Foreshore" means such part 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.

B

2. The concessions and privileges conferred by this Order
   in Council shall extend and apply only to the part of the
   foreshore occupied by the said wharf, as shown on the plan
   marked M.D. 6023.

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 £5 in
   advance, payable on the 1st 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.

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 wharf without payment.

5. All persons shall, at all reasonable times, and upon pay-
   ment of the proper dues, have free and full liberty to use
   the said wharf and all rights of ingress and egress thereon
   and therefrom.

6. The licensee shall maintain the above-mentioned wharf
   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 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 same, the
   licensee shall with all convenient 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 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 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 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 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.) Become bankrupt, or be in any manner, brought
    under the operation of any law in force for the
    time being relating to bankruptcy; or
    (4.) Fail to pay the sums specified in clause 3 of these con-
    ditions,—
    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 re-
    voked 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