2120

THE NEW ZEALAND GAZETTE.

[No. 53

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned under the
Harbours Act, 1923 (hereinafter called "the said Act"),
Basil Vernon Rope, Richard Powell Rope, Walter Robert
Rope, and George Cameron, of Dargaville (who, with their
executors, administrators, and assigns, are hereinafter referred
to as "the licensees"), have 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
the Northern Wairoa River, at Tokatoka, Kaipara Harbour,
in order to erect and maintain a wharf thereon; and, in
accordance with the one-hundred-and-seventy-first section
of the said Act, have deposited a plan in the office of the

Marine Department at Wellington (marked M.D. 5990, 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 licensees 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 Executive
Council of the said Dominion, doth hereby approve
of the purpose or object for which the said license is required
by the licensees 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 licensees to use and occupy that part of the foreshore
and land below low-water mark on which the said
wharf is to be erected, as shown on the plan M.D. 5990 so
deposited as aforesaid, for the purpose of erecting and maintaining
the said wharf; such license to be held and enjoyed
by the licensees 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
   erectlon of the said wharf as shown on the plan marked
   M.D. 5990, 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 licensees shall pay to the
   Minister the sum of £2 10s., and thereafter an annual sum of
   £5 in advance, payable on the first day of April in each
   year, the proportionate part of such rental in respect of the
   period from the date hereof until the 31st March following to
   be paid on the licensees 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 therefrom.

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 payment.

6. The licensees shall maintain the above-mentioned wharf
   in good order and repair; and shall at all times exhibit therefrom,
   and maintain at the licensees 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 licensees in New
   Zealand a notice in writing of any defect or want of repair
   in such wharf, requiring the licensees within a reasonable
   time, to be therein prescribed, to repair the wharf, the
   licensees shall with all reasonable speed cause such defect
   to be removed or such repairs to be made.

8. Nothing herein contained shall authorize the licensees
   to do or cause to be done anything repugnant to or inconsistent
   with any law relating to the Customs or any regulation
   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 licensees and deposited above

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 wharves
   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 23rd day of April, 1923, 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 previous written
    consent of the Minister first obtained.

11. The said rights, powers, and privileges may be at any
    time resumed by the Governor-General 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.

12. The licensee shall be liable for any injury which the
    said additions may cause any vessel or boat to sustain through
    any default or neglect on the part of the licensee.

13. 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 additions 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 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.

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 construction of the said additions 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 Basil Vernon Rope, Richard Powell Rope, Walter
Robert Rope, and George Cameron to use and occupy a Part
of the Foreshore and Land below Low-water Mark on the
Northern Wairoa River, at Tokatoka, Kaipara Harbour, as
a Site for a Wharf.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 20th day of
July, 1925.
Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.