722
THE NEW ZEALAND GAZETTE.
[No. 17

notice to the licensees 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 licensees, and to all persons concerned or interested,
that this Order in Council, and the license, rights, and privi-
leges thereby granted and conferred, have been revoked and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 licensees shall, if required
    by the Minister so to do, remove the said hopper and break-
    water 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 licensees fail so to
    do, the Minister may cause the said hopper and breakwater to
    be removed and the site so restored, and may recover the costs
    incurred by the said removal and restoration from the
    licensees.

15. The erection of the said hopper and breakwater shall be
    sufficient evidence of the acceptance by the licensees of the
    terms and conditions of this Order in Council.

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

Licensing James Shegadeen to use and occupy a Part of the
Foreshore on the Oruawharo Stream, in Kaipara Harbour,
as a Site for a Jetty.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 15th day
of March, 1926.

Present:

THE RIGHT HONOURABLE J. G. COATES, P.C., PRESIDING IN
COUNCIL.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, James
Shegadeen, who with his executors, administrators, and as-
signs 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 on the Oruawharo Stream,
in Kaipara Harbour, as a site for a jetty, to be built in the
position and in accordance with plan marked M.D. 6140
(sheets 1 and 2), 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 purpose
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 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 on which the said jetty is to be erected, as shown on
the plan M.D. 6140, 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.

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 jetty, as shown on the plan
   marked M.D. 6140 (sheet 1).

3. In consideration of the concessions and privileges granted
   by this Order in Council, the licensee shall pay to the Minister
   the sum of £1, and thereafter an annual sum of 10s., 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 jetty 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 jetty and all rights of ingress and egress thereon
   and therefrom.

6. 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 by the Minister.

7. 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 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 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.

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 jetty 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 jetty 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 jetty 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 jetty 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 jetty to be removed and the site so re-
    stored, and may recover the costs incurred by the said
    removal and restoration from the licensee.

15. The erection of the said jetty 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.