MAY 13.] THE NEW ZEALAND GAZETTE. 1281

Licensing the Dargaville Rowing Club to use and occupy a Part of the Foreshore on the Kaihu Creek, Northern Wairoa River, in Kaipara Harbour, as a Site for a Slipway.

CHARLES FERGUSSON, Governor-General.

By his Deputy,

CHARLES PERRIN SKERRETT.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 6th day of May, 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, the Dargaville Rowing Club (who with its successors 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 on the Kaihu Creek, Northern Wairoa River, in Kaipara Harbour, as a site for a slipway, to be built in the position and in accordance with plan marked M.D. 6136 (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 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 on which the said slipway is to be erected, as shown on the plan M.D. 6136, deposited as aforesaid, for the purpose of maintaining the said structures 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 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 occupied by the said slipway as shown on the plan marked M.D. 6136 (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 £1, in advance, payable on the 1st day of April each year, the proportionate part of such rental in respect of the period from the date hereof until the 31st 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 slipway without payment.

5. The licensee shall maintain the above-mentioned slipway 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.

6. Any person authorized by the Minister may at all reasonable times enter upon the said slipway 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 slipway, 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.

7. Nothing herein contained shall authorize the licensee to do or cause to be done anything repugnant to or inconsistent 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.

8. 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.

9. 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 slipway 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.

10. The licensee shall be liable for any injury which the said slipway may cause any vessel or boat to sustain through any default or neglect on the licensee’s part.

11. 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 slipway 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 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 slipway 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 fail so to do, the Minister may cause the said slipway 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 slipway 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.

Variation of an Order in Council prohibiting Alienation of certain Native land.

CHARLES FERGUSSON, Governor-General.

By his Deputy,

CHARLES PERRIN SKERRETT.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 6th day of May, 1926

Present:

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

WHEREAS by section one hundred and thirty-two of the Native Land Act, 1909, it is enacted that any Order in Council made thereunder may be at any time varied or revoked:

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance and exercise of the power and authority hereinbefore mentioned, and acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby vary an Order in Council