2160
THE NEW ZEALAND GAZETTE.
[No. 49

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.

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

Licensing Messrs. J. Stopher and Sons to use and occupy a
Part of the Foreshore at Jock’s Point, on the Wairoa River,
Kaipara Harbour, as a Site for a Wharf.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 19th day of
July, 1926.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by Order in Council dated the ninth day of
July, one thousand nine hundred and twelve, and
published in the New Zealand Gazette No. 63, of the eighteenth
day of the same month, Ellery William Toogood was licensed
to use and occupy a part of the foreshore and land below
low-water mark at Jock’s Point, on the Wairoa River, Kai-
para Harbour, as shown on plan marked M.D. 3884, deposited
in the office of the Marine Department at Wellington, in order
to erect and maintain a wharf thereon, to be erected in
accordance with plan M.D. 3884, deposited as aforesaid, for
the term of fourteen years, computed from the ninth day of
July, one thousand nine hundred and twelve, on the terms
and conditions therein expressed :

And whereas the said license has been, with the consent
of the Minister of Marine, transferred in turn to Herbert
Pratt, and then to Joseph Stopher, John Joseph Stopher,
and Francis Stopher, of Dargaville (trading under the style
or title of “ J. Stopher and Sons ”), who with their executors,
administrators, and assigns are hereinafter referred to as “ the
licensees ” :

And whereas the licensees have applied for a fresh license
under the Harbours Act, 1923 (hereinafter called “ the said
Act ”), for a further term of fourteen years, and it is advis-
able to grant the same :

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 fore-
shore and land below low-water mark on which the said
wharf is erected, as shown on the plan M.D. 3884 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
   erecton of the said wharf as shown on the plan marked
   M.D. 3884, and deposited in the office of the Marine Depart-
   ment 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 £2 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 9th day of July, 1926, 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 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
   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 Har-
   bours 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 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 fourteen
    years from the 9th day of July, 1926, unless in the mean-
    time such rights, powers, and privileges shall be altered, modi-
    fied, or revoked by competent authority ; and the licensees
    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 licensees may
    be required to remove the wharf at the licensees’ own cost,
    without payment of any compensation whatever, on giving
    to the licensees 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 licensees in New Zealand.

12. The licensees 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 licensees’ part.

13. In case the licensees 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
    conditions ; or
    (4.) Become bankrupt or be in any manner brought under
    the operation of any law in force for the time being
    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 licensees 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 licensees, 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 licensees 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 licensees fail 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 licensees.

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