2830

Licensing Frederick Richardson to use and occupy a Part of
the Foreshore at Otehei Bay, Bay of Islands, for a Wharf-
site.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 27th day of
September, 1926.

Present:

His Excellency THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS there being no Harbour Board empowered to
grant the license hereinafter mentioned, Frederick
Richardson (who with his executors, administrators, 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 at Otehei Bay, Bay of Islands,
for a wharf-site, to be built in the position and in accordance
with plan marked M.D. 6248, 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 wharf is to be erected, as shown on plan marked
M.D. 6248, deposited as aforesaid, for the purpose of main-
taining the said wharf thereon, such license to be held and
enjoyed by the licensee upon and subject to the terms 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 that part of the
   foreshore occupied by the said wharf, as shown on the plan
   marked M.D. 6248.

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 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
   payment of the proper dues, have free and full liberty to use
   the said wharf, and all rights of ingress and egress thereon or
   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 of by the
   Minister.

7. 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.

8. 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.

9. 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 regula-
   tions made thereunder, and that are now or may hereafter be
   in force.

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 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.

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 to do so, 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 erection of the said wharf shall be sufficient evidence
    of the acceptance by the licensee of the terms and conditions
    of this Order in Council.

C. A. JEFFERY,
Acting Clerk of the Executive Council.

Licensing the Kauri Timber Company (Limited) to use and
occupy a Part of the Foreshore in Whangaparapara Harbour,
Great Barrier Island, as a Site for Dolphins.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 27th day of
September, 1926.

Present:

His Excellency THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS there being no Harbour Board empowered
to grant the license hereinafter mentioned, the
Kauri Timber Company (Limited) of Auckland (who with its
successors and assigns is hereinafter referred to as “the
company”), 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 in
Whangaparapara Harbour, at Great Barrier Island, as a site
for six dolphins, to be built in the position and in accordance
with plan marked M.D. 6192, and deposited in the office of
the Marine Department at Wellington: