JAN. 13. THE NEW ZEALAND GAZETTE. 57
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 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 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leges thereby granted and conferred, have been revoked and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 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 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.
J. W. BLACK,
Acting Clerk of the Executive Council.
Licensing Henry Arthur Purser to use and occupy a Part of
the Foreshore at Little Passage, Coromandel Harbour, as a
Site for a Jetty.
CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 10th day of
January, 1927.
Present :
His Excellency the Governor-General in Council.
WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Henry
Arthur Purser, of Auckland (who with his executors, adminis-
trators 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 in Little Passage,
Coromandel Harbour, as a site for a jetty, built in position
and in accordance with plan marked M.D. 6298, and deposited
in the office of the Marine Department of 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 fore-
shore on which the said jetty is erected, as shown on plan
marked M.D. 6298, deposited as aforesaid, for the purpose
of maintaining the said jetty thereon, such license to be
held and enjoyed by the licensee upon and subject to the
terms set forth in the Schedule hereto.
SCHEDULE.
I. 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 jetty as shown on the plan
marked M.D. 6298.
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, th
proportionate part of such rental in respect of the period
from the 1st November, 1924, until the 31st March, 1927,
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 m.
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 or
therefrom.
6. The licensee shall maintain the above-mentioned jetty
in good order and repair, and shall at all times exhibit there-
from, 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 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.
8. Any person authorized by the Minister may at all reason-
able 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.
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 1st November, 1924, until 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;