512

may be required to remove the wharf at the licensee's own
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.) Fail to pay the sums specified in clause 3 of these
    conditions;
    (4.) Become bankrupt, or be brought under the operation
    of any law for the time being in force 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 licensee or other proceeding what-
    soever; 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 in-
    terested, 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    and privileges thereby granted and conferred, have been
    revoked and determined.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 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.

F. D. THOMSON,
Clerk of the Executive Council

Licensing Matthew Lundon to use and occupy a Part of the
Foreshore at Rawene, Hokianga River, as a Site for a Shop.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government House at Auckland, this 21st day of
February, 1927.
Present:

His EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.
WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Matthew
Lundon, of Kohukohu (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 below
low-water mark at Rawene, in Hokianga Harbour, as a site
for a shop; and, in accordance with the one-hundred-and-
seventy-first section of the said Act, has deposited a plan in
the office of the Marine Department at Wellington (marked
M.D. 6300), showing the place where it is intended to con-
struct such shop, the area of foreshore and land below low-
water mark intended to be occupied for such purpose, and
the manner in which it is proposed to erect the said shop
on the site marked number 8B on the said plan :

And whereas it has been made to appear to the Governor-
General in Council that the proposed 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 Go-
vernor-General in Council:

And whereas it is expedient that a license under the said
Act, for the purpose aforesaid, should be granted and issued
to the licensee 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 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 licensee as aforesaid; and, in further
pursuance and exercise of the said power and authority, and

[No. 10

with the like advice and consent as aforesaid, doth hereby
license and permit the licensee to use and occupy that part
of the foreshore and land below low-water mark which is
particularly shown and delineated as site number 8B on the
plan so deposited as aforesaid, for the purpose of maintaining
thereon a shop constructed in accordance with the said plan,
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 the 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 and land below low-water mark necessary for the
   construction of the shop as shown on site No. 8B of the plan
   M.D. 6300.

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 annual rental in respect of the
   period from the date hereof until the 31st day of March follow-
   ing 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, over, and out of the said shop without payment.

5. The licensee shall maintain the above-mentioned shop
   in good order and repair, and shall at all times exhibit there-
   from, and maintain at the licensee's own cost, any lights
   that may be required by the Minister ; provided that no
   light shall be exhibited until after it has been approved of
   by the Minister.

6. Any person authorized by the Minister may at all
   reasonable times enter upon the said shop 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 shop, 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 incon-
   sistent with any law relating to the Customs, or any regula-
   tion of the Minister of 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 this
   Order in Council shall continue 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 with-
   out the previous 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 shop at the licensee's own
   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 may
    be sustained by any vessel or boat in passing the shop, or
    by contact therewith, and which may be occasioned by any
    default or neglect on the licensee's part.

11. 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 shop 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 brought under the operation
    of any law for the time being in force relating to
    bankruptcy,—