964 . THE NEW ZEALAND GAZETTE. [No. 21

place where the Department requires it to be redelivered by
the hirer. If the Department supplies a crane-driver the
Department shall not incur any liability whatsoever for any
damage caused by any patent or latent defect in such crane.

GENERAL.

57. A copy of these by-laws shall be delivered by the
    boarding pilot or Harbourmaster to the master of any vessel
    entering the harbour, and such master shall give a receipt for
    the same if called upon to do so: Provided, however, that it
    shall not be necessary in any case to issue a second copy of the
    by-laws to the master of the same vessel, except on the demand
    of such master, and in such case only on the payment of a fee
    of one shilling, to be accounted for by the Harbourmaster or
    boarding officer.

58. Every complaint made by any person not in the service
    of the Department against any officer or servant of the Depart-
    ment shall be made in writing and addressed to the Secretary-
    Manager, who shall forthwith forward a copy of the complaint
    to the officer or servant complained of. In the case of every
    such complaint the Secretary-Manager will make a preliminary
    inquiry into the circumstances and report to the Minister for
    Marine.

59. In case of accident of whatever kind the Harbourmaster
    or other officer of the Department present or available may
    order such steps to be taken as he may deem necessary and
    charge the cost of the same to the party or parties interested.

60. No person shall disobey the orders of the Harbour-
    master when acting in the performance of his duty.

61. No ballast, rock, stone, slate, shingle, gravel, sand, earth,
    cinders, rubbish, driftwood, or other substance or thing shall
    be taken away from any tidal land or tidal water or from the
    seashore below high-water mark in any part of the harbour
    without the written permission of the Harbourmaster or from
    any other land vested in the Department for any estate what-
    soever or under the Department’s control, without the per-
    mission of the Secretary-Manager.

62. No person shall remove or displace the rocks, stones, or
    material of any breakwater, training-wall, or structure within
    the harbour.

63. No person shall put down or injure any board put up
    for the purpose of publishing any by-laws, regulations, notice,
    or penalty, or obliterate any of the letters, marks, or figures
    thereon.

64. No person shall interfere with any life-saving gear,
    boat-hook, drag, grapnel, life-buoys, or other apparatus placed
    within the port and intended to be used for the purpose of
    saving life from drowning unless such interference is for the
    purpose of saving life, or by the police in dragging for drowned
    persons. No person shall trespass on or be on or in any dredge
    or tug-boat belonging to the Department without the authority
    from the Department. Should any servant of the Department
    divulge to any person not in the service of the Department, any
    information of a confidential nature, he shall be dismissed from
    the service of the Department.

65. Nothing contained in these by-laws shall be deemed to
    apply to any ship, vessel, or other property of His Majesty
    or to any ship of war belonging to any foreign nation.

66. All by-laws and regulations heretofore enforced for and
    within the limits of the Harbour of Westport are hereby
    repealed, provided always that the General Harbour Regula-
    tions Schedule “ A ” shall apply and be enforced.

PENALTIES.

67. If any person fails or refuses or neglects to do anything
    required by the foregoing by-laws to be done, observed, or
    performed, or in any matter obstructs, impedes, or interferes
    with the doing of anything enjoined, required, or authorized
    to be done, or wilfully does anything prohibited by the fore-
    going by-laws, every such person in each and every case so
    offending shall be liable to a penalty of twenty pounds (£20).

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

Licensing Eric George Alexander Gray to use and occupy a Part of the Foreshore and Land below Low-water Mark at Horeke, in Hokianga Harbour, as a Site for a Motor-garage.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 13th day of
April, 1927.

Present :

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned under the
Harbours Act, 1923 (hereinafter called “the said Act”),
Eric George Alexander Gray, of Horeke (who, with his ex-
ecutors, administrators, and assigns, is hereinafter called “the
licensee”), has applied to the Governor-General in Council for
a license under the said Act to use and occupy a part of the fore-
shore and land below low-water mark at Horeke, in the Hoki-
anga Harbour, in order to erect and maintain a motor-garage
thereon; and, in accordance with the one-hundred-and-
seventy-first section of the said Act, has deposited plans in
the office of the Marine Department at Wellington (marked
M.D. 6326), showing the area of foreshore and land below
low-water mark intended to be occupied, and the manner in
which it is proposed to erect the said motor-garage :

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
Governor-General in Council :

And whereas it is expedient that a license should be granted
and issued to the licensee under the said Act for the purposes
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 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 pur-
pose 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 and land below
low-water mark on which the said motor-garage is to be erected,
as shown, numbered five, on the plan M.D. 6326, so deposited
as aforesaid, for the purpose of erecting and maintaining the
said motor-garage, 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 that part of the
   foreshore and land below low-water mark necessary for the
   erecton of the said motor-garage, as shown on the plan marked
   M.D. 6326, 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 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 each year, the pro-
   portionate 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 persons in
   the Government service acting in the execution of their duties,
   shall at all times have free ingress, passage, and egress into,
   through, over, and out of the said motor-garage without pay-
   ment.

5. The licensee shall maintain the above-mentioned motor-
   garage 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 reason-
   able times enter upon the said motor-garage 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 motor-garage, requiring the licensee within a reason-
   able time to be therein prescribed, to repair the same, the
   licensee shall with all reasonable 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 there-
   under, and that are now or may hereafter be in force.