1434
THE NEW ZEALAND GAZETTE.
[No. 29

All vessels lying alongside the wharf without landing
or receiving cargo, first day .. .. .. Free.
Ditto, after the first day (excepting Sundays and holi-
days), per ton net register, per day .. .. 0 0½

Such passengers’ luggage or ships’ stores as are carried in
hand, not exceeding a quarter of a ton, shall be exempt from
wharfage charges.

Storage.

Per ton (any quantity over half a ton and under a
ton will be charged as 1 ton), per week or part of a s. d.
week .. .. .. .. .. 1 0
Half a ton or under, per week or part of a week .. 0 6
If services of Wharfinger required before 8 a.m. or
after 5 p.m., per hour or part of hour .. .. 1 0

F. D. THOMSON,
Clerk of the Executive Council

Licensing Frederick Charles Hargrave to use and occupy a Part of the Foreshore and Land below Low-water Mark at Rawene, Hokianga Harbour, as a Site for Dwelling-house and Stores.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 9th day of
May, 1927.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by Order in Council dated the fourth day
of August, one thousand nine hundred and thirteen,
and published in the New Zealand Gazette No. 61, of the
seventh day of the same month, Peter Hansen was licensed
to use and occupy a part of the foreshore and land below
low-water mark at Rawene, in Hokianga Harbour, as a site
for a blacksmith’s shop and foundry, erected in accordance
with the plan marked M.D. 4084, and shown thereon as
Section No. 1A, and deposited in the office of the Marine
Department at Wellington, for the term of fourteen years,
computed from the fourth day of August, one thousand nine
hundred and thirteen :

And whereas the said license was, with the consent of the
Minister of Marine, transferred to Mrs. Elizabeth Cooper and
then to Frederick Charles Hargrave, of Rawene (who, with
his executors, administrators, and assigns is hereinafter re-
ferred to as “the licensee”) :

And whereas the licensee has applied for a fresh license
under the Harbours Act, 1923 (hereinafter called “the said
Act”) for a term of fourteen years, and it is advisable 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 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 immediately
contiguous thereto, which is particularly shown and delineated
on the plans so deposited as aforesaid for the purpose of
using the dwellinghouse and the stores thereon, 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 the part of the
   foreshore and land below low-water mark adjacent thereto
   necessary for the maintenance of the dwellinghouse and stores,
   at the site shown as Section No. 1A on the plan marked
   M.D. 4084.

3. In consideration of the concessions and privileges granted
   by this Order in Council the licensee shall, on being supplied
   with a copy of this Order in Council, 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.

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,
   over, and out of the said dwellinghouse and stores without
   payment.

5. The licensee shall maintain and keep the above-mentioned
   dwellinghouse and stores and all erections on or in connection
   with the dwellinghouse and stores 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 new 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 dwellinghouse and stores and
   any buildings erected on the dwellinghouse or stores or in
   connection therewith, and view the state of repair thereof;
   and upon the 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 dwellinghouse and stores,
   requiring the licensee within a reasonable time, to be therein
   prescribed, to make good or 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 inconsistent
   with any law relating to the Customs, or any regulation of
   the Minister of Customs, or with any provisions of the Harbours
   Act, 1923, or its amendments, or any regulation thereunder,
   and that are now or may hereafter be in force.

8. The rights, powers, and privileges hereby conferred shall
   continue in force for fourteen years, computed from the 3rd
   day of August, 1927, 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 previous written consent of the Minister first obtained.

9. The rights, powers, and privileges conferred under or
   by virtue of this Order in Council may be at any time resumed
   by the Governor-General, without payment of any compensa-
   tion 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 caused at the said dwellinghouse and stores to any vessel
    or boat through any default or neglect on the part of the
    licensee.

11. In case the licensee shall—
    (1) Commit or suffer a breach of the conditions hereinbefore
    set forth, or any of them;
    (2) Cease to use or occupy the said dwellinghouse and stores
    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 bank-
    ruptcy,

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 any 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.

12. 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 dwellinghouse and stores
    entirely from the site, and restore the site to its original con-
    dition within three months from the date of the revocation or
    expiry, as the case may be; and if the licensee fail so to do, the
    Minister may cause the said dwellinghouse and stores 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.