1700

THE NEW ZEALAND GAZETTE.

[No. 44

power in this behalf conferred upon him by that section,
His Excellency the Governor-General of the Dominion of
New Zealand, acting by and with the advice and consent
of the Executive Council of the said Dominion, doth hereby
prohibit, for the period of one year from the date of this
Order in Council, all alienation of the Native land specified
in the Schedule hereto other than alienation in favour of
the Crown.

SCHEDULE.

HUKATERE SURVEY DISTRICT.

Block.

Poutu 2E 4C, Blocks XIII and XIV
,, 2E 4D ,, ,

Approximate Area.
A. R. P.
.. 350 0 0
.. 320 0 0

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

Licensing Henry George Rose to use and occupy a Part of the
Foreshore at Horeke, Waihou River, as a Site for a Shed.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 10th day
of May, 1928.
Present:
THE RIGHT HONOURABLE J. G. COATES, P.C., PRESIDING IN
COUNCIL.
WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Henry
George Rose, of Horeke (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 below low-water
mark at Horeke, on the Waihou River, in Hokianga Harbour,
as a site for a shed, 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. 6321), showing the place where it is intended to construct such shed, 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 shed on
the site marked number 3 of the said plans:

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 plans have, 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 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
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 3 on sheet
number 1 on the plans so deposited as aforesaid, for the purposes of maintaining thereon a shed 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
erectiion of the shed as shown as site No. 3 of the plans M.D.
6321 (sheet No. 1).

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 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, over, and out of the said shed without payment.

5. The licensee shall maintain the above-mentioned shed
   in good order and repair, and shall at all times exhibit therefrom, 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 shed 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
   shed, 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 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 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 without 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 shed 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 shed, 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 hereinbefore set forth, or any of them;
    (2) Cease to use or occupy the said shed 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,--
    then and in any of the said cases this Order in Council and
    every right, power, or privilege, may be revoked and determined by the Governor-General in Council without any
    notice to the licensee or other proceedings 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 rights and privileges thereby 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 shed 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 shed to be removed and the site so
    restored, and may recover the costs incurred by the said
    removal and restoration from the licensee.

13. The erection of the shed shall be deemed to be an
    acceptance by the licensee of the conditions of this Order in
    Council.

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