Dec. 20.] THE NEW ZEALAND GAZETTE. 3605

4. The licensee shall maintain and keep the above-mentioned general store and offices, and all erections on or in connection with the general store and offices 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.

5. 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 general store and offices.

6. Any person authorized by the Minister may at all reasonable times enter upon the said general store and offices 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 the said general store and offices, requiring the licensee within a reasonable 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 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 or under this Order in Council shall continue to be in force for fourteen years from the 10th day of August, 1928, 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.

9. The said rights, powers, and privileges may be at any time resumed by the Governor-General, 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 the said general store and offices, or any other work placed or constructed thereon, may cause any vessel or boat to sustain 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 general store and offices for a period of thirty days:
    (3) Become bankrupt, or be in any manner brought under the operation of any Act 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 any proceeding whatever; 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 general store and offices 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 general store and offices 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.

Licensing Frederick Charles Hargrave to use and occupy a Part of the Foreshore at Rawene, in Hokianga Harbour, as a Site for a Factory and Shop.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 17th day of December, 1928.

Present:

His Excellency the Governor-General in Council.

WHEREAS by Orders in Council dated the tenth day of August, one thousand nine hundred and fourteen, and the fourth day of June, one thousand nine hundred and eighteen, and published in the New Zealand Gazette No. 84, of the thirteenth day of August one thousand nine hundred and fourteen, and No. 85 of the thirteenth day of June, one thousand nine hundred and eighteen, respectively, Sidney Cooper, of Rawene, was licensed to use and occupy a part of the foreshore at Rawene, in Hokianga Harbour, for the purpose of erecting and maintaining thereon a factory and shop, and shown as site No. 7 and extension of site No. 7 on plans marked M.D. 4288 and 4291, and deposited in the office of the Marine Department at Wellington, for the term of fourteen years, computed from the tenth day of August, one thousand nine hundred and fourteen:

And whereas the said licenses were, with the consent of the Minister of Marine, transferred to Frederick Charles Hargrave, of Rawene (who, with his executors, administrators, and assigns is hereinafter referred to as the licensee):

And whereas the said licensee has applied for a fresh license under the Harbours Act, 1923 (hereinafter called “the said Act”), for a further 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 marked as site No. 7 and extension of site No. 7, and shown on plans M.D. 4288 and 4291, so deposited as aforesaid, for the purpose aforesaid, 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 necessary for the maintenance of the said factory and shop, and shown as site No. 7 and extension of site No. 7 on the plans marked M.D. 4288 and 4291, and deposited in the office of the Marine Department 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 £6, in advance, payable on the 1st day of April in each year, the proportionate part of such rental in respect of the period from the 10th day of August, 1928, until the 31st March following to be paid on the licensee being supplied with a copy of this Order in Council.

4. The licensee shall maintain the above-mentioned factory and shop 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 of by the Minister.

5. 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 factory and shop.

6. Any person authorized by the Minister may at all reasonable times enter upon the said factory and 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 of writing of any defect or want of repair in the said factory and shop, requiring the licensee, within a reasonable 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 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 or under this Order in Council shall continue to be in force for fourteen years from the 10th day of August, 1928, unless in the meantime such rights, powers, and privileges shall be altered,