3606
THE NEW ZEALAND GAZETTE.
[No. 96

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
    factory and shop, 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 factory and shop for a
    period of thirty days;
    (3) Become bankrupt or be brought under the operation of
    any law for the time being in force relating to bank-
    ruptcy; or
    (4) Fail to pay the sums specified in clause 3 of these
    conditions;
    then, 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 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    granted and conferred, have been revoked and determined.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 entirely from the site any
    structures thereon, 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 structure 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 Messrs. A. S. Andrewes and Sons to use and occupy
a Part of the Foreshore at Rawene, Hokianga Harbour, as a
Site for a Store.

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 Order in Council dated the tenth day
of August, one thousand nine hundred and fourteen,
and published in the New Zealand Gazette No. 84, of the
thirteenth day of the same month, Messrs. Alfred Andrewes,
George Andrewes, Frank Andrewes, and Arthur Edmund
Andrewes, trading under the style or title of “A. S. Andrewes
and Sons,” of Opononi (who, with their executors, admini-
strators and assigns is hereinafter referred to as “the
licensees”), were licensed to use and occupy a part of the
foreshore at Rawene, in Hokianga Harbour, as a site for a
store, erected in accordance with the plans marked M.D.
4288 and 4293, and shown as site No. 4 thereon, 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 licensees have 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 said licensees 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 licensees to use and occupy that part
of the foreshore which is particularly shown and delineated
as site No. 4 on the plans so deposited as aforesaid, for the
purpose of maintaining the store aforesaid thereon, such license
to be held and enjoyed by the licensees upon and subject to
the terms and conditions set forth in the Schedule hereto.

SCHEDULE.

CONDITIONS.

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 as
   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 necessary for the maintenance of the said store, at
   the site shown as No. 4, on the plans marked M.D. 4288 and

4. In consideration of the concessions and privileges granted
   by this Order in Council the licensees 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 rental in respect of the period
   from the 10th August, 1928, until the 31st March following
   to be paid in the licensees being supplied with a copy of this
   Order in Council.

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

6. The licensees shall maintain and keep the above-
   mentioned store and all erections on or in connection with
   the store in good order and repair; and shall at all times
   exhibit therefrom and maintain at the licensees’ 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.

7. Any person authorized by the Minister may at all
   reasonable times enter upon the said store and any buildings
   erected on the store 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 licensees in New
   Zealand a notice of writing of any defect or want of repair
   in such stores or buildings, requiring the licensees within a
   reasonable time, to be therein prescribed, to make good or
   repair the same, the licensees shall, with all convenient speed,
   cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorize the licensees
   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 regulation
   thereunder, and that are now or may hereafter be in force.

9. The rights, powers, and privileges hereby conferred shall
   continue in force for fourteen years, computed 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 licensees shall not assign,
   charge, or part with any such right, power, or privilege without
   the previous written consent of the Minister first obtained.

10. 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 licensees 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 licensees in New
    Zealand.

11. The licensees shall be liable for any injury which may
    be caused at the said store to any vessel or boat through any
    default or neglect on the part of the licensees.

12. In case the licensees 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 store 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 in any manner brought under
    the operation of any act 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 may be revoked and