Oct. 3.] THE NEW ZEALAND GAZETTE. 2573

Licensing Melton Knight Cave to use and occupy a Part of the Foreshore at Rawene, Hokianga Harbour, as a Site for a Workshop.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 30th day of September, 1929.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by Order in Council dated the twentieth day of September, one thousand nine hundred and fifteen, and published in the New Zealand Gazette, No. 112, on the twenty-third day of the same month, Charles Frederick Shaw was licensed to use and occupy a part of the foreshore below low-water mark at Rawene, Hokianga Harbour, as a site for a workshop, erected in accordance with the plan marked M.D. 4477, and deposited in the office of the Marine Department at Wellington, for a term of fourteen years, computed from the twentieth day of September, one thousand nine hundred and fifteen:

And whereas the said license has, with the prior consent of the Minister of Marine, been transferred to Melton Knight Cave (hereafter called “the licensee”), and it is expedient that a license should be granted and issued to the licensee under the Harbours Act, 1923 (hereinafter called “the said Act”), for the purpose 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 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 on which the said workshop is erected, as shown on the plan so deposited as aforesaid, for the purpose of maintaining the said workshop 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—

“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:

“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.

2. The concessions and privileges conferred by this Order in Council shall extend and apply only to the part of the foreshore necessary for maintaining the workshop as shown on Site No. 21 on sheet 1 of the plan marked M.D. 4477.

3. In consideration of the concessions and privileges granted by this Order in Council the licensee shall, on being supplied with a copy thereof, pay to the Minister the sum of £1, and thereafter an annual sum of £5, payable on the first day of April in each year, the proportionate part of such rental in respect of the period from the twentieth day of September, one thousand nine hundred and twenty-nine, until the thirty-first 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, and out of the said workshop without payment.

5. The licensee shall maintain the above-mentioned workshop in good order and repair.

6. Any person authorized by the Minister may, at all reasonable times, enter upon the said workshop and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the licensee a notice in writing of any defect or want of repair in such workshop, 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 or under this Order in Council shall continue to be in force for fourteen years from the twentieth day of September, one thousand nine hundred and twenty-nine, 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 authority of the Minister first obtained.

9. If at any time after the date hereof the land in respect of which this license is issued is required for public purposes, the rights, powers, and privileges granted by this Order in Council may be resumed by the Governor-General, without payment of any compensation whatever, on giving to the licensee three calendar months’ previous notice in writing. Any notice shall be sufficient if given by the Minister, and delivered at or posted to the last known address of the licensee.

10. The licensee shall be liable for any injury which the said workshop may cause any vessel or boat to sustain through 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 workshop 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 bankruptcy; or
    (4) Fail to pay the sums specified in clause 3 of these conditions,—
    then, and in either 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 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 workshop entirely from the site, and restore the site to its original condition within three months from the date of the revocation or expiry, as the case may be; and if the licensee fails so to do, the Minister may cause the said workshop 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 occupation of the said workshop shall be sufficient evidence of the acceptance by the licensee of the terms and conditions of this Order in Council.

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

Revoking the Prohibition of the Exportation to China of Arms, Explosives, Military Stores, Naval Stores, and Munitions of War of every Description.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 30th day of September, 1929.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

IN pursuance and exercise of the powers and authorities conferred upon him by section forty-seven of the Customs Act, 1913, and of all other powers and authorities enabling him in this behalf, His Excellency the Governor-General of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby revoke the Order in Council made on the twenty-first day of March, one thousand nine hundred and twenty-one, and gazetted on the twenty-fourth day of March, then instant, which prohibited the exportation from New Zealand to China of arms, explosives, military stores, naval stores, and munitions of war of every description, save with the consent of the Minister of Customs.

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