1678
THE NEW ZEALAND GAZETTE.
[No. 37

Licensing Eveline Selina Mullions to use and occupy Parts
of the Foreshore of Whangaroa Harbour as Sites for a
Boat-shed, Wharf, and a Stable.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 13th day of
May, 1930.

Present:
THE HONOURABLE G. W. FORBES, PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Eveline
Selina Mullions, of Whangaroa (who, with her 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 parts of the foreshore of
Whangaroa Harbour in order to maintain thereon a boat-shed,
wharf, and a stable (hereinafter referred to as “the said
structures”), erected in accordance with plans marked
respectively M.D. 2526, 2948, and 3175, deposited in the
office of the Marine Department at Wellington:

And whereas it has been made to appear to the Governor-
General in Council that the 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 desirable that a license should be granted
and issued to the licensee under the said Act for the purposes
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 conferred upon 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 purposes or objects 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 those parts of the
foreshore which are particularly shown and delineated re-
spectively on the plans M.D. 2526, 2948, and 3175, so de-
posited as aforesaid, for the purpose of maintaining thereon
the said structures erected in accordance with the said plans,
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 and terms—
   “Foreshore” means such part 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 those parts of the
   foreshore occupied by the said structure as shown respectively
   on the plans marked M.D. 2526, 2948, and 3175.

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 £3 5s.
   in advance, payable on the 1st day of April each year, the
   first of such payments to be made 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 structures without pay-
   ment.

5. All persons shall, at all reasonable times, and upon
   payment of the prescribed dues, have free and full liberty to
   use the said wharf, and all rights of ingress and egress thereon
   and therefrom.

6. The licensee shall maintain the said structures in good
   order and repair, and shall at all times exhibit from the
   wharf 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
   by the Minister.

7. Any person authorized by the Minister may at all
   reasonable times enter upon the said structures or any or
   either of them 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 structures or any or
   either of them, 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.

8. Nothing herein contained shall authorize the licensee
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or with any
   provisions of the Harbours Act, 1923, or its amendments, or
   any regulations made thereunder, and that are now or may
   thereafter be in force.

9. The rights, powers, and privileges conferred by or under
   this Order in Council shall continue to be in force for fourteen
   years from the 1st day of April, 1930, 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.

10. 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 said structures or any or either of
    them at the licensee’s cost, without payment of any com-
    pensation 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.

11. The licensee shall be liable for any injury which any
    or either of the said structures may cause any vessel or boat
    to sustain through any default or neglect on the licensee’s
    part.

12. In case the licensee 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 structures or any of
    them for a period of thirty days;
    (3) Become bankrupt, or be in any manner brought under
    the operation of any law in force for the time being
    relating to bankruptcy; or
    (4) Fail to pay the sum 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 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.

13. 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 structures or any of
    them entirely from the sites, and restore the sites to their
    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 structures or
    any of them to be removed and the sites so restored, and may
    recover the costs incurred by the said removal and restoration
    from the licensee.

14. The occupation of the said structures 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.

Licensing Arnold M. Dunning to use and occupy a Part of
the Foreshore at Motukaraka, Wairupe Creek, Hokianga
Harbour, as a Site for a Piggery.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 13th day of
May, 1930.

Present:
THE HONOURABLE G. W. FORBES, PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Arnold
M. Dunning, of Motukaraka (who, with his executors, adminis-
trators, 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 at