SEPT. 18.] THE NEW ZEALAND GAZETTE. 2797

5. If any ship shall use the said wharf for the discharge of
   any goods or cargo after the usual working-hours, or
   on wharf holidays, such ship shall pay to the Board
   for the use of the said wharf a charge at the rate of
   ls. per ton on all goods or cargo so discharged from
   such ship.

This charge will only be made when, in the opinion
of the Wharfinger, it is necessary to employ labour
to stack or remove cargo in sheds in consequence of
the discharge of such goods or cargo as aforesaid.

PASSENGERS.

For every passenger who shall land on or be shipped from
the said wharf, the sum of 6d.

Goods Storage.

Any person storing goods on wharf or in shed may be
charged for such goods at the following rates:-

For every package or parcel--

Not exceeding 30 lb. in weight, per day or part s. d.
of a day .. .. .. .. .. .. .. .. 0 1
Exceeding 30 lb. but not exceeding 100 lb., per
day or part of a day .. .. .. .. .. .. .. .. 0 2
Exceeding 100 lb. but not exceeding 5 cwt., per
day or part of a day .. .. .. .. .. .. .. 0 3
Exceeding 5 cwt., per day or part of a day .. .. .. 0 6

Storage to be charged on the expiration of twelve hours
after goods have been landed on the wharf.

A. W. MULLIGAN,
Acting Clerk of the Executive Council.

Licensing the Mount Pleasant Boating Club to use and occupy
a Part of the Foreshore in the Heathcote River, Sumner
Estuary, as a Site for a Boat-shed and Clubhouse.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 15th day of
September, 1930.

Present:

His Excellency the Governor-General in Council.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, the Mount
Pleasant Boating Club (who with its successors and assigns,
is hereinafter referred to as "the club"), has applied to the
Governor-General in Council for a license under the Harbours
Act, 1923 (hereinafter called "the said Act"), to occupy
part of the foreshore in the Heathcote River, Sumner Estuary,
in order to erect and maintain thereon a boat-shed and club-
house (hereinafter referred to as "the said structure"), to
be erected in accordance with plan marked M.D. 6824, de-
posited 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 plan has, 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 club 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 club 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 club to use and occupy that part of the foreshore which is
particularly shown and delineated on plan M.D. 6824 so de-
posited as aforesaid, for the purpose of erecting and main-
taining thereon the said structure, to be in accordance with the
said plan, such license to be held and enjoyed by the club
upon and subject to the terms and conditions set forth in the
Schedule hereto.

SCHEDULE.

1. In these conditions the 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 that part of the
   foreshore occupied by the said structure as shown on plan
   marked M.D. 6824.

3. In consideration of the concessions and privileges granted
   by this Order in Council the club shall pay to the Minister the
   sum of £2 10s., and thereafter an annual sum of £l in advance,
   payable on the 1st day of April each year, the proportionate
   part of such rental in respect of the period from the date
   hereof until the 31st March following to be paid on the club
   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 structure without payment.

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

6. The club shall maintain the said structure in good order
   and repair, and shall at all times exhibit from the structure
   and maintain at the club'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 structure and view the
   state of repair thereof ; and upon such Minister leaving at or
   posting to the last known address of the club in New Zealand
   a notice in writing of any defect or want of repair in the said
   structure or requiring the club, within a reasonable time to be
   therein prescribed, to repair the same, the club shall with all
   convenient speed cause such defect to be removed or such
   repairs to be made.

8. Nothing herein contained shall authorize the club to do
   or cause to be done anything repugnant to or inconsistent
   with any law relating to the Customs, or with any provisions
   of the Harbours Act, 1923, or its amendments, or any regula-
   tions 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 date hereof unless in the meantime such
   rights, powers, and privileges shall be altered, modified, or
   revoked by competent authority; and the club 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 club may be
    required to remove the said structure at the club's cost, with-
    out payment of any compensation whatever, on giving to the
    club 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 club
    in New Zealand.

11. The club shall be liable for any injury which the said
    structure may cause any vessel or boat to sustain through
    any default or neglect on the club's part.

12. In case the club 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 for a period
of thirty days;

(3) Be in any manner wound up or dissolved; or

(4) Fail to pay the sum specified in clause 3 of these condi-
tions--

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 club 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
club 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 club shall, if required
    by the Minister so to do, remove the said structure 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 club 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 club.

14. The erection and maintenance of the said structure
    shall be sufficient evidence of the acceptance by the club of
    the terms and conditions of this Order in Council.

A. W. MULLIGAN,
Acting Clerk of the Executive Council.