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by the Governor-General, without payment of any compensation whatever, on giving to the company 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 company in New Zealand.

12. In case the company 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 wharf and breakwater for a period of thirty days;
    (3) Fail to pay the sums specified in clause 3 of these conditions; or
    (4) Be in any manner wound up or dissolved;
    then, and in any 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 company or any other proceeding whatsoever; and publication in the Gazette of an Order in Council containing such revocation shall be sufficient notice to the company and to all persons concerned or interested that this Order in Council, and the license, rights, and privileges thereby conferred, have been revoked and determined.

13. The company shall be liable for any injury which may be caused at the said wharf and breakwater to any vessel or boat through any default or neglect on the part of the company.

14. 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 company shall, if required so to do, remove the said wharf and breakwater 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 company fail so to do, the Minister may cause the said wharf and breakwater to be removed and the site so restored, and may recover the costs incurred by the said removal and restoration from the company.

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

Licensing Alexander Hunter to use and occupy a Part of the Foreshore and Land below Low-water Mark at Seal Island, in Woodpecker Bay, as a Site for a Wharf.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 6th day of July, 1931.
Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.
WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Alexander Hunter, of Westport (hereinafter called “the licensee,” in which term is to be construed unless the context requires a different construction, his executors, administrators, and assigns), 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 and land below low-water mark adjacent thereto at Seal Island, Woodpecker Bay, as shown on plan marked M.D. 6805, and deposited in the office of the Marine Department at Wellington, in order to erect and maintain thereon a wharf:

And whereas is has been made to appear to the Governor-General in Council that the said 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 expedient that a license under the said Act, for the purpose aforesaid, should be granted and issued to the licensee on the terms and conditions set forth in the Schedule hereto:

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 and land below low-water mark immediately contiguous thereto, which is particularly shown and delineated on plan marked M.D. 6805, so deposited as aforesaid, for the purpose of erecting and maintaining such wharf 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—
   “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 other 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 extent and apply only to that part of the foreshore and land below low-water mark necessary for the erection of such wharf as shown on the plan marked M.D. 6805, deposited as aforesaid, in the office of the Marine Department at Wellington.

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 £52, 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 date hereof until the 31st 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, over, and out of the said wharf without payment.

5. All persons shall, at all reasonable times and upon payment of the proper 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 above-mentioned wharf 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.

7. Any person authorized by the Minister may at all reasonable times enter upon the said wharf, 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 such wharf, 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 carried out, as the case may be.

8. 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 with any regulation of the Minister of Customs, or with any provisions of the Harbours Act, 1923, or its amendments, or any regulation made thereunder and that are now or may hereafter be in force.

9. The ballast of all vessels loading at the said wharf shall be taken away by the licensee and deposited above high-water mark or at such place as may be approved of by the Minister, or by any person appointed by the Minister for that purpose.

10. The rights, powers, and privileges conferred by this Order in Council shall continue 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 licensee shall not assign, charge, or part with any such rights, powers, or privileges without the previous written consent of the Minister first obtained.

11. 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.

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

13. In case the licensee shall—
    (1) Commit or suffer a breach of the conditions hereinafter set forth or any of them; or
    (2) Cease to use or occupy the said wharf for a period of thirty days; or
    (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 law in force for the time being relating to bankruptcy;