1220
THE NEW ZEALAND GAZETTE.
[No. 31

(6) Any three members of the Board shall form a quorum. Any meeting may be adjourned from time to time.
(7) All questions shall be determined by the majority of votes of the members of the Board present at a meeting.
(8) If at any meeting the Chairman is not present at the time appointed for holding the same, the members present shall choose one of their number to be Chairman of such meeting.
(9) If by resignation, death, incapacity, or otherwise the seat of any member shall be or become vacant, or if any member absents himself without reasonable cause from three consecutive meetings of the Board, the Governor-General shall have power, but subject always to the special provisions of section 17 of the Native Purposes Act, 1931, relating to the representation of the Ngati-Tarawhai Sub-tribe, to appoint any other person to be a member of the Board in his stead.
(10) The Board shall prepare and submit at an annual meeting to be held in the month of April in each year a report of the proceedings of the Board for the previous year ending on the 31st day of March, together with a statement of the receipts and expenditure of the Board for such year. A copy of every such report and statement, certified by the Chairman to be correct, shall be sent to the Minister as soon as possible after each annual meeting.
(11) The Board shall control the said reserves in accordance with the provisions of the Scenery Preservation Act, 1908, and of the regulations made thereunder.

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

(L. and S. 4/215/1.)

Licensing William Parkinson to use and occupy a Part of the Foreshore and Land below Low-water Mark at Paritu Point, Moehau, Coromandel, as a Site for a Wharf and Hopper.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 4th day of May, 1932.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS, by Order in Council dated the twenty-fourth day of June, one thousand nine hundred and eighteen, and published in the Gazette of the twenty-seventh day of the same month, at page 2424, Richard Robert Hunt was licensed to occupy for a period of fourteen years, computed from the eighteenth day of June, one thousand nine hundred and eighteen, a part of the foreshore and land below low-water mark at Paritu Point, Moehau, Coromandel, in order to erect and maintain thereon a wharf and hopper, in accordance with plan marked M.D. 4937 and deposited in the office of the Marine Department at Wellington:

And whereas the said license was, with the previous consent of the Minister of Marine, transferred to William Parkinson, of Auckland (hereinafter called “the licensee,” in which term is to be construed, unless the context requires a different construction, his executors, administrators, and assigns):

And whereas the said license has expired, and the licensee has applied for a fresh license under the Harbours Act, 1923 (hereinafter called “the said Act”), for a further term of fourteen years, and it is advisable to grant the same 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 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 which is particularly shown and delineated on plan M.D. 4937, so deposited as aforesaid, for the purpose of maintaining thereon a wharf and hopper erected in accordance with the said plan; 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 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 and land below low-water mark necessary for the maintenance of the said wharf and hopper as shown on plan M.D. 4937 so deposited as aforesaid.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensee shall pay to the Minister the sum of £1, and thereafter an annual sum of £2 in advance, payable on the 1st day of April in each year, the first of such payments to be made on the licensee being supplied with a copy of this Order in Council.

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

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, through, and out of the said wharf and hopper without payment.

6. The licensee shall maintain the above-mentioned wharf and hopper 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 hopper 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 and hopper requiring the licensee within a reasonable time, to be therein prescribed, to make good or repair the same, the licensee shall, with all convenient speed, cause such defect to be removed or such repairs to be made.

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

9. 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.

10. The rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years, computed from the 24th day of June, 1932, 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 consent of the Minister first obtained.

11. The rights, powers, and privileges conferred under and by virtue of this Order in Council 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 may be caused at the said wharf and hopper to any vessel or boat through any default or neglect on the part of the licensee.

13. 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 wharf and hopper for a period of thirty consecutive days;
    (3) Fail to pay the sums specified in clause 3 of these conditions; or
    (4) Become bankrupt or be brought under the operation of any law for the time being in force relating to bankruptcy;
    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 licensee or any other proceeding whatsoever; and publication in the 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 conferred have been revoked and determined.