3332
THE NEW ZEALAND GAZETTE.
[No. 78

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concerned or interested that this Order in Council, and the license, rights, and privileges thereby conferred, have been revoked and determined.

11. The licensee shall be liable for any injury which may be sustained by any vessel or boat in passing the boat-slip, or by contact therewith, and which may be occasioned by any default or neglect on the licensee’s part.

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 so to do, remove the said boat-slip 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 boat-slip to be removed and the site so restored, and may recover from the licensee the costs incurred by the said removal and restoration.

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

Licensing Horace Tomkies to use and occupy a Part of the Foreshore and Land below Low-water Mark at Queenstown, Lake Wakatipu, as a Site for a Jetty.

BLEDISLOE, Governor-General.

By his Deputy,
MICHAEL MYERS.

ORDER IN COUNCIL.

At the Government House at Wellington, this 15th day of October, 1934.

Present:

His Excellency the Governor-General in Council:

WHEREAS by Order in Council dated the twenty-fourth day of September, one thousand nine hundred and twenty, and published in the Gazette of the thirtieth day of the same month, at page 2744, Horace Tomkies, of Queenstown (hereinafter called “the licensee,” in which term is to be construed, unless the context requires a different construction, his executors, administrators, and assigns), was licensed under the Harbours Act, 1908, to occupy for a period of fourteen years a part of the foreshore and land below low-water mark at Queenstown, Lake Wakatipu, in order to maintain thereon a jetty as shown on plan marked M.D. 5225, and deposited in the office of the Marine Department at Wellington:

And whereas the hereinbefore-mentioned Order in Council has expired, and the licensee has made application under the Harbours Act, 1923 (hereinafter called “the said Act”), for a license for a further term of fourteen years:

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 acting by 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 the plan so deposited as aforesaid, for the purpose of maintaining the said jetty 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 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 adjacent thereto necessary for the maintenance of the said jetty at the site shown on plan marked M.D. 5225.

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 £1 in advance, payable on the first day of April in each year, the proportionate part of such rental in respect of the period from the 24th day of September, 1934, until the 31st March following to be paid 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 free and full liberty to use the said jetty 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 jetty without payment.

6. The licensee shall maintain the above-mentioned jetty in good order and repair, and shall at all times exhibit from the jetty 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 jetty 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 jetty 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 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.

9. The master of each vessel discharging ballast at the said jetty shall have all such ballast taken away 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 or under this Order in Council shall continue in force for fourteen years from the 24th day of September, 1934, 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 said rights, powers, and privileges conferred under or 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 the said jetty may cause any vessel or boat to sustain through any default or neglect on the licensee’s part.

13. In case the licensee—
    (1) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
    (2) Cease to use or occupy the said jetty for a period of thirty consecutive days;
    (3) Become bankrupt, or be in any manner 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 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 other proceedings 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 granted and conferred have been revoked and determined.

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 licensee shall, if required by the Minister so to do, remove the said jetty 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 jetty to be removed and the site so restored and may recover from the licensee the costs incurred by the said removal and restoration.

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