2694

THE NEW ZEALAND GAZETTE.

[No. 80

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 £1 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 1st day of December, 1937, until the 31st day of
   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 persons
   in the Government service acting in the execution of their
   duties, shall at all times have free ingress, passage, and
   egress into, through, over, and out of the said wharf and
   barge-landing without payment.

5. The licensee shall maintain the above-mentioned wharf
   and barge-landing 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 by the Minister.

6. Any person authorized by the Minister may at all
   reasonable times enter upon the said wharf and barge-landing
   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 barge-landing, requiring the licensee
   within a reasonable time, to be therein prescribed, to repair
   the same, the licensee shall with all reasonable speed cause
   such defect to be removed or such repairs to be made.

7. 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.

8. The rights, powers, and privileges conferred by or
   under this Order in Council shall continue in force for fourteen
   years from the 1st day of December, 1937, 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.

9. 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 wharf and barge-landing at the
   licensee's own cost, 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.

10. The licensee shall be liable for any injury which the
    said wharf and barge-landing may cause any vessel or boat
    to sustain through any default or neglect on the licensee's
    part.

11. 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 wharf and barge-
landing 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 license, right, power, or privilege thereby conferred
may be revoked and determined by the Governor-General
in Council without any notice to the licensee or other pro-
ceedings 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.

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
    by the Minister so to do, remove the said wharf and barge-
    landing 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 licensee
    fails so to do, the Minister may cause the said wharf and
    barge-landing to be removed and the site so restored, and may
    recover from the licensee the costs incurred by the said
    removal and restoration.

13. The erection of the said wharf and barge-landing shall
    be sufficient evidence of the acceptance by the licensee of
    the terms and conditions of this Order in Council.

C. A. JEFFERY,
Clerk of the Executive Council.

Licensing Robert Gifford Cochrane to use and occupy a Part of
the Foreshore and Land below Low-water Mark at Manga-
whare, Northern Wairoa River, Kaipara Harbour, as a Site
for a Shop.

GALWAY, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 8th day of
December, 1937.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

PURSUANT to the Harbours Act, 1923, His Excellency
the Governor-General, acting by and with the advice
and consent of the Executive Council, doth hereby license and
permit Robert Gifford Cochrane, of Mangawhare (hereinafter
called “the licensee,” which term shall include his executors,
administrators, and assigns unless the context requires a
different construction), to use and occupy all those parts of
the foreshore and land below low-water mark at Manga-
whare, Northern Wairoa River, Kaipara Harbour, as shown
on plan marked M.D. 7669, and deposited in the office of the
Marine Department at Wellington, for the purpose of the use
of the shop as shown on 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 terms—

“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 shop at the site
   shown on the plan marked M.D. 7669.

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 £2 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 1st day of December, 1937, until the 31st day
   of 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 persons
   in the Government service acting in the execution of their
   duties, shall at all times have free ingress, passage, and
   egress into, through, over, and out of the said shop without
   payment.

5. The licensee shall maintain the above-mentioned shop
   in good order and repair.

6. Any person authorized by the Minister may at all
   reasonable times enter upon the said shop 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 shop, requiring the licensee within a reasonable time, to
   be therein prescribed, to repair the same, the licensee shall
   with all reasonable speed cause such defect to be removed
   or such repairs to be made.

7. 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.

8. The rights, powers, and privileges conferred by or
   under this Order in Council shall continue in force for fourteen
   years from the 1st day of December, 1937, 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.

9. 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 shop at the licensee's own cost,
   without payment of any compensation whatever, on giving
   to the licensee three calendar months' previous notice in