1188
THE NEW ZEALAND GAZETTE.
[No. 37]

8. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years from the 17th day of April, 1938, 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 motor-garage at the licensee's own cost, without payment of any compensation whatsoever 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 motor-garage 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 motor-garage 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 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or interested that this Order in Council, and the license, rights, and privileges thereby granted and conferred have been revoked and determined.

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 motor-garage 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 motor-garage 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 occupation of the said motor-garage 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.

Authorizing the Auckland Harbour Board to construct a Boat Harbour and reclaim Land in St. Mary’s Bay, Auckland Harbour.

GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 20th day of May, 1938.

Present:

THE RIGHT HON. M. J. SAVAGE PRESIDING IN COUNCIL.

WHEREAS it is provided by the one-hundred-and seventy-ninth section of the Harbours Act, 1923 (hereinafter called “the said Act”), that where a Harbour Board is desirous of executing or constructing upon lands vested in such Board or upon lands of the Crown any harbour works of such a nature that the same could, but for this section, only be carried out and executed under the authority of a special Act, the Board may apply to the Governor-General in Council for a special order, and, if the Governor-General in Council thinks fit, such order may be made and granted:

And whereas the Auckland Harbour Board (hereinafter called “the Board”) is desirous of constructing a boat harbour and of reclaiming from the sea certain land in St. Mary’s Bay in Auckland Harbour, and the said harbour works are of such a nature as aforesaid, and the Board has applied to the Governor-General in Council for a special order authorizing the execution of the said harbour works:

And whereas the conditions precedent to the granting of a special order prescribed by the said Act have been duly performed and observed, and it appears expedient that such order should be made:

And whereas it has been made to appear to the Governor-General in Council that the proposed works will not be or tend to the injury of navigation:

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 acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby authorize and empower the Board to construct a boat harbour and to reclaim from the sea in St. Mary’s Bay in Auckland Harbour all the lands shown coloured red on plans marked M.D. 7687, and deposited in the office of the Marine Department at Wellington, such boat harbour to be constructed and such reclamation to be carried out and constructed in accordance with plans marked M.D. 7687, subject to the provisions of the said Act; and the said harbour works shall be completed within the period of one year computed from the date of this Order in Council.

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

Domain Board appointed to have Control of the Kaitaia Domain

GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 20th day of May, 1938.

Present:

THE RIGHT HON. M. J. SAVAGE PRESIDING IN COUNCIL.

IN pursuance and exercise of the powers conferred by the Public Reserves, Domains, and National Parks Act, 1928, His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby revoke an Order in Council dated the thirty-first day of October, one thousand nine hundred and thirty-two, and published in the Gazette of the third day of November of that year, appointing a Domain Board to control the Kaitaia Domain, and doth hereby appoint

The Kaitaia Town Board

to be the Kaitaia Domain Board, having control of the land described in the Schedule hereto; and doth hereby appoint Monday, the thirteenth day of June, one thousand nine hundred and thirty-eight, at half-past seven o’clock p.m., as the time when, and the Council Chambers, Kaitaia, as the place where, the first meeting of the Board shall be held.

SCHEDULE.

KAITAIA DOMAIN.—NORTH AUCKLAND LAND DISTRICT.

ALLOTMENTS 69 and 84, Parish of Ahipara, Block V, Takahue Survey District: Area, 34 acres 1 rood 20 perches, more or less. As the same are more particularly delineated on the plan marked L. and S. 1/475A, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red. (North Auckland plans S.O. 19395 and 21659.)

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

(L. and S. 1/475.)

Domain Board appointed to have Control of the Ohope Beach Domain.

GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 20th day of May, 1938.

Present:

THE RIGHT HON. M. J. SAVAGE PRESIDING IN COUNCIL.

IN pursuance and exercise of the powers conferred by the Public Reserves, Domains, and National Parks Act, 1928, His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby revoke an Order in Council dated the eleventh day of May, one thousand nine hundred and thirty-one, and published in the Gazette of the twenty-first day of that month, appointing a Domain Board to control the Ohope Beach Domain, and doth hereby appoint

The Whakatane County Council

to be the Ohope Beach Domain Board, having control of the land described in the Schedule hereto; and doth hereby appoint Wednesday, the twenty-fifth day of May, one thousand nine hundred and thirty-eight, at eight o’clock p.m., as the time when, and the County Chambers, Whakatane, as the place where, the first meeting of the Board shall be held.