APRIL 13.]
THE NEW ZEALAND GAZETTE.
925
or want of repair in such timber booms 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 April, 1939, 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 said timber booms 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 timber booms 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 timber booms 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 to do so, remove the said timber booms
    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 timber booms 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 timber booms 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 Matthew Lundon to Use a Part of the Foreshore at
Kohukohu, Hokianga Harbour, as a Site for a Shop.

GALWAY, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 5th day of
April, 1939.
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 Matthew Lundon (hereinafter called “the
licensee,” which term shall include his administrators, execu-
tors, and assigns unless the context requires a different con-
struction), to use and occupy a part of the foreshore and land
below low-water mark at Kohukohu, Hokianga Harbour, as
shown on plan marked M.D. 3715, approved on the
thirteenth day of September, one thousand nine hundred and
eleven, and deposited in the office of the Marine Depart-
ment at Wellington, for the purpose of erecting and
maintaining thereon a 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. 3715.

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
   £5 in advance, payable on the 1st day of April in each year,
   the first of such annual payments 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 April, 1939, 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
   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 shop 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 shop 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 in any manner brought under
the operation of any Act 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.