926

THE NEW ZEALAND GAZETTE.

No. 23

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 shop 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 shop 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 shop 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 William Archibald Smeed and William Henry Anderson to use and occupy a Part of the Foreshore at Mercer, on the Waikato River, as a Site for a Hopper.

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 William Archibald Smeed and William Henry Anderson (hereinafter called "the licensees," which term shall include their executors, administrators, and assigns unless the context requires a different construction), to use and occupy a part of the foreshore at Mercer, on the Waikato River, as shown on plan marked M.D. 6036, approved on the sixth day of July, one thousand nine hundred and twenty-five, and deposited in the office of the Marine Department at Wellington, for the purpose of the use of a hopper as shown on the said plan, such license to be held and enjoyed by the licensees 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 that part of the foreshore occupied by the said hopper as shown on the plan marked M.D. 6036.

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 yearly payments to be paid on the licensees being supplied with a copy of this Order in Council.

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

5. 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 hopper without payment.

6. The licensees shall maintain the above-mentioned hopper in good order and repair, and shall at all times exhibit therefrom and maintain at the licensees' 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.

7. Any person authorized by the Minister may at all reasonable times enter upon the said hopper and view the state of repair thereof; and upon such Minister leaving at or posting to the last-known address of the licensees in New Zealand a notice in writing of any defect or want of repair in such hopper requiring the licensees within a reasonable time, to be therein prescribed, to repair the same, the licensees shall with all reasonable speed cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorize the licensees 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 hopper 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 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 licensees shall not assign, charge, or part with any such right, power, or privilege without the written consent of the Minister first obtained.

11. The said rights, powers, and privileges may be at any time resumed by the Governor-General, and the licensees may be required to remove the hopper at the licensees' own cost, without payment of any compensation whatever on giving to the licensees 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 licensees in New Zealand.

12. The licensees shall be liable for any injury which the said hopper may cause any vessel or boat to sustain through any default or neglect on the licensees' part.

13. In case the licensees 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 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 license, right, power, or privilege thereby conferred may be revoked and determined by the Governor-General in Council without any notice to the licensees or other proceedings whatsoever; and publication in the Gazette of an Order in Council containing such revocation shall be sufficient notice to the licensees 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 licensees shall, if required by the Minister so to do, remove the said hopper 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 licensees fail so to do, the Minister may cause the said hopper to be removed and the site so restored, and may recover from the licensees the costs incurred by the said removal and restoration.

15. The occupation of the said hopper shall be sufficient evidence of the acceptance by the licensees of the terms and conditions of this Order in Council.

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

Revoking Order in Council of the 20th March, 1934, Licensing the Zealandia Packing Company, Limited, to use and occupy a Part of the Foreshore and Land below Low-water Mark at Okura Point, Whangaroa Harbour, as a Site for a Wharf.

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.
WHEREAS by Order in Council dated the twentieth day of March, one thousand nine hundred and thirty-four, and published in the Gazette of the fifth day of the following month, at page 949, the Zealandia Packing Company, Limited (hereinafter called "the Company"), was licensed to use and occupy a part of the foreshore and land below low-water mark at Okura Point, Whangaroa Harbour, as a site for a wharf:

And whereas the Company has applied to have the hereinbefore-recited Order in Council revoked, and it is desirable to revoke the same :

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance and exercise of the power and authority conferred upon him by the Harbours Act, 1923, 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 revoke the hereinbefore-recited Order in Council of the twentieth day of March, one thousand nine hundred and thirty-four, as from the thirty-first day of March, one thousand nine hundred and thirty-nine.

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