JUNE 20.] THE NEW ZEALAND GAZETTE. 1543

Licensing John Glyn Parry to use and occupy a Part of

the Foreshore at Pukapuka as a Site for a Landing, and
prescribing Dues for the use of Same.

GALWAY, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 12th day
of June, 1940.

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 John Glyn Parry (hereinafter called "the
licensee," which term shall include his administrators,
executors, and assigns unless the context requires a different
construction), to use and occupy a part of the foreshore and
land below low-water mark at Pukapuka, as shown on plan
marked M.D. 4991, approved on the fourteenth day of April,
one thousand nine hundred and nineteen, and deposited
in the office of the Marine Department at Wellington, for the
purpose of erecting and maintaining thereon a landing 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 First Schedule hereto, and doth prescribe
that the dues and rates set forth in the Second Schedule
hereto shall be charged and taken by the licensee for the
use of the said landing.

FIRST 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 landing at the site
   shown on the plan marked M.D. 4991.

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 1st day of April in each year,
   the first of such yearly payments 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
   landing, 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 landing without
   payment.

6. The licensee shall maintain the said 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 of by
   the Minister.

7. Any person authorized by the Minister may at all
   reasonable times, enter upon the said 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 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.

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 landing 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, 1940, 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.

11. 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 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.

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

13. 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 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 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.

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 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 landing to be removed and the site so
    restored, and may recover from the licensee the costs incurred
    by the said removal and restoration.

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

SECOND SCHEDULE.

Wharfage Dues.

For each passenger under twelve years of age landing
on or leaving from the landing . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free.

For each passenger over twelve years of age landing on
or leaving from the landing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 6

1. On all goods, chattels, or live-stock, landed on or
   shipped from the said landing, at the following rates:-

For every cubic yard of stone, shingle, sand, lime,
cement, or shell per cubic yard . . . . . . . . . . . 0 4

For every 100 superficial feet of timber, fencing-
posts, or piles, per 100 ft. or part thereof . . . 0 4

Firewood, per ton or part thereof . . . . . . . . . . . . . 0 4

Horses, or great cattle, each . . . . . . . . . . . . . . . . . . . 2 6

Sheep, or small cattle, each . . . . . . . . . . . . . . . . . . . . 0 6

Calves, or yearlings, each . . . . . . . . . . . . . . . . . . . . . . 1 0

2. For all goods not otherwise specified per ton
   weight or measurement at the option of the licensee . . 2 6

Storage Dues.

For every twenty-four hours, or part thereof at per
ton or part of ton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0

(All goods stored at the risk of the consignee.)

Crane Dues.

For the use of the crane on the landing at per hour or
part thereof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 6

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