power and authority vested in him by the said Act, and
with the advice and consent of the Executive Council of
the said Dominion, doth hereby approve of the purpose or
object for which the said license is required by the company
as aforesaid; and, in further pursuance and exercise of
the said power and authority, and with the like advice
and consent as aforesaid, doth hereby license and permit
the company to use and occupy that part of the foreshore
and land below low-water mark which is particularly shown
and delineated on the plan so deposited as aforesaid, for
the purpose of constructing thereon timber booms in accord-
ance with the said plan; such license to be held and enjoyed
by the company upon and subject to the following terms
and conditions, that is to say:—

1. In these conditions the term “Minister” means the
   Minister of Marine, as defined by “The Shipping and Sea-
   men 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 necessary for the
   construction of the timber booms, as shown on plan M.D.
4. In consideration of the concessions and privileges
   granded by this Order in Council, the company shall, on
   being supplied with a copy thereof, pay to the Minister
   the sum of two pounds ten shillings, and thereafter an
   annual sum of five pounds in advance, such annual payments
   to date from the date hereof, the first of such annual pay-
   ments to be made on the company being supplied with a copy
   of this Order in Council.
5. The rights, powers, and privileges conferred by this
   Order in Council shall continue in force for fourteen
   years, computed from the date of this Order in Council, un-
   less in the meantime such rights, powers, and privileges shall be
   altered, modified, or revoked by competent authority; and
   the company shall not assign, charge, or part with any such
   right, power, or privilege without the previous written con-
   sent of the Minister first obtained.
6. His Majesty or the Governor, and all officers in the
   Government service acting in the execution of their duty,
   shall at all times have free ingress, passage, and egress into,
   through, and out of the said timber booms without payment.
7. The said rights, powers, and privileges may be at any
   time resumed by the Governor, and the company may be
   required to remove the timber booms at its own cost,
   without payment of any compensation whatever, on giving
   to the company three 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 company in New Zealand.
8. The company shall maintain the above-mentioned
   timber booms in good order and repair; and shall at all times
   exhibit therefrom, and maintain at its own cost, any lights
   that may be required by the Minister: Provided that no
   light shall be exhibited until after it has been approved of
   by the Minister.
9. Any person authorised by the Minister may at all
   reasonable times enter upon the said timber booms and
   view the state of repair thereof; and upon such Minister
   leaving at or posting to the last known address of the company
   a notice in writing of any defect or want of repair in such
   timber booms, requiring it, within a reasonable time, to be
   therein prescribed, to repair the same, it shall with all
   convenient speed cause such defect to be removed or such
   repairs to be made.
10. The company shall be liable for any injury which may
    be sustained by any vessel or boat in passing the timber
    booms, or by contact therewith, and which may be occasioned
    by any default or neglect on the company’s part.
11. In case the company shall—
    (1.) Commit or suffer a breach of the conditions here-
    inbefore set forth, or any of them;
    (2.) Cease to use or occupy the said timber booms for
    a period of thirty days;
    (3.) Fail to pay the sums specified in clause three of
    these conditions; or
    (4.) Be in any manner wound up or dissolved,
    then and in any of the said cases this Order in Council,
    and every right, power, or privilege, may be revoked and
    determined by the Governor in Council without any notice
    to the company or other proceeding whatsoever; and pub-
    lication in the New Zealand Gazette of an Order in Council
    containing such revocation shall be sufficient notice to the
    company, and to all persons concerned or interested, that this
    Order in Council, and the rights and privileges thereby con-
    ferred, have been revoked and determined; and upon such
    revocation the Minister may cause the said timber booms
    to be removed, and may recover the costs incurred by any
    such removal from the company.
12. The construction of the timber booms shall be deemed
    to be an acceptance by the company of the conditions of
    this Order in Council.
    ALEX. WILLIS,
    Clerk of the Executive Council.
    Licensing Mrs. Elizabeth L. Smith to use and occupy a Part
    of the Foreshore of Wade River, Auckland, as a Site for
    a Wharf.
    PLUNKET, Governor.
    ORDER IN COUNCIL.
    At the Government House, at Wellington, this seventh
    day of June, 1909.
    Present :
    His Excellency the Governor in Council.
    WHEREAS, there being no Harbour Board empowered
    to grant the license hereinafter mentioned, under
    “ The Harbours Act, 1908” (hereinafter called “the said
    Act”), Mrs. Elizabeth L. Smith, of Wade (hereinafter called
    “the licensee”), has applied to the Governor in Council for
    a license under the said Act to occupy a part of the foreshore
    and land below low-water mark at Wade River, Auckland,
    in order to erect a wharf thereon; and, in accordance with
    the one-hundred-and-fiftieth section of the said Act,
    has deposited plans in the office of the Marine Depart-
    ment at Wellington, marked M.D. 3341 (two sheets), showing
    the area of foreshore and land below low-water mark in-
    tended to be occupied, and the manner in which it is pro-
    posed to erect the wharf: And whereas it has been made to
    appear to the Governor in Council that the said work will
    not be or tend to the injury of navigation, and the said
    plans have, prior to the making of this Order in Council,
    been approved by the Governor in Council: And whereas
    it is expedient that a license should be granted and issued
    to the licensee under the said Act, for the purpose aforesaid,
    on the terms and conditions hereinafter expressed:
    Now, therefore, His Excellency the Governor of the
    Dominion of New Zealand, in pursuance and exercise of the
    power and authority vested in him by the said Act, and of all
    other powers and authorities enabling him in that behalf,
    and by and with the advice and consent of the Executive
    Council of the said Dominion, doth hereby approve of the
    purpose for which the said license is required by the licensee
    as aforesaid; and, in further pursuance and exercise of
    the said power and authority, and with the like advice and
    consent as aforesaid, doth hereby license and permit the
    licensee to use and occupy that part of the foreshore and
    land below low-water mark adjacent thereto, on which the
    wharf is to be erected, as shown on the plans so deposited
    as aforesaid, for the purpose of erecting and maintaining the
    said wharf thereon; 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.
13. In these conditions the term “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.
14. 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 erection of the wharf, as shown on plans
    marked M.D. 3341.
15. In consideration of the concessions and privileges
    granted by this Order in Council, the licensee shall, on
    being supplied with a copy thereof, pay to the Minister
    the sum of two pounds ten shillings, and thereafter an annual
    sum of one pound in advance, dating from the date hereof,
    the first of such annual payments to be made on the licensee
    being supplied with a copy of this Order in Council.
16. All persons shall at all reasonable times, upon payment
    of the proper dues, have free and full liberty to use the said
    wharf, and all rights of ingress and egress thereon and
    therefrom.
17. His Majesty or the Governor, and all officers in the
    Government service acting in the execution of their duty,
    shall at all times have free ingress, passage, and egress into,
    through, and out of the said wharf without payment.
18. The licensee shall maintain the above-mentioned wharf
    in good order and repair, and shall at all times exhibit
    therefrom, and maintain at her own cost, suitable and neces-
    sary lights for the guidance of vessels: Provided that no
    light shall be exhibited until after it has been approved of by
    the Minister.
19. Any person authorised by the Minister may, at all
    reasonable times, enter upon the said wharf 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, requiring her, within a reasonable
    time, to be therein prescribed, to repair the same, she shall
    with all convenient speed cause such defect to be removed or
    such repairs to be made.
20. Nothing herein contained shall authorise the licensee
    to do or cause to be done anything repugnant to or incon-