732
THE NEW ZEALAND GAZETTE.
[No. 20

foreshore and land below low-water mark necessary for
the construction of the timber-booms, as shown on plan
M.D. 3464.

3. In consideration of the concessions and privileges
   granted 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 one pound, in advance, such annual payments to date
   from the date hereof, the first of such annual payments to be
   made on the company being supplied with a copy of this
   Order in Council.

4. 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, unless 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.

5. 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.

6. 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.

7. 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.

8. 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 com-
   pany 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.

9. 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.

10. In case the company 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 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
    conferred, 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.

11. The construction of the timber-booms shall be deemed
    to be an acceptance by the company of the conditions of
    this Order in Council.

J. F. ANDREWS,
Clerk of the Executive Council.

Licensing the Kauri Timber Company (Limited) to use and
occupy a Part of the Foreshore and Land below Low-
water Mark at Kerikeri, in the Bay of Islands, as a
Site for Timber-booms.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-
fourth day of February, 1910.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, the

Kauri Timber Company (Limited), of Auckland (hereinafter
called “the company”), has applied to the Governor in
Council for a license under “The Harbours Act, 1908”
(hereinafter called “the said Act”), to occupy a part of the
foreshore and land below low-water mark at Kerikeri, in the
Bay of Islands County, in order to construct and maintain
thereon timber-booms; and, in accordance with the one-
hundred-and-fiftieth section of the said Act, has deposited a
plan in the office of the Marine Department, at Wellington
(marked M.D. 3466), showing the place where it is intended
to construct such timber-booms, the area of foreshore and
land below low-water mark intended to be occupied for such
purpose, and the manner in which it is proposed to carry out
the work: And whereas it has been made to appear to the
Governor in Council that the proposed work will not be or
tend to the injury of navigation, and the said plan has,
prior to the making of this Order in Council, been approved
by the Governor in Council: And whereas it is expedient
that a license under the said Act, for the purpose aforesaid,
should be granted and issued to the company 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
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 accordance
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
   granted 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 one pound in advance, such annual payments to date
   from the date hereof, the first of such annual payments 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, unless 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, with-
   out 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 com-
   pany 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.