Feb. 9.] THE NEW ZEALAND GAZETTE. 513

erected in accordance with the said plan, such license to be held and enjoyed by the Council upon and subject to the following terms and conditions, that is to say :—

1. The concessions and privileges conferred by this Order in Council shall extend and apply only to the part of the foreshore and of the land below low-water mark required for the maintenance of the baths as shown and delineated on the plan so deposited as aforesaid.

2. The foreshore and tidal land included in this license shall be used solely for bathing purposes.

3. In consideration of the concessions and privileges conferred by this Order in Council the Council shall, on being supplied with a copy thereof, pay to the Minister an annual rental of one shilling payable on demand.

4. The Council shall, during the subsistence of this Order in Council, provide and maintain proper and sufficient baths, with all necessary appliances and conveniences thereto, as will enable the public to use and enjoy the same, and all other advantages hereby conferred in respect of the use and occupation of the foreshore and land below low-water mark, and with or without any charge for the same, and under such regulations for the decent and orderly use thereof as the Council may make; provided that no such charge as aforesaid shall be made until after the same has been approved by the Minister.

5. A printed copy of the regulations affecting the use of the said baths, and advantages as aforesaid, shall be put up by the said Council in such baths.

6. The rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years, computed from the first day of January, one thousand nine hundred and eleven, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the Council shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

7. The said rights, powers, and privileges may be at any time resumed by the Governor, without payment of any compensation whatever, on giving to the Council 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 Council.

8. In case the Council shall—
   (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them; or
   (2.) Cease to provide or maintain the said baths for the use of the public for bathing purposes; or
   (3.) Fail to pay the sum specified in clause three of these conditions,

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 Council or other proceeding whatsoever; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to the Council, and to all persons concerned or interested, that this Order in Council, and the rights and privileges thereby conferred, have been revoked and determined.

9. 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.

J. F. ANDREWS,
Clerk of the Executive Council

Licensing Occupation of Foreshore in Whangaroa Harbour.

ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this second day of February, 1911.

Present:

THE HONOURABLE J. A. MILLAR PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the licenses hereinafter mentioned under the Harbours Act, 1908 (hereinafter called “the said Act”), the persons named in the first column of the First Schedule hereto (hereinafter called “the licensees”) have applied to the Governor in Council for licenses under the said Act to occupy the parts of the foreshore, and of the land below low-water mark adjacent thereto, in Whangaroa Harbour, as described in the second column of the First Schedule hereto, and shown on plan marked M.D. 2294, which has been deposited in the office of the Marine Department, at Wellington, for the purposes specified in the third column of the First Schedule hereto: And whereas the Governor in Council has approved of the purposes for which the said foreshore and land below low-water mark are to be occupied: And whereas it is expedient that licenses should be granted and issued to the licensees under the said Act for the purposes aforesaid, on the terms and conditions set forth in the Second Schedule hereto:

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 purposes for which the said licenses are required by the licensees 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 licensees to use and occupy the parts of the foreshore and of the land below low-water mark as shown on the plan so deposited as aforesaid, for the purpose of maintaining thereon the works described in the third column of the First Schedule hereto which have been erected in accordance with the said plan marked M.D. 2294; such licenses to be held and enjoyed by the licensees at the annual rentals specified in the fourth column of the First Schedule hereto, and subject to the terms and conditions set forth in the Second Schedule hereto.

FIRST SCHEDULE.

SECOND SCHEDULE.

CONDITIONS.

1. In these conditions the term “Minister” means the Minister of Marine, as defined by the Shipping and