SEPT. 21.] THE NEW ZEALAND GAZETTE. 2813

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
that part of the foreshore on which the shop is to be
erected, as shown edged in red on sheet 1 of the plans
so deposited as aforesaid, for the purpose of erecting and
maintaining the said shop thereon, 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 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.

2. The concessions and privileges conferred by this
   Order in Council shall extend and apply only to the part
   of the foreshore necessary for the construction of the
   shop at Kohukohu, Hokianga River, as shown edged
   in red on plan marked M.D. 3715 (sheet 1).

3. In consideration of the concessions and privileges
   granted by this Order in Council, the licensees 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 three pounds ten shillings, in advance,
   dating from the date hereof, the first of such annual pay-
   ments to be made on the licensees being supplied with a
   copy of this Order in Council.

4. 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 shop without payment.

5. The licensees shall maintain the above-mentioned shop
   in good order and repair.

6. Any person authorized by the Minister may at all
   reasonable times enter upon the said shop 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 shop, requiring them, within a reasonable
   time, to be therein prescribed, to repair the same, they
   shall with all convenient speed cause such defect to be
   removed or such repairs to be made.

7. Nothing herein contained shall authorize the licensees
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any
   regulation of the Minister of Customs, or with any pro-
   visions of the Harbours Act, 1908, or its amendments,
   or any regulations made thereunder, and that are now or
   may hereafter be in force.

8. The rights, powers, and privileges conferred by or
   under this Order in Council shall continue to be in force
   for fourteen years from the date hereof, 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 previous
   written consent of the Minister first obtained.

9. 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 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.

10. In case the licensees 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 shop for a period
    of thirty days;
    (3.) Become bankrupt, or be in any manner brought
    under the operation of any Act for the time being
    in force relating to bankruptcy; or
    (4.) Fail to pay the sums 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 licensees 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 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.

11. The erection of the shop shall be sufficient evidence
    of the acceptance by the licensees of the terms and con-
    ditions of this Order in Council.

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

Licensing the Hobson County Council to use and occupy
a Part of the Foreshore at Tangaihi, in Kaipara Har-
bour, for a Wharf-site.

ISLINGTON, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this nineteenth
day of September, 1911.

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”), the Hobson County Council (hereinafter called
“the Council”) 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 Tangaihi, in
Kaipara Harbour, in order to erect and maintain a wharf
thereon; 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. 3727), showing the area of foreshore and land below
low-water mark intended to be occupied and the manner
in which it is proposed to erect the said wharf: 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 should be granted and issued to the Council under
the said Act for the purpose last 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 ap-
prove of the object for which the said license is required by
the Council 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 Council to use and occupy that part of the fore-
shore and land below low-water mark on which the said
wharf is to be erected, as shown on the plan M.D. 3727 so
deposited as aforesaid, for the purpose of erecting and main-
taining the said wharf; such license to be held and en-
joyed by the Council 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 autho-
   rity 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 erection of the said wharf, as shown on
   plan marked M.D. 3727.

3. All persons shall, at all reasonable times, upon pay-
   ment of the proper dues, have free and full liberty to use
   the said wharf, and all rights of ingress and egress thereon
   and therefrom.

4. 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.

5. The Council shall maintain the above-mentioned
   wharf in good order and repair; and shall at all times
   exhibit therefrom and maintain at its own cost suitable
   and necessary lights for the guidance of vessels: Provided
   that no light shall be exhibited until after it has been ap-
   proved of by the Minister.

6. Any person authorized 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 Council in
   New Zealand a notice in writing of any defect or want
   of repair in such wharf, 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.

7. Nothing herein contained shall authorize the Council
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regu-
   lation of the Minister of Customs, or with any provisions of
   the Harbours Act, 1908, or its amendments, or any regu-
   lations made thereunder, and that are now or may here-
   after be in force.

8. The ballast of all vessels loading at the said wharf
   shall be taken away by the Council and deposited above
   high-water mark, or at such place as may be approved of