Dec. 11. THE NEW ZEALAND GAZETTE. 3633

Licensing the Kauri Timber Company (Limited) to use
and occupy a Part of the Foreshore and Land below
Low-water Mark on the Whenuakite River, Coromandel
County, as a Site for Timber-booms.

—

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this eighth day
of December, 1913.

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”), did, in the year 1911, apply 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 on the Whenuakite River, Coromandel County, in order to construct and
maintain thereon timber-booms; and, in accordance with the
one-hundred-and-fiftieth section of the said Act, deposited
a plan in the office of the Marine Department, at Wellington
(marked M.D. 3743), showing the place where it was 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 was proposed to carry out
the work: And whereas, it having been made to appear to the
Governor in Council that the proposed work would not be or
tend to the injury of navigation, and the said plan was,
prior to the making of this Order in Council, approved by
the Governor in Council, a license under the said Act, for
the purpose aforesaid, was, on the tenth day of October,
one thousand nine hundred and eleven, granted and issued
to the company on the terms and conditions therein
expressed for a period terminating on the thirty-first day
of December, one thousand nine hundred and thirteen:

And whereas the company has made application for a
license under the said Act to occupy the said foreshore and
land below low-water mark for the purpose aforesaid for a
further period of two years from the date of expiry of the
license first hereinbefore mentioned, and it is expedient to
grant the same subject to 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
acting by 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 by 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 maintaining thereon timber-booms
constructed in accordance with the said plan, such license
to be held and enjoyed by the company 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 and land below low-water mark necessary for the
   maintenance 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 £2 10s., and thereafter an annual sum of £1 in
   advance, such annual payments to date from the 10th day of
   October, 1911, 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 up to and including
   the thirty-first December, one thousand nine hundred and
   fifteen, 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 consent 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, over, 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 authorized 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 hereinbefore 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 3 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 publication 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.

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

—

Licensing Gammans Tauranga (Limited) to occupy a Part of
the Foreshore of Tauranga Harbour as a Site for a Wharf.

—

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this eighth day
of December, 1913.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Gammans
Tauranga (Limited), (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 of the Wairoa River, Tauranga Harbour, in order to
erect and maintain thereon a wharf; and, in accordance
with the one-hundred-and-fiftieth section of the said Act,
has deposited plans in the office of the Marine Department,
at Wellington (marked M.D. 4181), showing the place where
it is intended to erect such wharf, the area of foreshore and
land below low-water mark to be occupied for such purpose,
and the manner in which it is proposed to erect the 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 plans have, prior to the
making of this Order in Council, been approved by the Governor in Council, without modification or addition: 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 set forth in the 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