2424
THE NEW ZEALAND GAZETTE.
No. 93

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 those parts of the
foreshore and land below low-water mark which are particu-
larly shown and delineated on the plan M.D. 4934, so de-
posited 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 those parts 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 £2 10s., and thereafter an annual sum of £2 in
   advance, being an annual sum of £1 in respect of the booms
   in each river, dating 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
   from the date hereof, 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-General, 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-General, 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 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 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. In respect of the Waikare River the company shall at
   all times use all reasonable despatch in collecting the logs
   and rafting them into the lower booms, and shall at all times
   keep a passage clear through the booms for boat traffic up
   and down the river.

10. 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.

11. 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.

12. 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 3 of these
    conditions; or
    (4.) Be at any time 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-General in Council without any
    notice to the company or other proceedings 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.

13. 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 Richard Robert Hunt to use and occupy a Part of
the Foreshore and Land below Low-water Mark at Paritu
Point, Moehau, Coromandel, as a Site for a Wharf and
Hopper.

LIVERPOOL, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this twenty-fourth
day of June, 1918.

Present:

His Excellency the Governor-General 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”),
Richard Robert Hunt, of Auckland (hereinafter called “the
licensee”), has applied to the Governor-General in Council
for a license under the said Act to use and occupy a part
of the foreshore and land below low-water mark at Paritu
Point, Moehau, Coromandel, as shown on plans marked
M.D. 4937 (sheets 1 and 2), and deposited in the office of the
Marine Department at Wellington, in order to erect and
maintain a wharf and hopper thereon:

And whereas it has been made to appear to the Governor-
General in Council that the said wharf and hopper will not
be or tend to the injury of navigation, and the said plans
marked M.D. 4937 have, prior to the making of this Order in
Council, been approved by the Governor-General in Council:

And whereas it is desirable that a license under the said
Act, for the purpose aforesaid, should be granted and issued
to the licensee for the term and subject to the conditions
hereinafter expressed:

Now, therefore, His Excellency the Governor-General 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 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 the low-water mark adjacent thereto,
necessary for the erection and maintenance of the said wharf
and hopper, 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.

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 that part of the
   foreshore and land below low-water mark occupied by the
   said wharf and hopper as shown on plans marked M.D. 4937.

3. In consideration of the concessions and privileges granted
   by this Order in Council the licensee shall pay to the Minister
   the sum of £2 10s., and thereafter an annual sum of £2 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.

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

5. His Majesty or the Governor-General, 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 and hopper with-
   out payment.

6. The licensee shall maintain the above-mentioned wharf
   and hopper in good order and repair, and shall at all times
   exhibit therefrom, and maintain at his 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.