JAN. 30.]
THE NEW ZEALAND GAZETTE.
217

Licensing the Opotiki County Council to use and occupy a
Part of the Foreshore and Land below Low-water Mark at
Kutarere, Bay of Plenty, as a Site for a Wharf.

LIVERPOOL, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this twenty-first
day of January, 1919.

Present:
THE HONOURABLE SIR JAMES ALLEN, K.C.B., PRESIDING
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
Opotiki County Council (hereinafter called "the Council")
has applied to the Governor-General in Council for a license
under the said Act to occupy a part of the foreshore and
land below low-water mark at Kutarere, Bay of Plenty,
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. 5007), 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-
General 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-General 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
aforesaid, on the terms and 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 be-
half, and acting 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 plan M.D. 5007 so de-
posited as aforesaid, for the purpose of erecting and main-
taining the said wharf in accordance with the said plan;
such license to be held and enjoyed by the Council 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 adjacent thereto,
   necessary for the erection of the said wharf, as shown on the
   plan marked M.D. 5007.

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

4. 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 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 neces-
   sary lights for the guidance of vessels; provided that no
   light shall be exhibited until after it has been approved
   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

B
sistent with any law relating to the Customs, or any regula-
tion of the Minister of Customs, or with any provisions 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 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 by the
   Minister, or by any person appointed by the Minister for
   that purpose.

9. The rights, powers, and privileges conferred by or under
   this Order in Council shall continue to be in force for four-
   teen years from the date thereof, unless in the meantime
   such rights, powers, and privileges shall be altered, modified,
   or revoked by a subsequent Order in Council, 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.

10. The said rights, powers, and privileges may be at any
    time resumed by the Governor-General, 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
    in New Zealand.

11. The Council shall be liable for any injury which the
    said wharf may cause any vessel or boat to sustain through
    any default or neglect on its part.

12. In case the Council shall-
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them;
    or
    (2.) Cease to use or occupy the said wharf for a period
    of thirty days,
    then and in either 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 Council 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
    Council, 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 de-
    termined.

13. The erection of the said wharf shall be sufficient evidence
    of the acceptance by the Council of the terms and conditions
    of this Order in Council.

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

Licensing Otamatea Lime Company (Limited) to use and
occupy a Part of the Foreshore and Land below Low-water
Mark of Pahi River, Kaipara Harbour, as a Site for a
Wharf.

LIVERPOOL, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this twenty-first
day of January, 1919.

Present:
THE HONOURABLE SIR JAMES ALLEN, K.C.B., PRESIDING
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
Otamatea Lime Company (Limited), of Paparoa (hereinafter
called "the company), 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 of
Pahi River, Kaipara Harbour, as shown on plan marked
M.D. 4993, and deposited in the office of the Marine Depart-
ment at Wellington, in order to maintain a wharf thereon:

And whereas it has been made to appear to the Governor-
General in Council that the said wharf 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-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 company 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 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