Oct. 12.] THE NEW ZEALAND GAZETTE. 2731

10. The company shall be liable for any injury which the
    said booms may cause any vessel or boat to sustain through
    any default or neglect on its part.
11. 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 booms for a period of
    thirty days ;
    (3.) Be in any manner wound up or dissolved; or
    (4.) Fail to pay the sums specified in clause 3 of these
    conditions,
    then and in any such case this Order in Council, and every
    license, right, power, or privilege thereby conferred, may be
    revoked and determined by the Governor-General 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 license, rights, and
    privileges thereby granted and conferred, have been revoked
    and determined.
    F. D. THOMSON,
    Clerk of the Executive Council

Licensing the Kaipara Co-operative Dairy Factory Company
(Limited) to use and occupy a Part of the Foreshore of the
Kaipara River as a Site for a Wharf.

JELLICOE, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 9th day of
October, 1922.
Present:
His Excellency the Governor-General in Council
WHEREAS by Order in Council dated the twelfth day
of October, one thousand nine hundred and eight,
and published in the New Zealand Gazette No. 81, of the
twenty-second day of the same month, the Coulthard Timber
Company (Limited), of Auckland, was licensed to use and
occupy a part of the foreshore and land below low-water
mark in the Kaipara River, as shown on plans marked M.D.
696 and 697, and deposited in the office of the Marine Department at Wellington, in order to erect thereon a wharf, as
shown on the plans so deposited as aforesaid, for a term of
fourteen years, computed from the twelfth day of October,
one thousand nine hundred and eight :
And whereas the said Order in Council of the twelfth day
of October, one thousand nine hundred and eight, was amended
by Order in Council of the twentieth day of January, one
thousand nine hundred and thirteen, in so far that the license
to occupy the boom-site was cancelled, and the annual rental
was reduced from two pounds to one pound :
And whereas the said license was, with the consent of the
Minister of Marine, transferred to the Kaipara Co-operative
Dairy Factory Company (Limited), (hereinafter called “the
company”) :
And whereas, the said license having expired, the company
has made application for a fresh license under the Harbours
Act, 1908 (hereinafter called “the said Act”), for a term
of fourteen years, computed from the expiry of the abovementioned license, and it is expedient to grant the same
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 company 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 company to use and occupy that part of
the foreshore, and land below low-water mark immediately
contiguous thereto, which is particularly shown and delineated
on the plans so deposited as aforesaid, for the purpose of using
the aforesaid wharf in connection therewith, 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 granted 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, as shown on plans marked M.D. 696 and 697.
3. 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, payable on
the 1st day of April in each year, the proportionate part of
such annual rental in respect of the period from the date
hereof until the 31st day of March following to be paid on
the company being supplied with a copy of this Order in
Council.
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. All persons shall at all reasonable times, and upon
payment of the proper dues, have free and full liberty to use
the above-mentioned wharf, and all rights of ingress and
egress thereto and therefrom.
6. The company 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 approved of by the
Minister.
7. 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 registered office of the company 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.
8. The ballast of all vessels loading at the said wharf shall
be taken away by the licensee and deposited above highwater 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. Nothing herein contained shall authorize the company
to do or cause to be done anything repugnant to or inconsistent with any law relating to the Customs, or any regulation 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.
10. The rights, powers, and privileges conferred by or
under this Order in Council shall continue to be in force
for fourteen years from the 12th day of October, 1922, 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 written consent
of the Minister first obtained.
11. 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 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 registered office of the company in New Zealand.
12. The company 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.
13. 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 wharf for a period of
thirty days ;
(3.) Be in any manner wound up or dissolved ; or
(4.) Fail to pay the sums specified in clause 3 of these
conditions,—
then and in either of the said cases this Order in Council,
and every license, right, power, or privilege, may be revoked
and determined by the Governor-General 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 license, rights, and
privileges thereby granted and conferred, have been revoked
and determined.
F. D. THOMSON,
Clerk of the Executive Council.