FEB. 12.] THE NEW ZEALAND GAZETTE. 521
Licensing the Parenga Kauri Oils Company (Limited) to use
and occupy a Part of the Foreshore at Te Kopuru as a Site
for Wharves, and prescribing Dues for their Use.
CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 9th day of
February, 1925.
Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.
WHEREAS by Order in Council dated the twenty-first
day of December, one thousand nine hundred and
fourteen, and published in the New Zealand Gazette No. 1,
of the seventh day of January following, the Kauri Timber
Company (Limited), of Auckland, was licensed to use and
occupy parts of the foreshore and land below low-water
mark at Te Kopuru, in Kaipara Harbour, as shown on
plans marked M.D. 2038, 2179, and 2420 respectively, and
deposited in the office of the Marine Department at Wel-
lington, in order to erect thereon wharves, as shown on the
plans so deposited as aforesaid, for a term of five years, com-
puted from the twenty-first day of December, one thousand
nine hundred and fourteen:
And whereas the Kauri Timber Company, in the year one
thousand nine hundred and nineteen, made application for
a fresh license and the same was granted for a term of five
years:
And whereas the said license was, with the consent of the
Minister of Marine, transferred to the Parenga Kauri Oils
Company (Limited), who, with its successors and assigns, is
hereinafter called "the company":
And whereas the company has made application for a
fresh license under the Harbours Act, 1923 (hereinafter
called "the said Act"), for a further term of five years,
computed from the expiry of the term of the above-mentioned
license, and it is expedient to grant the same for the term
and subject to the conditions hereinafter expressed, and to
prescribe the dues and rates to be charged and taken for
the use of the said wharves:
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 those parts of the
foreshore and land below low-water mark immediately
contiguous thereto, which are particularly shown and de-
lineated on the plans so deposited as aforesaid, for the purpose
of using the aforesaid wharves 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 First
Schedule hereto; and doth hereby prescribe that the dues
and rates set forth in the Second Schedule hereto shall be
charged and taken for the use of the said wharves, or any
of them.
FIRST SCHEDULE.

1. In these conditions the term--
   (a.) "Foreshore" means such parts of the bed, shore, or
   banks of a tidal water as are covered and uncovered
   by the flow and ebb of the tide at ordinary spring
   tides:
   (b.) "Low-water mark" means low-water mark at ordinary
   spring tides:
   (c.) "Minister" means the Minister of Marine as defined
   by the Shipping and Seamen Act, 1908, and in-
   cludes 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 parts of the
   foreshore occupied by the said wharves, as shown on plans
   marked M.D. 2038, 2179, and 2420.
3. In consideration of the concessions and privileges
   granted by this Order in Council the company shall pay to
   the Minister the sum of £2 10s., and thereafter an annual
   sum of £6 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 21st day of December, 1924,
   until the 31st day of March following, to be paid on the
   company being supplied with a copy of this Order in Council.
4. All persons shall at all reasonable times, upon payment
   of the proper dues, have free and full liberty to use the said
   B
   wharves, 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 wharves without payment.
6. The company shall maintain the above-mentioned
   wharves in good order and repair, and shall at all times
   exhibit therefrom, and maintain at the company's 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. The company shall clear all trucks and trollies off the
   tramways on the wharves at the close of each day's work.
8. Any person authorized by the .Minister may at all
   reasonable times enter upon the said wharves 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 wharves, requiring the company, within a
   reasonable time to be therein prescribed, to repair the same,
   the company shall with all convenient speed cause such
   defect to be removed or such repairs to be made.
9. Nothing herein contained shall authorize the company
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, at any regula-
   tion of the Minister of Customs, or with any provisions of
   the Harbours Act, 1923, or its amendments, or any regula-
   tions made thereunder, and that are now or may hereafter
   be in force.
10. The ballast of all vessels loading at the said wharves
    shall be taken away by the company 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.
11. The rights, powers, and privileges conferred by or
    under this Order in Council shall continue to be in force for
    five years from the 21st day of December, 1924, 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.
12. 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.
13. The company shall be liable for any injury which the
    said wharves, or any of them, may cause any vessel or boat
    to sustain through any default or neglect on the company's
    part.
14. 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 wharves 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 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.
15. In the event of this Order in Council being revoked
    for any reason whatsoever, or upon the expiry of the period
    for which the license is granted, the company shall, if
    required by the Minister so to do, remove the said wharves
    entirely from the sites and restore the sites to their original
    condition within three months from the date or revocation
    or expiry, as the case may be; and, if the company fails to
    do so, the Minister may cause the said wharves to be removed
    and the sites so restored, and may recover the costs incurred
    by the said removal and restoration from the company.
    SECOND SCHEDULE.
    On every vessel under 20 tons register lying alongside s. d.
    the wharf, for each day or part of a day.. .. 1 0
    On every vessel under 20 tons register, for every day
    or part of a day that such vessel lies alongside a
    vessel lying at the wharf .. .. .. .. .. 0 6