Feb. 26.] THE NEW ZEALAND GAZETTE. 627

“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 necessary for the
   purpose aforesaid, as shown on plan M.D. 5950.

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 £10 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 follow-
   ing, to be paid on the company being supplied with a copy of
   this Order in Council.

4. 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 with-
   out the previous written consent of the Minister first obtained.

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, over, and out of the said site without payment.

6. The said rights, powers, and privileges may be at any
   time resumed by the Governor-General, and the company
   may be required to clear the site at the company’s 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 regis-
   tered office of the company in New Zealand.

7. The company shall maintain the above-mentioned site
   for the stacking and floating of timber in good order and
   repair, and shall at all times exhibit therefrom, and maintain
   at the company’s 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.

8. The company shall keep the waterway of the river clear
   of all debris produced by the company’s workings.

9. The company shall make provision for the safe and
   expeditious passage of vessels and boats through the said
   waterway.

10. Any person authorized by the Minister may at all
    reasonable times enter upon the said site 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 on such site, requiring the company within a reasonable
    time, to be therein prescribed, to repair the same, the com-
    pany 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 through the
    site, 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 site 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-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.

13. 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 re-
    quired by the Minister so to do, clear the said site entirely
    and restore the said site to its original condition within three
    months from the date of revocation or expiry, as the case
    may be; and, if the company fails to do so, the Minister may
    cause the said site to be cleared and the site so restored, and
    may recover the costs incurred by the said removal and
    restoration from the company.

14. The occupation of the site shall be deemed to be an
    acceptance by the company of the conditions of this Order
    in Council.

F. D. THOMSON,
Clerk of the Executive Council.

C

Licensing Charles Chambers to use and occupy a Part of the
Foreshore of Rocky (Omiha) Bay, Waiheke Island, as a Site
for a Boat-shed and Slip.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 23rd day of
February, 1925.

Present:

His Excellency the Governor-General in Council.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Charles
Chambers, of Auckland (who with his executors, adminis-
trators, and assigns is hereinafter referred to as “the licensee”),
has applied to the Governor-General in Council for a license
under the Harbours Act, 1923 (hereinafter called “the said
Act”), to occupy a part of the foreshore of Rocky (Omiha)
Bay, Waiheke Island, as a site for a boat-shed and slip, to be
built in the position and in accordance with plan marked
M.D. 5877 (sheets 1 and 2), and deposited in the office of the
Marine Department at Wellington:

And whereas it has been made to appear to the Governor-
General in Council that the work will not be or tend to the
injury to 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 should be granted
and issued to the licensee 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 conferred upon 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 fore-
shore on which the said boat-shed and slip is to be erected,
as shown on plan marked M.D. 5877 deposited as aforesaid,
for the purpose of maintaining the said structure thereon,
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—
   “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:
   “Low-water mark” means low-water mark at ordinary
   spring tides:
   “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 occupied by the said boat-shed and slip as shown on
   the plan marked M.D. 5877 (sheet 1).

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, payable on the 1st day of April each year, the
   proportionate part of such rental in respect of the period
   from the date hereof until the 31st of March following to be
   paid on the licensee 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 boat-shed and slip without
   payment.

5. All persons shall, at all reasonable times, and upon pay-
   ment of the proper dues, have free and full liberty to use
   the said boat-shed and slip, and all rights of ingress and
   egress thereon and therefrom.

6. The licensee shall maintain the above-mentioned boat-
   shed and slip in good order and repair, and shall at all times
   exhibit therefrom, and maintain at the licensee’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. Any person authorized by the Minister may at all reason-
   able times enter upon the said boat-shed and slip and view the
   state of repair thereof; and upon such Minister leaving at or