APRIL 30.] THE NEW ZEALAND GAZETTE. 1141

Instalments by which such capital value (with interest thereon) is payable, and the due dates on such instalments :—
By payment of £ on the date of the sale, and then by half-yearly instalments of £ each, in advance, in respect of combined capital and interest the first instalment (being for the half-year commencing on the first day of , one thousand nine hundred and twenty- ), having been duly paid, and the subsequent instalments being payable on the first day of July and the first day of January in each year in the same manner as rent.

……………, Commissioner of Crown Lands.

Signed by the Commissioner on behalf of the lessor in the presence of—[Witness, occupation, address.]

……………, Lessee.

Signed by the above-named , as lessee, in the presence of—[Witness, occupation, address.]

SECOND SCHEDULE.

SUBDIVISION OF MOUMAHAKI STATE FARM.

Block VIII, Wairoa Survey District.

Lot 1 on plan No. 73/26w, deposited in the office of the Chief Surveyor at Wellington, containing 137 acres 1 rood; upset annual rental, £275. Weighted with buildings valued at £100, which sum shall be payable in cash at the time of the sale. Also weighted with the sum of £160 being the value of the kahikatea bush on the section, and which sum must be paid in cash before possession of the section is given.

Lot 2 on the same plan, containing 108 acres 1 rood 35 perches; upset annual rental, £175. Weighted with buildings valued at £280, which sum shall be repayable in ten years by half-yearly instalments of £18 2s. 7d.

Lot 3 on the same plan, containing 176 acres 3 roods 31 perches; upset annual rental, £230. Weighted with buildings valued at £645, which sum shall be repayable in twenty-one years by half-yearly instalments of £25 3s. 2d. On this section there are certain buildings which do not go with the property, and the right is reserved to enter upon the land and remove same at any time within six months from the date of the sale.

Lot 4 on the same plan, containing 189 acres 2 roods 22 perches; upset annual rental, £300. Weighted with buildings valued at £885, which sum shall be repayable in twenty-one years by half-yearly instalments of £34 10s. 4d. On this section there are certain buildings which do not go with the property, and the right is reserved to enter upon the land and remove same at any time within six months from the date of the sale.

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

Licensing Henry James Slade to use and occupy a Part of the Foreshore at Hoanga, on the Northern Wairoa River, Kaipara Harbour, as a Site for a Wharf.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 24th day of April, 1925.

Present:

THE HONOURABLE SIR FRANCIS BELL PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Henry James Slade, of Hoanga, Dargaville (who with his executors, administrators, 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 at Hoanga, Northern Wairoa River, as a site for a wharf, to be built in the position and in accordance with plan marked M.D. 6003, 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 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 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 foreshore on which the said wharf is to be erected, as shown on plan marked M.D. 6003 deposited as aforesaid, for the purpose of maintaining the said structure therein, 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 and terms—
   “Foreshore” means such part 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 wharf as shown on the plan marked M.D. 6003.

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 first of such yearly payments 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 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 said wharf, and all rights of ingress and egress thereon and therefrom.

6. The licensee shall maintain the above-mentioned wharf 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 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 address of the licensee in New Zealand a notice in writing of any defect or want of repair in such wharf, requiring the licensee, within a reasonable time to be therein prescribed, to repair the same, the licensee shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorize the licensee to do or cause to be done anything repugnant to or inconsistent with any law relating to the Customs, or with any provisions of the Harbours Act, 1923, or its amendments, or any regulations made thereunder, and that are now or may hereafter be in force.

9. The ballast of all vessels loading at the said wharf shall be taken away by the licensee 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.

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 1st day of April, 1925, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the licensee 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, and the licensee may be required to remove the wharf, at the licensee’s cost, without payment of any compensation whatever, on giving to the licensee 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 licensee in New Zealand.

12. The licensee shall be liable for any injury which the said wharf may cause any vessel or boat to sustain through any default or neglect on the licensee’s part.