1522 THE NEW ZEALAND GAZETTE. [No. 38

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 :
   "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.
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 necessary for the
   erection of the said shop as shown on the plan marked
   M.D. 3715 (sheet 1), and deposited in the office of the
   Marine Department as aforesaid.
3. In consideration of the concessions and privileges granted
   by this Order in Council, the licensees shall pay to the
   Minister the sum of £2 10s., and thereafter an annual sum of
   £5 in advance, payable on the first day of April in each
   year, the first of such annual payments to be paid on the
   licensees being supplied with a copy of this Order in Council.
4. His Majesty or the Governor-General, and all persons in
   the Government service acting and in the execution of their
   duties, shall at all times have free ingress, passage, and egress
   into, through, over, and out of the said shop without pay-
   ment.
5. The licensees shall maintain the above-mentioned shop
   in good order and repair.
6. Any person authorized by the Minister may at all
   reasonable times enter upon the said shop and view the
   state of repair thereof ; and upon such Minister leaving at
   or posting to the last-known address of the licensees in New
   Zealand a notice in writing of any defect or want of repair
   in such shop, requiring the licensees within a reasonable
   time, to be therein prescribed, to repair the shop, the
   licensees shall with all reasonable speed cause such defect
   to be removed or such repairs to be made.
7. Nothing herein contained shall authorize the licensees
   to do or cause to be done anything repugnant to or incon-
   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, 1923, or its amendments, or any regula-
   tions made thereunder and that are now or may hereafter
   be in force.
8. The rights, powers, and privileges conferred by or
   under this Order in Council shall continue in force for
   fourteen years from the 1st of April, 1925, unless in the
   meantime such rights, powers, and privileges shall be altered,
   modified, or revoked by competent authority ; and the
   licensees shall not assign, charge, or part with any such
   right, power, or privilege without the written consent of
   the Minister first obtained.
9. The said rights, powers, and privileges may be at any
   time resumed by the Governor-General, and the licensees
   may be required to remove the shop at the licensees' own
   cost, without payment of any compensation whatever, on
   giving to the licensees 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 licensees in New Zealand.
10. The licensees shall be liable for any injury which the
    said shop may cause any vessel or boat to sustain through
    any default or neglect on the licensees' part.
11. In case the licensees 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 shop for a period of
    thirty days ;
    (3.) Fail to pay the sums specified in clause 3 of these
    conditions ; or
    (4.) Become bankrupt, or be brought under the operation
    of any law for the time being in force relating to
    bankruptcy,—
    then and in any of the said cases 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 licensees or other proceed-
    ings whatever ; and publication in the New Zealand Gazette
    of an Order in Council containing such revocation shall be
    sufficient notice to the licensees 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.
12. 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 licensees shall, if required
    by the Minister so to do, remove the said shop entirely from
    the site and restore the site to its original condition within
    three months from the date of revocation or expiry, as the
    case may be ; and, if the licensees fail so to do, the Minister
    may cause the said shop to be removed and the site so restored,
    and may recover the costs incurred by the said removal and
    restoration from the licensees.
13. The occupation of the said shop shall be sufficient
    evidence of the acceptance by the licensees of the terms
    and conditions of this Order in Council.

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

Licensing the New Zealand Co-operative Dairy Company (Limited) to use and occupy a Part of the Foreshore at Netherton, on the Waihou River, Thames, as a Site for Wharves.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 18th day of
May, 1925.
Present :
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by Order in Council dated the eighth day
of April, one thousand nine hundred and eleven, and
published in the New Zealand Gazette No. 34, of the twenty-
seventh day of the same month, the Thames Valley Co-
operative Dairy Company (Limited) was licensed to use and
occupy a part of the foreshore and land below low-water
mark at Netherton, on the Waihou River, Thames, as shown
on plan marked M.D. 3635 deposited in the office of the
Marine Department at Wellington, in order to erect and main-
tain wharves thereon, to be erected in accordance with plan
M.D. 3635, deposited as aforesaid, for the term of fourteen
years, computed from the eighth day of April, one thousand
nine hundred and eleven, on the terms and conditions therein
expressed :
And whereas the said license has been, with the consent
of the Minister of Marine, transferred to the New Zealand
Co-operative Dairy Company (Limited), who with its succes-
sors and assigns is hereinafter referred to as " the company " :
And whereas the company has applied for a fresh license
under the Harbours Act, 1923 (hereinafter called " the said
Act "), for a further term of seven years, and it is advisable
to grant the same :
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 pur-
suance 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 on which
the said wharves are erected, as shown on the plan M.D. 3635
so deposited as aforesaid, for the purpose of erecting and
maintaining the said wharves ; 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—
   " 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 the part of the
   foreshore and land below low-water mark necessary for the
   erection of the said wharves as shown on the plan marked
   M.D. 3635, and deposited in the office of the Marine Depart-
   ment as aforesaid.
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