May 21.] THE NEW ZEALAND GAZETTE. 1523
£5 in advance, payable on the first day of April in each year,
the first of such payments to be made 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
   wharves and all rights of ingress and egress thereon and
   therefrom.

5. 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 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. 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
   wharves, the company shall with all reasonable speed cause
   such defect to be removed or such repairs to be made.

8. 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, 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 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.

10. The rights, powers, and privileges conferred by or
    under this Order in Council shall continue in force for
    seven 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 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, and the company
    may be required to remove the wharves 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
    office of the company in New Zealand.

12. The company shall be liable for any injury which the
    said wharves or either of them may cause any vessel or boat
    to sustain through any default or neglect on the company's
    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 wharves 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 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 proceedings
    whatever; 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.

14. 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 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 company fails so to do, the
    Minister may cause the said wharves to be removed and the
    site so restored, and may recover the costs incurred by the
    said removal and restoration from the company.

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

Licensing McCallum Brothers, of Auckland, to occupy a Part
of the Foreshore and Land below Low-water Mark at Omaha,
Hauraki Gulf, for the Purpose of erecting Plant thereon
and taking Shingle.

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, there being no Harbour Board empowered
to grant the license hereinafter mentioned, William
Fraser McCallum, Alexander Fraser McCallum, Archibald
McCallum, and Daniel Fraser McCallum, of Auckland, trading
under the style or title of " McCallum Brothers" (hereinafter
called “the licensees”), have applied to the Governor-General
in Council for a license under the Harbours Act,
1923 (hereinafter called “the said Act”), to use and occupy
a part of the foreshore and land below low-water mark at
Omaha, Rodney County, for the purpose of erecting a plant
thereon and taking away the shingle deposited thereon;
and, in accordance with the provisions of the said Act, have
deposited a plan in the office of the Marine Department at
Wellington (marked M.D. 6018), showing the area of foreshore
and land below low-water mark intended to be occupied for
such purpose:
And whereas it is desirable to grant the license applied
for:
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 licensees 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 licensees to use and occupy that part of the foreshore
and land below low-water mark which is particularly
shown and delineated within a red line on the plan so deposited
as aforesaid, for the purpose of taking away the shingle
deposited thereon, such license to be held and enjoyed by
the licensees 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 Seaman
   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
   purposes hereinbefore mentioned, as shown within a red line
   in the plan marked M.D. 6018, 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, on being supplied
   with a copy thereof, pay to the Minister the sum of £2 10s.
   and thereafter shall deposit annually the sum of £50 to be
   applied as hereinafter provided, payable on the 1st day of
   April in each year; provided that in respect of the period
   from the date of this Order in Council until the 31st day
   of March, 1926, the amount to be deposited shall be an
   amount proportionate to the said period at the rate of fifty
   pounds (£50) per annum, to be deposited on the licensees
   being supplied with a copy of this Order in Council.

4. The royalty payable by the licensees in consideration
   of the concessions and privileges hereby granted shall be at
   the rate of ls. 6d. per cubic yard on all shingle taken from
   either the reserve or from below high-water mark. If in any
   year the licensees fail to remove any shingle the deposit
   hereinbefore referred to shall be appropriated by the Minister
   as flat rent in respect of that year; but if during any year
   the licensees remove any shingle the deposit shall, in proportion
   to the amount of shingle so removed, be applied as
   royalty at the rate hereinbefore mentioned, but so that the
   minimum amount payable as combined royalty and flat rent
   in any one complete year shall be fifty pounds (£50). All
   such payments shall be made to the Superintendent of Mercantile
   Marine at Auckland, or such other person as the
   Minister may direct.

5. His Majesty or the Governor-General, and all other
   officers in the Government Service acting in the execution of