Nov. 19.]

Extending Time for holding Election of Trustees for Kawa
Drainage District.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 10th day
of November, 1925.
Present :

THE HONOURABLE J. G. COATES PRESIDING IN COUNCIL.
WHEREAS by section ten of the Land Drainage Act,
1908, it is provided that on the first Monday in the
month of November in the year following the year in which
the first trustees for any drainage district are elected, and
on the same day in each succeeding third year thereafter, an
election of trustees for each district shall be held:
And whereas an election of trustees for the Kawa Drainage
District should have been held on the third day of November,
one thousand nine hundred and twenty-four:
And whereas it is expedient to extend the time for holding
such election of trustees for the Kawa Drainage District:
Now, therefore, His Excellency the Governor-General of
the Dominion of New Zealand, in exercise of the powers and
authorities vested in him by section twenty-two of the Land
Drainage Amendment Act, 1922, and of all other powers in
anywise enabling him in this behalf, and acting by and with
the advice and consent of the Executive Council of the said
Dominion, doth hereby extend the time for holding the
aforesaid election of trustees for the Kawa Drainage District;
and doth hereby order and declare that in the aforesaid
drainage district the said election shall be held and take
place on Wednesday, the second day of December, one
thousand nine hundred and twenty-five.

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

Licensing the Mammolite Calciment (N.Z.) Company (Limited)
to use and occupy a Part of the Foreshore and Land below
Low-water Mark on Ruataniwha Stream, Ferntown, Colling-
wood, as a Site for a Wharf.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 10th day
of November, 1925.
Present :

THE HONOURABLE J. G. COATES PRESIDING IN COUNCIL.
WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned under the
Harbours Act, 1923 (hereinafter called “the said Act”), the
Mammolite Calciment (N.Z.) Company (Limited), (who with
its successors and assigns is hereinafter referred to as “the
company”), has applied to the Governor-General in Council
for a license under the said Act to use and occupy a part
of the foreshore and land below low-water mark on Ruatani-
wha Stream, Ferntown, Collingwood, in order to erect and
maintain a wharf thereon; and, in accordance with the
one-hundred-and-seventy-first section of the said Act, has
deposited a plan in the office of the Marine Department at
Wellington (marked M.D. 6084), showing the area of foreshore
and land below low-water mark intended to be occupied, and
the manner in which it is proposed to erect the said wharf:
And whereas it has been made to appear to the Governor-
General in Council that the proposed 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 expedient that a license should be granted
and issued to the company under the said Act, for the purposes
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 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 Execu-
tive 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 that part of the fore-
shore and land below low-water mark on which the said
wharf is to be erected, as shown on the plan M.D. 6084 so
deposited as aforesaid, for the purpose of erecting and main-
taining the said wharf; 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 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 the part of the
   foreshore and land below low-water mark necessary for the
   erectlon of the said wharf as shown on the plan marked M.D.
   6084 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 company 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
   proportionate part of such rental in respect of the period from
   the date hereof until the 31st 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
   wharf, and all rights of ingress and egress thereon and there-
   from.
5. His Majesty or the Governor-General, and all persons
   in the Government service acting in the execution of their
   duties, shall at all times have free ingress, passage, and egress
   into, through, over, and out of the said wharf without pay-
   ment.
6. The company shall maintain the above-mentioned wharf
   in good order and repair; and shall at all times exhibit there-
   from, 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 rea-
   sonable 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 registered office of the company in
   New Zealand a notice in writing of any defect or want of repair
   in such wharf, requiring the company within a reasonable
   time, to be therein prescribed, to repair the wharf, the com-
   pany 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 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.
9. The ballast of all vessels loading at the said wharf 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 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 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 wharf 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 registered
    office of the company in New Zealand.
12. The company 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 company’s part.
13. 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 wharf 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.