JUNE 4.] THE NEW ZEALAND GAZETTE. 1487

muri River: be all the aforesaid linkages more or less. As
the same is delineated on the plan marked L. 1022, deposited
in the Head Office, Department of Lands and Survey, at
Wellington, and thereon edged red. (Auckland plan 11618,
blue.)
Also all that area in the Auckland Land District, containing
by admeasurement 2 acres 0 roods 18·3 perches, more or
less, being portion of land known as Corne's Agricultural
Lease, Block I, Aroha Survey District, and Block XIII,
Ohinemuri Survey District. Bounded towards the north
generally by a public road, 180 and 126·4 links; towards the
north-east by the New Zealand Crown Mines Special Site,
592·25 links; towards the south-east by water-pipe reserve
343 links; and towards the south-west by a public road,
725·1 links: be all the aforesaid linkages more or less. As
the same is delineated on the plan marked L. and S. 1/29
deposited in the Head Office, Department of Lands and
Survey, at Wellington, and thereon edged red. (Auckland
plan No. 11618.)
F. D. THOMSON,
Clerk of the Executive Council.

Licensing Walter Robert Rope to use and occupy a Part of the
Foreshore at Te Kopuru, in Kaipara Harbour, as a Site for
a Wharf and Slip.

CHARLES FERGUSSON, Governor-General.
By his Deputy,
CHARLES PERRIN SKERRETT.
ORDER IN COUNCIL.
At the Government House at Wellington, this 28th day of
May, 1926.
Present:
His EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.
WHEREAS by Order in Council dated the twenty-ninth
day of August, one thousand nine hundred and
eleven, and published in the New Zealand Gazette No. 70, of
the thirty-first day of the same month, Edward Richard Rope,
Walter Robert Rope, and Basil Vernon Rope (trading under
the style or title of "Rope Bros.") were licensed to use and
occupy a part of the foreshore and land below low-water mark
at Te Kopuru, in Kaipara Harbour, as shown on plans marked
M.D. 3696, and deposited in the office of the Marine Department
at Wellington, in order to erect and maintain a wharf
and slip thereon, to be erected in accordance with the said
plan, and deposited as aforesaid, for the term of fourteen
years, computed from the twenty-ninth day of August, one
thousand nine hundred and eleven, on the terms and conditions
therein expressed:
And whereas Walter Robert Rope (who with his executors,
administrators, and assigns is hereinafter referred to as "the
licensee") has applied for a fresh license under the Harbours
Act, 1923 (hereunder called "the said Act"), for a further
term of fourteen 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 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 and of the
land below low-water mark immediately contiguous thereto
which is particularly shown and delineated on the plans so
deposited as aforesaid, for the purpose of maintaining the
said wharf and slip 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 the part of the
   foreshore and land below low-water-mark necessary for the
   maintenance of the said wharf and slip as shown on the plan
   M.D. 3696, 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 licensee shall pay to the Minister
   the sum of £2 10s., and thereafter an annual sum of £1 10s. in
   advance, payable on the 1st day of April in each year, the proportional
   part of such rental in respect of the period from the
   29th day of August, 1925, until the 31st March following to
   be paid on the licensee being supplied with a copy of this
   Order in Council.

4. All persons shall, at all reasonable times, upon payment
   of proper dues, have free and full liberty to use the said
   wharf and slip, and all rights of ingress and egress thereon
   and therefrom.

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, and out of the said wharf and slip without payment.

6. The licensee shall maintain the above-mentioned wharf
   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
   reasonable times enter upon the said wharf and slip, 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 and slip 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 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 wharf and
   slip 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 29th day of August, 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, 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 and slip may cause any vessel or boat to sustain
    through any default or neglect on licensee's part.

13. In case the licensee 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 wharf and slip for a
    period of thirty days:
    (3.) Become bankrupt, or be in any manner brought under
    the operation of any law for the time being in force
    relating to bankruptcy; or
    (4.) Fail to pay the sums specified in clause 3 of these
    conditions,-
    then and in any of the said cases this Order in Council, and
    every license, right, power, or privilege, may be revoked and
    determined by the Governor-General in Council without any
    notice to the licensee or other proceeding whatsoever; and
    publication in the New Zealand Gazette of an Order in Council
    containing such revocation shall be sufficient notice to the
    licensee, 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 licensee shall, if required
    by the Minister so to do, remove the said wharf and slip 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 licensee fails so to do, the Minister may
    cause the said wharf and slip to be removed and the site so
    restored and may recover the costs incurred by the said removal
    and restoration from the licensee.

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