1648

THE NEW ZEALAND GAZETTE.

[No. 41

Licensing J. J. Craig (Limited), of Auckland, to occupy a Part
of the Foreshore and Land below Low-water Mark in
Whangaruru Harbour, for the Purpose of taking Shingle
and Sand.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 14th day of
June, 1926.

Present:

His Excellency The Governor-General In Council.

WHEREAS there being no Harbour Board empowered
to grant the license hereinafter mentioned, J. J. Craig
(Limited), Auckland (who, with its successors and assigns, is
hereinafter called “the company”), has 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 in Whangaruru Harbour, for the purpose of taking away
the shingle and sand deposited thereon; and, in accordance
with the provisions of the said Act, has deposited a plan in
the office of the Marine Department at Wellington (marked
M.D. 6182), showing, edged red, 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 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 foreshore and
land below low-water mark which is particularly shown and
delineated edged red on the plan so deposited as aforesaid,
for the purpose of taking away the shingle and sand deposited
thereon, 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
   purposes hereinbefore mentioned, as shown edged red on
   the plan marked M.D. 6182, 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, on being
   supplied with a copy thereof, pay to the Minister the sum
   of £2 10s., and thereafter shall deposit annually the sum of
   £125, to be applied as hereinafter provided, payable on the
   first 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, 1927, the amount to be deposited shall be
   an amount proportionate to the said period at the rate of
   £125 per annum, to be deposited on the company being
   supplied with a copy of this Order in Council.

4. The royalty payable by the company in consideration
   of the concessions and privileges hereby granted shall be at
   the rate of 1s. 3d. per cubic yard on all shingle and sand
   taken from the said area, and/or shipped across the foreshore.
   If in any year the company fails to remove any shingle or
   sand 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 company removes any shingle and sand,
   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 £125. 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 and in the execution of their
   duties, shall at all times have free ingress, passage, and egress
   into, through, and out of the said land without payment.

6. 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.

7. The rights, powers, and privileges conferred by or under
   this Order in Council shall continue in force for the term of
   fourteen years computed from the date hereof, unless in the
   meantime such rights, powers, and privileges are 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.

8. The rights, powers, and privileges hereby granted and
   conferred may be at any time resumed by the Governor-General without payment of any compensation whatsoever, on
   giving to the company three calendar months' previous notice
   in writing. 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.

9. The company shall keep a strictly accurate record of all
   shingle and sand removed, whether from above or below low-water mark, and shall submit the same for inspection immediately at the end of each month to the Superintendent of
   Mercantile Marine at Auckland or such other officer as may
   be appointed by the Minister; and shall at the same time
   pay to the Superintendent or other officer as aforesaid the
   amount of royalty due to the Minister.

10. In case the company shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them:
    (2.) Be in any manner wound up or dissolved:
    (3.) Fail to pay the sums specified in clauses 3 and 4 of
    these conditions,—
    then and in any such case 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 whatsoever; 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.

11. Payment by the company of any of the sums hereinbefore mentioned shall be sufficient evidence of the acceptance
    by the company of the terms and conditions of this Order in
    Council.

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

Licensing Winstone Limited, of Auckland, to occupy a Part
of the Foreshore and Land below Low-water Mark in Helena
Bay for the Purpose of taking Shingle and Sand.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 14th day of
June, 1926.

Present:

His Excellency THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS there being no Harbour Board empowered
to grant the license hereinafter mentioned, Winstone
Limited, Auckland (who, with its successors and assigns, is
hereinafter called “the company”), has 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 in Helena Bay for the purpose of taking away the
shingle and sand deposited thereon; and, in accordance
with the provisions of the said Act, has deposited a plan in
the office of the Marine Department at Wellington (marked
M.D. 6180), showing the area, edged red, 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,