2748
THE NEW ZEALAND GAZETTE.
[No. 63

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 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, and the licensee may
    be required to remove the slip, jetty, and log-storage site at
    the licensee’s cost, 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 slip, jetty, and storage-log site may cause any vessel or
    boat to sustain through any default or neglect on the licensee’s
    part.

13. In case the licensee 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 slip, jetty, and log-
    storage site for a period of thirty days;
    (3.) Become bankrupt, or be 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    granted and conferred, have been revoked and determined.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 slip and jetty en-
    tirely 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 slip and jetty to be
    removed and the site so restored, and may recover the costs
    incurred by the said removal and restoration from the licensee.

15. The erection of the said slip and jetty and occupation
    of the log-storage site shall be sufficient evidence of the
    acceptance by the licensee of the terms and conditions of this
    Order in Council.

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

Licensing the Australian Glass-manufacturers Company (Limited), of Auckland, to occupy a Part of the Foreshore and Land below Low-water Mark at Koteonopoto Spit, Parengarenga Harbour, for the Purpose of taking Sand.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 13th day of
September, 1926.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS there being no Harbour Board empowered
to grant the license hereinafter mentioned, the
Australian Glass-manufacturers Company (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 (herein-
after called “the said Act”), to use and occupy a part of the
foreshore and land below low-water mark at Koteonopoto
Spit, Parengarenga Harbour, for the purpose of taking away
the 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. 6227)
showing the area hatched 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, 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 hatched red on the plan so deposited
as aforesaid, for the purpose of taking away the 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 hatched red on
   the plan marked M.D. 6227 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 £10, 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, 1927, the amount to be deposited shall be an amount
   proportionate to the said period at the rate of £10 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 3d. per cubic yard on all sand taken. If in any
   year the company fails to remove any sand the deposit herein-
   before referred to shall be appropriated by the Minister as
   flat rental in respect of that year; but if during any year
   the company removes any sand the deposit shall, in proportion
   to the amount of sand so removed, be applied as royalty at
   the rates hereinbefore mentioned, but so that the minimum
   amount payable as combined royalty and flat rent in any
   one complete year shall be £10. 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 incon-
   sistent with any law relating to the Customs or any regulations
   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 com-
   pany 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
   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 Superin-
   tendent, or other officer, as aforesaid the amount of royalty
   due to the Minister.

10. In case the company shall—

11. Commit or suffer a breach of the conditions hereinbefore
    set forth, or any of them;

12. Be in any manner wound up or dissolved;