1436
THE NEW ZEALAND GAZETTE.
[No. 29

showing the place where it is intended to erect such baths, the
area of foreshore intended to be occupied for such purpose,
and the manner in which it is proposed to erect the baths :
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 plans have, prior
to the making of this Order in Council, been approved by
the Governor-General in Council without modification or
addition :
And whereas it is expedient that a license under the said
Act, for the purpose aforesaid, should be granted and issued
to the company 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 foreshore
which is particularly shown and delineated on the plan marked
M.D. 6342 so deposited as aforesaid, for the purpose of con-
structing or erecting thereon baths ; 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 tide :
   “ 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. 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 £26 in
   advance, payable in the 1st day of April on each year, the pro-
   portionate part of such annual rental in respect of the period
   from the date hereof until the 31st day of March following to
   be paid on the licensee being supplied with a copy of this
   Order in Council.

3. The concessions and privileges conferred by this Order
   in Council shall extend and apply only to the part of the fore-
   shore necessary for the erection of such baths, which is shown
   on the plan marked M.D. 6342, and deposited in the office of
   the Marine Department as aforesaid.

4. 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 baths without payment.

5. The company shall complete the erection of the said
   baths in accordance with the approved plan marked M.D. 6342
   within twelve calendar months from the date of this Order in
   Council :

6. The company shall maintain the above-mentioned baths
   in good order and repair.

7. Any person authorized by the Minister may, at all reason-
   able times, enter upon the said baths and view the state of
   repair thereof, and upon such Minister leaving at or posting
   to the registered office of the company a notice in writing of
   any defect or want of repair in such baths, requiring it, within
   a reasonable time to be therein prescribed, to make good
   the same, the company shall, with all convenient speed, cause
   such defect to be removed or such repairs to be made, as the
   case may be.

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 regulations of
   the Minister of Customs or with any provisions of the Harbours
   Act, 1923, or any regulations made thereunder, and that are
   now or may hereafter be in force.

9. 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 previous written consent of the Minister first obtained.

10. The company may make such charges for the use of the
    baths as may from time to time be approved of by the Minister :
    Provided that on at least two days in each week, during such
    hours as may be prescribed by the company and approved by
    the Minister, school children shall be admitted to the baths
    without charge, and during such hours the company shall
    provide such attendants as may be necessary to ensure good
    conduct and safety of life.

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 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 registered office of the company.

12. The company shall be liable for any injury which the
    said baths may cause any vessel or boat to sustain through any
    default or neglect on its 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 baths for the purposes
    aforesaid ;
    (3) Fail to pay the sums specified in clause 2 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 proceeding what-
    soever ; 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 inter-
    ested 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 baths 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 baths to be removed and the site so re-
    stored, and may recover the costs incurred by the said removal
    and restoration from the company.

15. The erection of the said baths 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 Authority appointed under the Explosive and
Dangerous Goods Amendment Act, 1920.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 9th day of
May, 1927.

Present :

His Excellency the Governor-General in Council.

IN pursuance and exercise of the powers conferred upon
him by section nine of the Explosive and Dangerous
Goods Amendment Act, 1920, and of all other powers
enabling him in that behalf, His Excellency the Governor-
General of the Dominion of New Zealand, acting by and
with the advice and consent of the Executive Council of
the said Dominion, doth hereby appoint the One Tree Hill
Road Board and the Mount Roskill Road Board to be
licensing authorities for the purposes of the said Act within
their respective districts.

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

Prohibiting all Alienation of certain Native Land other than
Alienation in favour of the Crown.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this 26th day
of April, 1927.

Present :

The Right Honourable J. G. Coates, P.C., Presiding in
Council.

ON the recommendation of the Native Land Purchase
Board, referred to in section three hundred and sixty-
three of the Native Land Act, 1909, and in exercise of the
power in this behalf conferred upon him by that section, His
Excellency the Governor-General of the Dominion of New
Zealand, acting by and with the advice and consent of the
Executive Council of the said Dominion, doth hereby prohibit,
for the period of one year from the date of this Order in