MAR. 1.] THE NEW ZEALAND GAZETTE. 523

STORAGE.
Rent on all goods stored, at per ton per week or part s. d.
of a week, weight or measurement .. .. 1 8
Minimum charge .. .. .. .. .. 0 3
Wool or sheepskins, per bale, for a week or part of a
week .. .. .. .. .. .. .. 0 3
Free storage allowed for twenty-four hours.
All goods stored to be at risk of consignee.

BERTHAGE.
On every steamer or sailing-vessel under 100 tons
register hauling alongside the wharf, per ton register
per day or part of a day .. .. .. 0 0½
On every steamer or sailing-vessel of and over 100 tons
register, for the first 100 tons register, per ton per
day or part of a day .. .. .. .. .. 0 0½
On every steamer or sailing-vessel of and over 100 tons
register, for every ton after the first 100 tons register,
per day or part of a day .. .. .. .. .. 0 0½
Minimum charge for any vessel per day or part of a day 1 0

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

Licensing the Kawhia County Council to use and occupy a
Part of the Foreshore and Land below Low-water Mark at
Oparau, on the Oparau River, as a Site for a Landing-stage
and Goods-sheds.

CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 23rd day of
February, 1928.
Present :
THE RIGHT HONOURABLE J. G. COATES, P.C., PRESIDING IN
COUNCIL.
WHEREAS by Order in Council dated the twentieth day
of September, one thousand nine hundred and nine,
the Kawhia County Council (who with its successors and
assigns is hereinafter referred to as "the Council") was
licensed to use and occupy a part of the foreshore and land
below low-water mark at Oparau, on the Oparau River, as a
site for a landing-stage and goods-sheds, erected in accordance
with plans marked M.D. 3384 and 3408, and deposited in the
office of the Marine Department at Wellington, for the term
of fourteen years, computed from the twentieth day of
September, one thousand nine hundred and nine:
And whereas the Council has applied for a fresh license
under the Harbours Act, 1923 (hereinafter called "the said
Act"), for a 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 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 Council 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 Council to use and occupy that part
of the foreshore and 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 and using the landing-stage and goods-sheds
thereon, such license to be held and enjoyed by the Council
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 adjacent thereto
necessary for the maintenance of the said landing-stage and
goods-sheds, at the site shown on the plans marked M.D. 3384
and 3408.
3. In consideration of the concessions and privileges granted
by this Order in Council, the Council shall pay to the Minister
an annual rental of one shilling, payable on demand.
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,
over, and out of the said landing-stage and goods-sheds
without payment.
5. The Council shall maintain and keep the above-
mentioned landing-stage and goods-sheds and all erections on
or in connection with the landing-stage and goods-sheds in
good order and repair; and shall at all times exhibit therefrom
and maintain at the Council's own cost, suitable and necessary
lights for the guidance of vessels; provided that no new
light shall be exhibited until after it has been approved by
the Minister.
6. Any person authorized by the Minister may at all reasonable
times enter upon the said landing-stage and goods-
sheds, and any buildings erected on the landing-stage and
goods-sheds or in connection therewith, and view the state of
repair thereof; and upon the Minister leaving at or posting to
the last known address of the Council in New Zealand a
notice in writing of any defect or want of repair in such
landing-stage and goods-sheds, requiring the Council within a
reasonable time to be therein prescribed, to make good or
repair the same, the Council shall, with all convenient speed,
cause such defect to be removed or such repairs to be made.
7. Nothing herein contained shall authorize the Council 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 thereunder,
and that are now or may hereafter be in force.
8. The rights, powers, and privileges hereby conferred shall
continue in force for fourteen years, computed from the 20th
day of September, 1923, unless in the meantime such rights,
powers, and privileges shall be altered, modified, or revoked
by competent authority; and the Council shall not assign,
charge, or part with any such right, power, or privilege without
the previous written consent of the Minister first obtained.
9. The rights, powers, and privileges conferred under or
by virtue of this order in Council may be at any time resumed
by the Governor-General, without payment of any compensation
whatever, on giving to the Council 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 Council in New Zealand.
10. The Council shall be liable for any injury which may
be caused at the said landing-stage and goods-sheds to any
vessel or boat through any default or neglect on the part of
the Council.
11. In case the Council 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 landing-stage and
goods-sheds 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 may be revoked and
determined by the Governor-General in Council without any
notice to the Council or any other proceedings whatsoever;
and publication in the New Zealand Gazette of an order in
Council containing such revocation shall be sufficient notice to
the Council 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.
12. 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 Council shall, if required by
the Minister so to do, remove the said landing-stage and
goods-sheds entirely from the site, and restore the site to its
original condition within three months from the date of the
revocation or expiry, as the case may be; and if the Council
fail so to do, the Minister may cause the said landing-stage and
goods-sheds to be removed and the site so restored, and may
recover the costs incurred by the said removal and restoration
from the Council.
F. D. THOMSON.
Clerk of the Executive Council.