2470

THE NEW ZEALAND GAZETTE

[No. 63]

Licensing Winstone Limited, of Auckland, to occupy Part of
the Foreshore and Land below Low-water Mark at Whangapoua
for the Purpose of taking Sand.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 13th day of
August, 1928.

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 their successors and assigns,
are hereinafter called "the company"), have applied to the
Governor-General in Council for a license under the Harbours
Act, 1923 (hereinafter called "the said Act"), to use and
occupy parts of the foreshore and land below low-water
mark as specified in the Schedule No. 1 hereto, for the purpose
of taking away the sand deposited thereon ; and, in accordance
with the provisions of the said Act, have deposited a plan in
the office of the Marine Department at Wellington (marked
M.D. 6533), 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 within a red line 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
Schedule No. 2 hereto.

SCHEDULE No. 1.

ALL that area of foreshore and land below low-water mark,
ordinary spring tides, at Whangapoua, commencing at a point
(A) at the mouth of the Te Punga Punga Creek and extending
in a north-easterly direction to a point (B) half a mile from
high-water mark; thence in a south-easterly direction to a
point (C) half a mile north-east of Trig. Station J.J.; thence
to Trig. Station J.J.; thence by high-water mark of Whanga-
poua Harbour to a point (D); thence to a point (E), which
points (D) and (E) are on the shore ends of a line joining
Trig. Stations J.J. and K.K.; thence by a straight line in a
north-westerly direction to a point (F) on the north-eastern
corner of Te Punga Punga No. 3 Block; thence by high-
water mark to the point of commencement (A), as same is
shown coloured blue and edged red on plan marked M.D. 6533.

SCHEDULE No. 2.

1. In these conditions the term--
   "Foresore" 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 concession and privileges conferred by this Order
   in Council shall extend and apply only to that part of the
   foreshore and land below low-water mark necessary for the
   purposes hereinbefore mentioned, as shown within red lines
   on the plans marked M.D. 6533, deposited in the office of the
   Marine Department as aforesaid, and specified in Schedule
   No. 1.

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 £25, to be
   applied as hereinafter provided, payable on the Ist day of
   April each year ; provided that in respect of the period from
   the date of the Order in Council until the 31st day of March,
   1929, the amount to be deposited shall be an amount pro-
   portionate to the said period at the rate of £25 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 dredged and 4½d.
   per cubic yard on all sand taken from above low-water mark
   or shipped across the foreshore. If in any year the company
   fails to remove any 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 sand, the deposit shall, in proportion to the amount
   of sand so removed, be applied as royalty at the rate herein-
   before mentioned, but so that the minimum amount payable
   as combined royalty and flat rent in any one complete year
   shall be not less than £25. 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 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 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 herein-
    before 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 herein-
    before 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.