years from the 1st day of December, 1929, unless in the
meantime such rights, powers, and privileges shall be altered,
modified, or revoked by competent authority; and the com-
pavy shall not assign, charge, or part with any such right,
power, or privilege without the previous written consent of
the Minister first obtained.

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 last known registered office of the company
    in New Zealand.

12. The company shall be liable for any injury which the
    said wharf may cause any vessel or boat to sustain through
    any default or neglect on the company's 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 wharf for a period of
    thirty days ;
    (3) Be in any manner wound up or dissolved; 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 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
    whatever; 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    been revoked and determined.

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 wharf 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 company fails so to do the
    Minister may cause the said wharf to be removed and the
    site so restored and may recover the costs incurred by the
    said removal and restoration from the company.

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

Licensing the Tobacco Producers Trust, Limited, to use and
occupy a Part of the Foreshore at Shelly Beach, in Kaipara
Harbour, for a Wharf-site.

BLEDISLOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 7th day of
April, 1930.

Present:

His Excellency THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned under the
Harbours Act, 1923 (hereinafter called “ the said Act ”), the
Tobacco Producers Trust, Limited (who, with its successors
and assigns, is hereinafter referred to as “ the company ”),
has applied to the Governor-General in Council for a license
under the said Act to occupy a part of the foreshore and
land below low-water mark at Shelly Beach, in Kaipara
Harbour, as shown on plans marked M.D. 4379, and deposited
in the office of the Marine Department at Wellington, in
order to maintain thereon a wharf in accordance with the
said plans:

And whereas it is expedient that a license should be granted
and issued to the company under the said Act for the purpose
aforesaid, on the terms and conditions set forth in the Sche-
dule hereto:

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 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 fore-
shore and land below low-water mark on which the said
wharf is erected, as shown on the plans M.D. 4379, so de-
posited as aforesaid, for the purpose of maintaining the said
wharf; 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 terms—
   “ 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 wharf, as shown on
   the plans marked M.D. 4379.

3. In consideration of the concessions and privileges granted
   by this Order in Council, the company shall pay to the Minister
   the sum of £2 10s., and thereafter an annual sum of £1 in
   advance, payable on the 1st day of April in each year, the
   proportionate part of such rental in respect of the period
   from the date of this Order in Council until the 31st March
   following to be paid on the company being supplied with a
   copy of this Order in Council.

4. All persons shall, at all reasonable times, upon payment
   of the proper dues, have free and full liberty to use the said
   wharf, and all rights of ingress and egress thereon and there-
   from.

5. 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 wharf without payment.

6. The company shall maintain the above-mentioned wharf
   in good order and repair; and shall at all times exhibit
   therefrom and maintain at the company's own cost suitable
   and necessary lights for the guidance of vessels; provided
   that no light shall be exhibited until after it has been approved
   of by the Minister.

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

8. 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 regula-
   tion 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.

9. The ballast of all vessels loading at the said wharf shall
   be taken away by the company and deposited above high-
   water mark, or at such place as may be approved of by the
   Minister, or by any person appointed by the Minister for that
   purpose.

10. The rights, powers, and privileges conferred by or
    under this Order in Council shall continue to be 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.

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 last known registered office of the company
    in New Zealand.

12. The company shall be liable for any injury which the
    said wharf may cause any vessel or boat to sustain through
    any default or neglect on the company's 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 wharf for a period of
    thirty days ;