SCHEDULE.

NORTH AUCKLAND LAND DISTRICT.

All that area in the North Auckland Land District, Hobson County, containing by admeasurement 232 acres, more or less, being Allotment 97, Parish of Tatarariki, and being the Tatarariki No. 3 Kauri-gum Reserve, as described in New Zealand Gazette, 1900, No. 90, page 1922. As the same is delineated on the plan marked L. and S. 15/180B, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red. (North Auckland plan 3940.)

Also all that area in the North Auckland Land District, Hobson County, situated in Blocks IX, X, XIII, and XIV, Tokatoka Survey District, containing by admeasurement 1,093 acres, more or less, and being the whole of the Tatarariki No. 4 Kauri-gum Reserve, as described in New Zealand Gazette, 1901, page 1248. As the same is more particularly delineated on the plan marked L. and S. 15/180C, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red. (North Auckland plans 3940 and 4512.)

Also all that area in the North Auckland Land District, Hobson County, containing by admeasurement 144 acres 2 rods 17 perches, more or less, being Allotments 52 and 53, Tatarariki Parish, and being portion of the Tatarariki Kauri-gum Reserve Extension, as described in New Zealand Gazette, 1900, No. 90, page 1922. As the same is more particularly delineated on the plan marked L. and S. 15/180D, deposited in the Head Office, Department of Lands and Survey, at Wellington, and thereon edged red. (North Auckland plan 3940.)

A. W. MULLIGAN,
Acting Clerk of the Executive Council.
(L. and S. 15/180.)

Licensing Maurice Alfred Harding to use and occupy a Part of the Foreshore at Gumstore Creek, Kaipara Harbour, as a Site for a Wharf.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 29th day of October, 1930.
Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS by Order in Council dated the twenty-fifth day of March, one thousand nine hundred and fifteen, and published in the New Zealand Gazette, No. 45, of the first day of the following month, Maurice Alfred Harding, of Tangowahine (who with his executors, administrators, and assigns, is hereinafter referred to as "the licensee"), was licensed for the term of fourteen years computed from the twenty-fifth day of March, one thousand nine hundred and fifteen, to use and occupy part of the foreshore of Gumstore Creek, Kaipara Harbour, in order to erect and maintain thereon a wharf, erected in accordance with plan marked M.D. 4393, and deposited in the office of the Marine Department at Wellington;

And whereas the license has applied for a fresh license under the Harbours Act, 1923 (hereinafter called "the said Act"), for a further term of fourteen years, and it is desirable 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 conferred upon 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 licensee 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 licensee to use and occupy that part of the foreshore which is particularly shown and delineated on plan M.D. 4393, so deposited as aforesaid, for the purpose of maintaining the said wharf, such license to be held and enjoyed by the licensee upon and subject to the terms and conditions set forth in the Schedule hereto.

SCHEDULE.

1. In these conditions the terms--

"Foreshore" means such part 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 that part of the foreshore occupied by the said wharf as shown on plan marked M.D. 4393.

3. In consideration of the concessions and privileges granted by this Order in Council the licensee shall pay to the Minister the sum of £1, and thereafter an annual sum of £1 in advance, payable on the 1st day of April each year.

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 wharf without payment.

5. All persons shall, at all reasonable times, and upon payment of the prescribed dues, have free and full liberty to use the said wharf and all rights of ingress and egress thereon and therefrom.

6. The licensee shall maintain the said wharf in good order and repair, and shall at all times exhibit from the said wharf and maintain at the licensee'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 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 address of the licensee in New Zealand a notice in writing of any defect or want of repair in the said wharf requiring the licensee, within a reasonable time to be therein prescribed, to repair the same; the licensee shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorize the licensee to do or cause to be done anything repugnant to or inconsistent with any law relating to the Customs, or with any provisions of the Harbours Act, 1923, or its amendments, or any regulations made thereunder, and that are now or may thereafter be in force.

9. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for fourteen years from the 25th day of March, 1929, 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.

10. 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 said wharf 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.

11. The licensee 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 licensee's part.

12. In case the licensee 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 wharf for a period of thirty days;

(3) Become bankrupt, or be in any manner brought under the operation of any law in force for the time being relating to bankruptcy; or

(4) Fail to pay the sum 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.

13. 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 wharf 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 licensee 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 licensee.

A. W. MULLIGAN,
Acting Clerk of the Executive Council.