Licensing Charles Spurgeon Rush and Charles Louis Bagnall
to use and occupy a Part of the Foreshore at Dargaville,
Wairoa River, Kaipara Harbour, as a Site for an Engine
and Storage Sheds.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 23rd day of
June, 1931.
Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.
WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Charles
Spurgeon Rush and Charles Louis Bagnall (hereinafter called
“the licensees,” in which term is to be construed, unless the
context requires a different construction, their executors,
administrators, and assigns) have applied to the Governor-
General in Council for a license under the Harbours Act, 1923
(hereinafter called “the said Act”), to occupy part of the fore-
shore at Dargaville, in the Wairoa River, Kaipara Harbour,
in order to erect and maintain thereon an engine and storage
sheds (hereinafter referred to as “the said structures”) to be
erected in accordance with plan marked M.D. 6942, deposited
in the office of the Marine Department at Wellington :
And whereas it has been made to appear to the Governor-
General in Council that the work will not be or tend to the
injury of navigation, and the said plan has, prior to the making
of this Order in Council, been approved by the Governor-
General in Council :
And whereas it is desirable that a license should be granted
and issued to the licensees under the said Act for the purposes
aforesaid, 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 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 purposes or objects for which the said license is required
by the licensees 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 licensees to use and occupy that part of the foreshore which
is particularly shown and delineated on plan M.D. 6942 so
deposited as aforesaid, for the purpose of erecting and main-
taining thereon the said structures to be erected in accordance
with the said plan, such license to be held and enjoyed by the
licensees 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 fore-
   shore occupied by the said structures as shown on plan marked
   M.D. 6942, so deposited as aforesaid.
3. In consideration of the concessions and privileges
   granted by this Order in Council the licensees shall pay to
   the Minister the sum of £2 10s., and thereafter an annual
   sum of £2 in advance, payable on the 1st day of April each
   year, the proportionate part of such rental in respect of the
   period from the date hereof until the 31st March following
   to be paid on the licensees being supplied with a copy of
   this Order in Council.
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 structures without payment.
5. The licensees shall maintain the said structures in good
   order and repair, and shall at all times exhibit from the
   structures and maintain at the licensees’ 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.
6. Any person authorized by the Minister may at all
   reasonable times enter upon the said structures and view
   the state of repair thereof; and upon such Minister leaving

at or posting to the last known address of the licensees in
New Zealand a notice in writing of any defect or want of
repair in the said structures, or requiring the licensees,
within a reasonable time to be therein prescribed, to repair
the same, the licensees shall with all convenient speed cause
such defect to be removed or such repairs to be made.
7. Nothing herein contained shall authorize the licensees
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 regula-
tions made thereunder, and that are now or may thereafter
be in force.
8. 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 licensees shall
not assign, charge, or part with any such right, power, or
privilege without the written consent of the Minister first
obtained.
9. The said rights, powers, and privileges may be at any
time resumed by the Governor-General, and the licensees
may be required to remove the said structures at the licensees’
cost, without payment of any compensation whatever, on
giving to the licensees 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 licensees in New Zealand.
10. The licensees shall be liable for any injury which the
said structures may cause any vessel or boat to sustain
through any default or neglect on the licensees’ part.
11. In case the licensees 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 structures 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 con-
ditions.—
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 licensees or other proceeding whatsoever;
and publication in the Gazette of an Order in Council con-
taining such revocation shall be sufficient notice to the
licensees 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 deter-
mined.
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 licensees shall, if required by
the Minister so to do, remove the said structures 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 licensees fail so to do, the
Minister may cause the said structures to be removed and the
site so restored, and may recover the costs incurred by the
said removal and restoration from the licensees.
13. The erection and maintenance of the said structures
shall be sufficient evidence of the acceptance by the licensees
of the terms and conditions of this Order in Council.

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

Licensing the Dargaville Fire Board to use and occupy a Part
of the Foreshore and Land below Low-water Mark of Wairoa
River, Kaipara Harbour, as a Site for a Fire-brigade Station.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 23rd day o
June, 1931.
Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.
WHEREAS by Order in Council dated the fifth day of
February, one thousand nine hundred and seventeen,
and published in the Gazette of the twenty-second day of the
same month, at page 715, the Dargaville Borough Council
was licensed to use and occupy part of the foreshore and land
below low-water mark of the Wairoa River, Kaipara Harbour,
in order to erect and maintain a fire-brigade station thereon
in accordance with the plan marked M.D. 4736, and deposited
in the office of the Marine Department at Wellington, for the
term of fourteen years computed from the fifth day of Febru-
ary, one thousand nine hundred and seventeen: