SEPT. 17.] THE NEW ZEALAND GAZETTE. 2813

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 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 fore-
shore and land below low-water mark immediately contiguous
thereto, which is particularly shown and delineated on plan
marked M.D. 6983, so deposited as aforesaid, for the purpose
of erecting, constructing, and maintaining such wharf,
swinging-basin, piling, and entrance channel thereon, 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 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 other 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 and land below low-water mark necessary for the
   errection or construction of the said works as shown on the plan
   marked M.D. 6983, deposited as aforesaid, in the office of the
   Marine Department at Wellington.

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
   £26, 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 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, over, and out of the said works without payment.

5. All persons shall, at all reasonable times and 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 therefrom, and all vessels shall have full liberty, without
   charge, to navigate in that part of the channel from the
   entrance thereof to its junction with the channel leading to
   the public wharf at Miranda.

6. The licensees shall maintain the said works in good
   order and repair, and shall at all times exhibit therefrom and
   maintain at their own cost suitable and necessary lights on
   the wharf, at the entrance to the channel, and at the junction
   of the channel with that leading to the public wharf at
   Miranda, 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 works, 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 such works, 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 carried out, as the case
   may be.

8. Nothing herein contained shall authorize the licensees
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or with any
   regulation of the Minister of Customs, or with any provisions
   of the Harbours Act, 1923, or its amendments, or any re-
   gulation 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 licensees 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 this
    Order in Council shall continue in force for fourteen days
    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 rights, powers, or privileges
    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 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.

12. The licensees shall be liable for any injury which the
    said works may cause any vessel or boat to sustain through
    any default or neglect on the part of the licensees.

13. In case the licensees shall—
    (1) Commit or suffer a breach of the conditions hereinafter
    set forth, or any of them; or
    (2) Cease to use or occupy the said wharf or other works
    for a period of thirty days; or
    (3) Fail to pay the sums specified in clause 3 of these con-
    ditions; or
    (4) Become bankrupt, or be in any manner brought under
    the operation of any law in force for the time being
    relating to bankruptcy;
    then, and in any of the said cases, 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 licensees or other pro-
    ceeding whatsoever; and publication in the Gazette of any
    Order in Council containing such revocation shall be sufficient
    notice to the licensees and to all persons concerned or in-
    terested, that this Order in Council and the license, rights,
    and privileges thereby 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 licensees shall, if required
    by the Minister so to do, remove the said works 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 works to be removed and the site so
    restored, and may recover the costs incurred by the said
    removal and restoration from the licensees.

15. The licensees shall execute a bond in such form and
    for such amount as may be approved by the Minister as a
    guarantee of the due performance by them of the duties
    imposed upon them by clause 14 hereof.

16. The construction of the said works or any of them 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 Rata Murupaenga and Others, as Trustees, to use
and occupy a Part of the Foreshore at Te Hapua, Parengarenga,
as a Site for a Wharf and Shed, and prescribing Dues for such
Wharf.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 14th day of
September, 1931.

Present :

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.
WHEREAS by Orders in Council dated the nineteenth
day of January, one thousand nine hundred and
fifteen, the second day of May, one thousand nine hundred
and sixteen, and the twentieth day of December, one thousand
nine hundred and twenty-six, and published in the Gazette of
the twenty-eighth day of January, one thousand nine hundred
and fifteen, at page 333, the eleventh day of May, one thousand
nine hundred and sixteen, at page 1679, and the thirteenth
day of January, one thousand nine hundred and twenty-seven,
at page 6, respectively, Glass Murray, Rapata Hotorene, Hemi
Manuera, Henry Norman, and Alan Munro were licensed, as
trustees for the inhabitants of the district, to use and occupy
a part of the foreshore and land below low-water mark at
Te Hapua, Parengarenga, as a site for a wharf, to be erected
in accordance with plan marked M.D. 4352, deposited in the
office of the Marine Department at Wellington, for a period of
fourteen years from the nineteenth day of January, one
thousand nine hundred and fifteen, and dues and rates were
prescribed for the use of the said wharf:

And whereas the said license has expired, and it is desirable
to grant a license to Rata Murupaenga, Glass Murray, and
Gordon Rust, all of Te Hapua, Kenneth Richardson, of Te
Paki, and Alexander Hume Watt, of Te Kao (hereinafter