10
THE NEW ZEALAND GAZETTE.
[No. 1]

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.

11. 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 jetty at the licensee’s own 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.

12. The licensee shall be liable for any injury which the
    said jetty may cause any vessel or boat to sustain through
    any default or neglect on the licensee’s part.

13. 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 jetty for a period of
    thirty consecutive days;
    (3) Fail to pay the sums specified in clause 3 of these
    conditions; or
    (4) Become bankrupt, or be brought under the operation
    of any law for the time being in force 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 licensee or other proceedings
    whatsoever; and publication in the 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    thereby granted and conferred, have been revoked and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.

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 licensee shall, if required
    by the Minister so to do, remove the said jetty 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 jetty to be removed and the site so
    restored, and may recover from the licensee the costs incurred
    by the said removal and restoration.

15. The erection of the said jetty shall be sufficient evidence
    of the acceptance by the licensee of the terms and conditions
    of this Order in Council.

C. A. JEFFERY,
Clerk of the Executive Council.

—

Licensing the Hokianga Co-operative Dairy Company, Limited,
to use and occupy a Part of the Foreshore and Land below
Low-water Mark of the Wairupe Stream, at Motukaraka,
Hokianga Harbour, as a Site for a Wharf.

—

GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 23rd day of
December, 1936.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

PURSUANT to the Harbours Act, 1923, His Excellency
the Governor-General, acting by and with the advice
and consent of the Executive Council, doth hereby license
and permit the Hokianga Co-operative Dairy Company,
Limited, of Kohukohu (hereinafter called “the company,”
which term shall include its successors and assigns unless
the context requires a different construction), to use and
occupy all those parts of the foreshore and land below low-
water mark of the Wairupe Stream, at Motukaraka, Hokianga
Harbour, shown on plans marked M.D. 3281, 7283, and 7378,
approved on the seventeenth day of December, one thousand
nine hundred and eight, the twenty-ninth day of October,
one thousand nine hundred and thirty-four, and the ninth
day of September, one thousand nine hundred and thirty-five,
respectively, and deposited in the office of the Marine Depart-
ment at Wellington, for the purpose of the use of the wharf
as shown on the said plans for a term of fourteen years com-
puted from the seventeenth day of December, one thousand
nine hundred and thirty-six, 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 parts of the
   foreshore and land below low-water mark adjacent thereto
   necessary for the maintenance of the said wharf at the site
   shown on plans marked M.D. 3281, 7283, and 7378.

3. In consideration of the concessions and privileges granted
   by this Order in Council the company shall pay to the Minister
   the sum of £1, and thereafter an annual sum of £5 in advance,
   payable on the first day of April in each year, the proportionate
   part of such rental in respect of the period from the 17th day
   of December, 1936, until the 31st day of 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 there-
   from 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 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 reasonable
   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 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.

9. The master of all vessels discharging ballast at the said
   wharf shall have all such ballast taken away and deposited
   above high-water mark 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 in force for fourteen
    years from the 17th day of December, 1936, 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 conferred under
    or by virtue of this Order in Council 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 consecutive days;
    (3) Be in any manner wound up or dissolved; or
    (4) Fail to pay the sums specified in clause 3 of these con-
    ditions—
    then, and in any of the said cases, this Order in Council and
    every right, power, or privilege may be revoked and determined
    by the Governor-General in Council without any notice to