386
THE NEW ZEALAND GAZETTE.
[No. 10

amount to which the principal has been reduced in accordance
with the preceding paragraph (a) hereof after payment of
the aforesaid thirty (30) half-yearly payments.
(4) The payment of such instalments shall be made in New
Zealand, and no such instalment shall be paid out of loan-
money.
(5) The rates payable for brokerage, underwriting, and
procuration fees in respect of the borrowing of the said sum
or any part thereof shall not in the aggregate exceed one-half
per centum of any amount raised.
(6) No moneys shall be borrowed under this consent after
the expiration of two years from the date hereof.

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

(T. 49/134/2.)

Licensing the Hauraki Plains County Council to use and occupy
Parts of the Foreshore and Land below Low-water Mark at
Waitakaruru, on the Waitakaruru Stream, and at Pipiroa,
Kopurahi, Hopai, Horahia, Ngatea, Puhanga, Kerepeehi,
Kaihere, Mangawhero, and Patetonga, on the Piako River.

GALWAY, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 3rd day of
February, 1937.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS there being no Harbour Board empowered
to grant the license hereinafter mentioned, the
Hauraki Plains County Council (hereinafter called “the
Council,” in which term is to be construed unless the context
requires a different construction its successors and assigns)
has applied to the Governor-General in Council for a license
under the Harbours Act, 1923 (hereinafter called “the said
Act”), to occupy parts of the foreshore and land below low-
water mark at Waitakaruru, on the Waitakaruru Stream,
and at Pipiroa, Kopurahi, Hopai, Horahia, Ngatea, Puhanga,
Kerepeehi, but excluding the Depot Wharf, Kaihere, Manga-
whero, and Patetonga, on the Piako River, as sites for wharves
(hereinafter referred to as “the said wharves”), and in
accordance with the one-hundred-and-seventy-first section of
the said Act has deposited in the office of the Marine Depart-
ment at Wellington a plan marked M.D. 7535 showing the
places where it is intended to maintain the said wharves and
the area of foreshore and land below low-water mark intended
to be occupied by the said wharves :

And whereas it has been made to appear to the Governor-
General in Council that the said wharves 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 expedient that the license should be
granted and issued to the Council under the said Act for the
purpose 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 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 purpose or object for which the said license is required
by the Council 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 Council to use and occupy those parts of the
foreshore and land below low-water mark which are par-
ticularly shown and delineated on the plan so deposited as
aforesaid for the purpose of maintaining thereon the said
wharves, such license to be held and enjoyed by the Council
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 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 necessary for the
   maintenance of the said wharves as shown on plan M.D. 7535
   so deposited as aforesaid.

3. In consideration of the concessions and privileges granted
   by this Order in Council, the Council shall pay to the Minister
   an annual rental of 1s. payable on demand, such rent to date
   from the date of this Order in Council.

4. All persons shall, at all reasonable times, upon payment
   of the proper dues, have full liberty to use the said wharves
   and all rights of ingress and egress thereon and therefrom.

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 wharves without payment.

6. The Council shall maintain the above-mentioned wharves
   in good order and repair.

7. The master of all vessels discharging ballast at the said
   wharves shall have all such ballast taken away and deposited
   above high-water mark or at such places as may be approved
   by the Minister or by any person appointed by the Minister
   for that purpose.

8. Nothing herein contained shall authorize the Council
   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 rights, powers, and privileges conferred by this
   Order in Council shall continue in force for fourteen years
   computed from the date hereof unless in the meantime such
   rights, powers, and privileges shall be altered, modified, or
   revoked by competent authority; and the Council shall not
   assign, charge, or part with any such right, power, or privilege
   without the previous written consent of the Minister first
   obtained.

10. In case the Council 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 wharves for a period of
    thirty consecutive days—
    then, and in either 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 the
    Council or any other proceeding whatsoever; and publication
    in the Gazette of an Order in Council containing such revoca-
    tion shall be sufficient notice to the Council and to all persons
    concerned or interested that this Order in Council and the
    license, rights, and privileges thereby conferred have been
    revoked and determined.

11. The Council shall be liable for any injury which may be
    caused by the said wharves to any vessel or boat through
    any default or neglect on the part of the Council.

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 Council shall if required
    so to do remove the said wharves entirely from the sites and
    restore the sites to their original condition within three months
    from the date of the revocation or expiry as the case may be,
    and if the Council fails so to do the Minister may cause the
    said wharves to be removed and the sites so restored, and
    may recover the costs incurred by the said removals and
    restorations from the Council.

13. The occupation of the said wharves by the Council
    shall be sufficient evidence of the acceptance by the Council
    of the terms and conditions of this Order in Council.

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

Licensing Roy Forrester to use and occupy a Part of the Fore-
shore and Land below Low-water Mark at Tokatoka, Kaipura
Harbour, as a Site for a Barge-landing.

GALWAY, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 3rd day of
February, 1937.

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 Roy Forrester, of Dargaville (hereinafter called
“the licensee,” which term shall include his executors, adminis-
trators, and assigns unless the context requires a different