JULY 15.] THE NEW ZEALAND GAZETTE.

Land set apart as a Permanent State Forest.
[L.S.] GALWAY, Governor-General.
A PROCLAMATION.
BY virtue and in exercise of the powers and authorities
conferred upon me by section eighteen of the Forests
Act. 1921-22, I, George Vere Arundell, Viscount Galway,
Governor-General of the Dominion of New Zealand, do hereby
set apart the land described in the Schedule hereto as a
permanent State forest.
SCHEDULE.
OTAGO LAND DISTRICT.-SOUTHLAND FOREST-CONSERVATION
REGION.
ALL that area containing by admeasurement 3 acres 2 roods
8 perches, more or less, and being Sections 59A and 60A,
Conical Hills Settlement, Block VIII, Waipahi Survey District.
Also all that area containing by admeasurement 3 acres
2 roods 25 perches, more or less, and being Sections 61A and
62A, Conical Hills Settlement, Block VIII, Waipahi Survey
District, permanently reserved for plantation purposes by
Warrant under the Land Act, 1908, published in Gazette,
1922, page 1526.
As the same are more particularly delineated on plan
No. 204/8, deposited in the Head Office of the State Forest
Service at Wellington, and thereon bordered red.
Given under the hand of His Excellency the Governor-
General of the Dominion of New Zealand, and issued
under the Seal of that Dominion, this 5th day of
July, 1937.
FRANK LANGSTONE,
Commissioner of State Forests.
GOD SAVE THE KING!
Licensing the Kaipara Steamship Company to use and occupy
a Part of the Foreshore and Land below Low-water Mark at
Dargaville, Kaihu Creek, Northern Wairoa River, as a Site
for a Wharf.
GALWAY, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 7th day of
July, 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 the Kaipara Steamship Company (hereinafter called
"the company," which term shall include its successors
and assigns unless the context requires a different construc-
tion, to use and occupy a part of the foreshore and
land below low-water mark at Dargaville, Kaihu Creek,
Northern Wairoa River, as shown on plan marked M.D. 5635,
approved on the eighteenth day of June, one thousand
nine hundred and twenty-three, and deposited in the office
of the Marine Department at Wellington, for the purpose of
the use of the wharf as shown on the said plan for a term
of fourteen years computed from the eighteenth day of June,
one thousand nine hundred and thirty-seven, 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 term--
   "Foreshore" means such parts of the bed, shore, or
   banks of a tidal water as are covered and un-
   covered by the flow and ebb of the tide at ordinary
   spring tides:
   "Low-water mark" means low-water mark at ordi-
   nary spring tides:
   "Minister" means the Minister of Marine as de-
   fined 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 and land below low-water mark necessary for the
   maintenance of the wharf as shown on plan M.D. 5635.
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 18th June, 1937, 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, and upon
   payment of the proper dues, have free and full liberty to
   use the said wharf and all rights of ingress and egress thereto
   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, over, 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
   therefrom and maintain at the company's own cost suitable
   and necessary lights : Provided that no light shall be ex-
   hibited 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 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 reason-
   able 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 each vessel discharging ballast at the
   said wharf shall have all such ballast taken away and de-
   posited above high-water mark, or at such place as may be
   approved 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 years
    from the 18th day of June, 1937, 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 may be at any
    time resumed by the Governor-General, and the company
    may be required to remove the wharf at the company's own
    cost, 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) Fail to pay the sums specified in clause 3 of these
    conditions; or
    (4) Be in any manner wound up or dissolved--
    then and in any of the said cases this Order in Council and
    every right, power, or privilege may be revoked and deter-
    mined by the Governor-General in Council without any
    notice to the company or other proceedings whatsoever;
    and publication in the Gazette of an Order in Council con-
    taining such revocation shall be sufficient notice to the
    company and to all persons concerned or interested that
    this Order in Council, and the 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 company shall, if re-
    quired 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 company fails so
    to do, the Minister may cause the said wharf to be removed
    and the site so restored, and may recover from the company
    the costs incurred by the said removal and restoration.
15. The occupation of the wharf shall be deemed to be an
    acceptance by the company of the terms and conditions of
    this order in Council.
    A. W. MULLIGAN,
    Acting Clerk of the Executive Council.