JAN. 26.] THE NEW ZEALAND GAZETTE. 79

Licensing the Kaitaia Co-operative Dairy Company (Limited),
to use and occupy a Part of the Foreshore and Land below
Low-water Mark on the Awanui River as a Site for a Wharf
Extension.

GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 18th day of
January, 1939.

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 Kaitaia Co-operative Dairy Company
(Limited) (hereinafter called “the company,” which term
shall include its successors and assigns unless the context
requires a different construction), to use and occupy all that
part of the foreshore on the Awanui River, shown on plan
M.D. 7802, and deposited in the office of the Marine Depart-
ment at Wellington, for the purpose of extending the wharf
as shown on plan M.D. 6456, also deposited as aforesaid;
such license to be held and enjoyed by the company upon
and subject to the terms and conditions set forth in the
Order in Council of the twenty-fourth day of March,
one thousand nine hundred and twenty-eight, and published
in the Gazette of the twenty-ninth day of the same month,
at page 890.

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

———

Licensing Lane and Sons, Limited, to use and occupy a Part
of the Foreshore of Whangaroa Harbour as a Site for a Store
and a Boat-shed.

GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 18th day of
January, 1939.

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 Lane and Sons, Limited, of Whangaroa (herein-
after 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 Whangaroa
Harbour, shown as Site No. 22 on plan marked M.D. 2294,
approved on the twenty-eighth day of October, one thousand
eight hundred and ninety-nine, and deposited in the office
of the Marine Department at Wellington, for the purpose
of the erection of a store and a boat-shed (hereinafter referred
to as “the said structures”) as shown on the said plan,
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 part of the
   foreshore and land below low-water mark adjacent thereto
   necessary for the maintenance of the said structures at the
   site shown on the plan marked M.D. 2294.

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
   £1 10s. 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 1st day of January, 1939, until the
   31st day of March following to be paid on the company being
   supplied with a copy of this Order in Council.

4. His Majesty or the Governor-General, and all persons
   in the Government service acting in the execution of their
   duties, shall at all times have free ingress, passage, and
   egress into, through, over, and out of the said structures
   without payment.

5. The company shall maintain the above-mentioned
   structures in good order and repair.

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 registered office of the
   company in New Zealand a notice in writing of any defect
   or want of repair in such structures requiring the company
   to repair the same, the company shall with all reasonable speed cause
   such defect to be removed or such repairs to be made.

7. 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.

8. The rights, powers, and privileges conferred by or
   under this Order in Council shall continue in force for four-
   teen years from the 1st day of January, 1939, 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 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 company
   may be required to remove the said structures 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 suffi-
   cient if given by the Minister and delivered at or posted to
   the last-known registered office of the company in New
   Zealand.

10. The company shall be liable for any injury which
    the said structures may cause any vessel or boat to sustain
    through any fault or neglect on the company’s part.

11. 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 structures 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 license, right, power, or privilege thereby con-
ferred may be revoked and determined 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 containing such revocation shall be
sufficient notice to the company 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.

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 company shall, if
    required by the Minister to do so, 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 company fails so to
    do, the Minister may cause the said structures to be re-
    moved and the site so restored, and may recover from the
    company the costs incurred by the said removal and restora-
    tion.

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

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

———

Vesting the Control of Part of the Foreshore at Kaka Point,
Otago, in the Kaka Point Welfare Society.

GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 18th day of
January, 1939.

Present:

His Excellency the Governor-General in Council.

WHEREAS it is enacted by section one hundred and
fifty-eight of the Harbours Act, 1923 (hereinafter
called “the said Act”), that where the foreshore outside
the limits of a harbour is not vested in any Harbour Board