1828

THE NEW ZEALAND GAZETTE.

[No. 106]
vacant, the members may at any monthly or special
meeting appoint a Chairman.
7. All questions shall be determined by the ma-
jority of votes of the members of the Board present
at a meeting.

FORSTER GORING,
Clerk of the Executive Council.

Authorizing the Auckland Timber Company (Limited)
to build a Wharf in Auckland Harbour.

JAMES PRENDERGAST,
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House, at Wellington, this
fifth day of December, 1882.
Present:

HIS EXCELLENCY THE ADMINISTRATOR OF THE
GOVERNMENT IN COUNCIL.

WHEREAS by the sixteenth section of "The
Harbours Act, 1878," it is enacted that in
any harbour where no Harbour Board is in existence
the Governor in Council may authorize any person
to construct harbour works (other than the reclama-
tion of land from the sea, or any harbour, or the con-
struction of any graving dock, dock, or breakwater in
any harbour or in the sea), and to use and occupy
such part of the foreshore, or of any tidal land or
tidal waters, as may be necessary for the construction
or use of such harbour works in any harbour where
no Harbour Board is in existence: And whereas by
the seventeenth section of the said Act it is also
enacted that every such Order in Council shall be
made upon such terms and conditions as the Governor
in Council thinks fit, and the rights thereby conferred
shall only be granted for a limited period not a
yours, and may at any time
be altered, modified, or revoked: And whereas by
the one hundred and fifty-second section of the said
Act it is further enacted that, where it shall appear
to the Governor in Council that any harbour works
are required for the use, benefit, or convenience of
the public within a harbour under the control of a
Harbour Board, and that such Board cannot con-
veniently execute or carry out such works, then, and
in any such case, the Governor in Council may exer-
cise the powers vested in him by the sixteenth,
seventeenth, and eighteenth sections of the said Act:
And whereas the Auckland Timber Company
(Limited) (hereinafter termed "the Company") desire
to build a wharf, for the use, benefit, and convenience
of the public, in Auckland Harbour, which harbour
is within the control of the Auckland Harbour Board;
but the said Board cannot conveniently execute or
carry out such work; and the Company have ap-
plied to the Governor in Council for the issue of this
order:

And whereas the said Company have deposited
plans of the said wharf (marked M.D. 724, 725, and
726) at the office of the Marine Department at
Wellington, in the manner prescribed by the one
hundred and fifty-sixth section of the said Act, and,
it having been made to appear to the Administrator
of the Government in Council that the proposed
work will not be or tend to the injury of navigation,
the Administrator of the Government in Council
hath this day approved of the said deposited plans
without any modification or addition, and subject to
the conditions set forth in this Order in Council:

Now, therefore, the Administrator of the Govern-
ment of the Colony of new Zealand, in pursuance
and exercise of the power and authority vested in
him by the said Act, and by and with the advice and
consent of the Executive Council of the said colony,
doth hereby authorize the Company to build, in
Auckland Harbour, for the use, benefit, and con-
venience of the public, a wharf, in accordance with
the said plan marked M.D. 726, and in the position
shown on the said plans marked M.D. 724 and 725,
and to use and occupy such portion of the foreshore
or of any tidal land or tidal water as may be neces-
sary for the construction and use of such wharf,
subject to the following conditions, that is to say,-

1. That all persons shall, at all reasonable times,
   either in the daytime or at night, have free and full
   liberty to use the above-mentioned wharf, after the
   same shall have been completed in accordance with
   the said plans, and to have ingress to and upon the
   said wharf, and egress therefrom, and regress thereto.
   as occasion may require.

2. That every person, authority, or thing exempt
   from harbour dues under the one hundred and thirty-
   second section of the said Act shall also be exempt
   from all dues or payments in respect of the said
   wharf or the use thereof.

3. That the Company shall maintain and keep the
   above-mentioned wharf and all erections thereon in
   good order and repair, and shall at all times permit
   to be erected and exhibited therefrom any lights for
   the guidance of vessels, and shall maintain at its own
   cost any such lights: Provided that no light shall be
   exhibited until after it has been approved of by the
   Minister.

4. That any person authorized by the Minister
   may at all reasonable times enter upon the said
   wharf and any buildings erected thereon, and view
   the state of repairs thereof; and that, upon such
   Minister leaving at the last known address of the
   Company a notice in writing of any defect or want
   of repair in such wharf or buildings, 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.

5. That the Company will not erect or suffer to be
   erected on the said wharf any building or structure
   whatever, except with the consent of the Minister.

6. That nothing herein contained shall authorize
   the Company to do or cause to be done anything
   repugnant to or inconsistent with any law relating
   to the Customs, or any regulation of the Commis-
   sioner of Trade and Customs, or with any provisions
   of "The Harbours Act, 1878," or its amendments, or
   any regulations made thereunder, and that are now
   or may hereafter be in force..

7. That the ballast of all vessels loading at the
   said wharf shall be taken away by the Company
   and deposited above high-water mark, or at such
   place as may be approved of by the Auckland Harbour
   Board.

8. That the rights, powers, and privileges conferred
   by this Order in Council shall continue in force for
   fourteen years, computed from the date of this Order
   in Council, unless in the meantime such rights,
   powers, and privileges shall be altered, modified, or
   revoked by competent authority.

9. That the rights, powers, and privileges con-
   ferred under or by virtue of this Order in Council
   may at any time be resumed by the Governor with-
   out payment of any compensation whatever, on giving
   to the Company six calendar months' previous notice
   in writing. Any such notice shall be sufficient if
   given by the Minister, and delivered at the last
   known address of the Company.

10. The Company shall not sell, mortgage, lease, or
    otherwise part with, charge, or encumber the said
    wharf, or any right or privilege hereby conferred upon
    it, without the consent in writing of the Minister.

11. Nothing contained in this Order in Council