DEC. 7.]

THE NEW ZEALAND GAZETTE.

1829

shall be deemed to prevent its revocation at any time
and without any notice in case the Company shall-
(1.) Commit or suffer a breach of the conditions
hereinbefore set forth, or any of them;
(2.) Be in any manner wound up or dissolved;
or
(3.) Cease to use or occupy the said wharf.
And publication in the New Zealand Gazette of an
Order in Council containing such revocation shall be
sufficient notice to the Company, and to all persons
concerned or interested in the said wharf, that this
Order in Council and the rights and privileges
thereby conferred have been revoked and determined.
12. In these conditions the term "Minister"
means the Minister having charge of the Marine
Department, as defined by "The Shipping and Sea-
men's Act, 1877," and includes any officer, person,
or authority acting by or under the direction of such
Minister.

FORSTER GORING,
Clerk of the Executive Council.

Authorizing the Helensville Timber Company (Limited)
to build a Wharf at Helensville, Kaipara..

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
construction of any graving dock, dock, or break-
water 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 con-
ditions as the Governor in Council thinks fit, and
the rights thereby conferred shall only be granted
for a limited period, not exceeding in any case
fourteen years, and may at any time be altered,
modified, or revoked :
And whereas the Helensville Timber Company
(Limited), hereinafter called "the said Company," de-
sire to build a wharf, for the use benefit, and con-
venience of the public, in Kaipara Harbour, a place
where no Harbour Board is in existence, and the said
Company have applied 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. 696 and 697)
at the office of the Marine Department at Welling-
ton, 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, 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 said Company to build, in
the Kaipara River, Kaipara Harbour, on the site
shown in the plan marked M.D. 696, for the use,
benefit, and convenience of the public, a wharf, in
accordance with the said plan marked M.D. 697, and
to use and occupy such portion of the foreshore or
of any tidal land or tidal water as may be necessary
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 plan, and to have ingress to and upon the
   said wharf, and egress therefrom, and regress thereto,
   as occasion may require.
2. That the said 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 their own cost any such lights: Provided that
   no light shall be exhibited until after it has been
   approved of by the Minister.
3. 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 or posting to the last known address of the said.....
   Company a notice in writing of any defect or want of
   repair in such wharf or buildings, requiring them,
   within a reasonable time to be therein prescribed, to
   repair the same, they shall, with all convenient speed,
   cause such defect to be removed or such repairs to
   be made.
4. That the said Company shall not erect or suffer
   to be erected on the said wharf any building or
   structure whatever, except with the consent of the
   Minister.
5. That nothing herein contained shall authorize
   the said Company to do or cause to be done any-
   thing repugnant to or inconsistent with any law
   relating to the Customs, or any regulation of the
   Commissioner 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.
6. That the ballast of all vessels loading at the
   said wharf shall be taken away by the said Company
   and deposited above high-water mark, or at such
   place as may be approved of by the Minister or by
   the Harbourmaster at Kaipara.
7. 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.
8. That the rights, powers, and privileges conferred
   under or by virtue of this Order in Council may be
   at any time resumed by the Governor without pay-
   ment of any compensation whatever, on giving to
   the said Company six calendar months' previous
   notice in writing. Any such notice shall be suffi-
   cient if given by the Minister, and delivered at the
   last known address of the said Company.
9. That the said Company shall not sell, mortgage,
   lease, or otherwise part with, charge, or encumber
   the said wharf, or any right or privilege hereby con-
   ferred upon it, without the consent in writing of the
   Minister.
10. Nothing contained in this Order in Council
    shall be deemed to prevent its revocation at any time
    and without any notice in case the said Company
    shall-