194

THE NEW ZEALAND GAZETTE. [No. 11

not exceeding in any case fourteen years, 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 conveniently execute or carry out such works,
then, and in any such case, the Governor in Council
may exercise the powers vested in him by the six-
teenth, seventeenth, and eighteenth sections of the
said Act:

And whereas the St. Heliers Land, Building, and
Investment 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 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. 598 and 597)
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 Governor in Council that
the proposed work will not be or tend to the injury of
navigation, the Governor 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 Governor 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 Com-
pany to build in Auckland Harbour, for the use,
benefit, and convenience of the public, a wharf, in
accordance with the said plan marked M.D. 598,
and in the position shown on the said plan marked
M.D. 597, 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 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 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 be at any time 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
    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.

Land temporarily reserved in the Land Districts of
Wellington and Nelson.

A. GORDON, Governor.

W HEREAS by the one hundred and forty-fourth
section of "The Land Act, 1877," it is enacted
that the Governor may from time to time, either by
general or particular description, and whether the
same has been surveyed or not, reserve from sale
temporarily, notwithstanding that the same may be
then held under pastoral license, any Crown lands
which, in his opinion, are required for any of the
purposes in the said section mentioned:

Now, therefore, I, Arthur Hamilton Gordon, the
Governor of the Colony of New Zealand, in exercise
and pursuance of the powers and authorities vested
in me by the said Act, do hereby temporarily reserve
from sale the land in the Land Districts of Welling-