Numb. 2.
5

THE
NEW ZEALAND GAZETTE.
Published by Authority.

WELLINGTON, THURSDAY, JANUARY 4, 1883.

Authorizing Messrs. P. and J. McLeod to build a
Wharf at Helensville, Kaipara.

JAMES PRENDERGAST,
Administrator of the Government.

ORDER IN COUNCIL.

At the Government House, at Wellington, this
thirtieth 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, inter alia,
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 reclamation of land from the sea or any harbour,
or the construction of any graving dock, dock, or
breakwater in any harbour or in the sea) for the
use and benefit of the public, and to use and
occupy such part of the foreshore, or of any tidal
land or tidal water, as may be necessary for the
construction or use of such harbour works: 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 Messrs. P. and J. McLeod desire
to build a wharf, for the use, benefit, and convenience
of the public, in Kaipara Harbour, a place where no
Harbour Board is in existence, and the said Messrs.
P. and J. McLeod have applied to the Governor in
Council for the issue of this order:

And whereas the said Messrs. P. and J. McLeod
have deposited plans of the said wharf (marked
M.D. 722 and 723) at the office of the Marine De-
partment 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 de-
posited 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 Messrs. P. and J.
McLeod to build, in the Kaipara River, Kaipara
Harbour, on the site shown on the plan marked
M.D. 722, for the use, benefit, and convenience of
the public, a wharf, in accordance with the said plan
marked M.D. 723, 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 Messrs. P. and J. McLeod 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 there-
   from 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 the dues and rates to be charged for the
   use of such wharf shall be the same as are charged
   for the use of the Railway Wharf at Helensville,

ERRATUM.—In New Zealand Gazette No. 93, of the 8th November, 1882, page 1622, notification setting apart land on
deferred payments in Auckland, Waimata Survey District, section 13, 315 acres, for "Block VIII.," read "Block IV."