1220
THE NEW ZEALAND GAZETTE.
[No. 89

the full benefit of such license: And whereas by the said Act it is further provided that every such license shall be in writing under the seal of the Board or body granting the same, and may be for any period not exceeding fourteen years from the date thereof, and may prescribe a sum of money to be payable either at stated periods or on or before the granting thereof for the use of the foreshore so granted, and may prescribe any other terms or conditions, general or particular, to be observed or performed by the person to whom the same is granted: And whereas by the said Act it is also enacted that, in any case where there is no Harbour Board, or no Harbour Board empowered to grant any such license as aforesaid, the Governor in Council may in his discretion grant and issue a license for all or any of the purposes hereinbefore mentioned, and all the provisions of the said Act in respect of such licenses shall, mutatis mutandis, apply accordingly: And whereas Andrew Stenhouse, of Auckland, has applied for a license under the said Act to occupy a part of the foreshore and the land below low-water mark immediately contiguous to such foreshore, in order to erect and maintain thereon certain booms across the Kaiarara and Wairahi Creeks, Port Fitzroy, Great Barrier Island, for the purpose of confining floating timber; and, in accordance with the one hundred and fifty-sixth section of “The Harbours Act, 1878,” has deposited plans in the office of the Marine Department, at Wellington (marked M.D. 906 and 907), showing the places in the said creeks where it is intended to erect such booms, and the area of foreshore or land below low-water mark intended to be occupied for such purposes: And whereas it has been made to appear to the Governor in Council that the proposed works will not be or tend to the injury of navigation; and the said plans have, prior to the making of this Order in Council, been approved by the Governor in Council, with certain modifications shown on the said plans: And whereas there is no Harbour Board having jurisdiction in the said harbour, and it is expedient that a license should be granted and issued to the said Andrew Stenhouse under the said Act, for the purposes aforesaid, on the terms and conditions hereinafter expressed:

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 with the advice and consent of the Executive Council of the said colony, doth hereby approve of the purpose or object for which the said license is required by the said Andrew Stenhouse as aforesaid; and in further pursuance and exercise of the said power and authority, and with the like advice and consent as aforesaid, doth hereby license and permit the said Andrew Stenhouse to use and occupy those parts of the foreshore and of the land below low-water mark immediately contiguous thereto which are particularly shown and delineated on the plans so deposited as aforesaid, for the purpose of constructing or erecting thereon booms for confining any floating timber of any kind or description whatsoever belonging to or under the control of the said Andrew Stenhouse, such license to be held and enjoyed by the said Andrew Stenhouse upon and subject to the following terms and conditions, that is to say,——

1. The concessions and privileges conferred by this Order in Council shall extend and apply only to the parts of the foreshore and of the land below low-water mark necessary for the construction of the booms across the Kaiarara and Wairahi Creeks, which are shown on the said plans marked M.D. 906 and 907.

2. In consideration of the concessions and privileges granted by this Order in Council, Andrew Stenhouse shall, on being supplied with a copy thereof, pay to the Minister the sum of five pounds, and thereafter an annual sum of two pounds, in respect of each boom, to be paid in two half-yearly instalments on the thirtieth day of June and the thirty-first day of December, the first of such half-yearly payments to be made on the thirty-first day of December next ensuing.

3. A part of each boom, of at least twelve feet wide, shall be made movable, so as to allow it to be opened when necessary for the passage of vessels and boats.

4. On the master or owner of any vessel or boat notifying to Andrew Stenhouse, or his agent, manager, or any other person who appears to have the charge or management of his affairs at Port Fitzroy, that such master or owner desires to take his vessel or boat past the booms, the said Andrew Stenhouse shall forthwith provide, free of expense to the vessel or boat, a sufficient number of men to work the movable part of the booms, so that the vessel or boat may pass through without delay.

5. Should it at any time become necessary for the convenience of the traffic on the Kaiarara and Wairahi Creeks that the opening in the booms should be wider than twelve feet, the Minister may, by a notice in writing left at the last known address of Andrew Stenhouse, require him to provide an opening of the width specified in such notice, and he shall thereupon, with all convenient speed, cause such opening to be made.

6. 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; and the said Andrew Stenhouse shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

7. That the said rights, powers, and privileges may be at any time resumed by the Governor, and Andrew Stenhouse may be required to remove the booms from the Kaiarara and Wairahi Creeks, and the beds thereof, at his own cost, without payment of any compensation whatever, on giving to Andrew Stenhouse three 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 Andrew Stenhouse.

8. Andrew Stenhouse shall be liable for any injury which may be sustained by any vessel or boat in passing through or between the booms, or by contact with them, and which may be occasioned by any default or neglect of his.

9. In case the said Andrew Stenhouse shall——
   (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
   (2.) Cease to use or occupy the said booms;
   (3.) Fail to pay the sum specified in clause two of these conditions; or
   (4.) Become bankrupt or be in any manner brought under the operation of any Act for the time being in force relating to bankruptcy,
   then and in any of the said cases this Order in Council and every right, power, or privilege may be revoked and determined by the Governor in Council without any notice to the said Andrew Stenhouse or other proceeding whatsoever, and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to Andrew Stenhouse, and to all persons concerned or interested, that this Order in Council and the rights and privileges thereby conferred have been revoked and determined; and upon such revocation the Minister may cause the said booms, and all other erections or buildings thereto belonging, to be removed, and may recover the cost incurred by any such removal from Andrew Stenhouse, or his legal or personal representatives.

10. In these conditions the term “Minister” means the Minister having charge of the Marine Department, as defined by “The Shipping and Seamen’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.

Vesting Management of Whangaroa Wharf in Mongonui County Council.

WM. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifth day of August, 1884.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section fourteen of “The Harbours Act, 1878,” it is enacted that the Governor in Council may vest the management of any wharf the property of Her Majesty in any local governing body or person, upon such terms and conditions as the Governor in Council thinks fit: And whereas it is thought desirable to vest the management of the wharf at Whangaroa in the Mongonui County Council, on the terms and conditions hereinafter set forth:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, and in pursuance and exercise of the power and authority vested in him by the said fourteenth section of “The Harbours Act, 1878,” and of all other powers and authorities in anywise enabling him in that behalf, doth hereby vest the management of the Whangaroa Wharf, which is shown on plan marked M.D. 859, and deposited in the office of the Marine Department, in the Mongonui County Council, subject to the following conditions: Provided always that the rights hereby granted shall only be for a period of fourteen years, and this Order in Council may at any time be altered, modified, or revoked.

CONDITIONS.

1. That all Her Majesty’s subjects shall, at all reasonable times and upon payment of the proper dues, have free and full liberty to use the above-mentioned wharf, and of ingress and egress thereon.

2. That Her Majesty, or the Governor, and all officers in the Government service acting in the execution of their duty, shall at all times have free ingress, passage, and egress into, through, and out of the wharf without payment.