326
THE NEW ZEALAND GAZETTE.
[No. 15

hundred and fifty-sixth section of “The Harbours Act, 1878,” have deposited a plan in the office of the Marine Department, at Wellington (marked M.D. 1011), showing the manner in which it is proposed to construct such wharf, the place in the said inlet where it is intended to erect the same, and the area of foreshore or land below low-water mark intended to be occupied for such purpose: And whereas it has been made to appear to the Governor in Council that the proposed work will not be or tend to the injury of navigation; and the said plan has, prior to the making of this Order in Council, been approved by the Governor in Council: And whereas there is no Harbour Board having jurisdiction in the said inlet, and it is expedient that a license should be granted and issued to the said licensees under the said Act, for the purpose aforesaid, on the terms and conditions hereinafter expressed:

Now, therefore, I, James Prendergast, for and on behalf of His Excellency the Governor of the Colony of New Zealand, and as his duly-appointed Deputy, 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, do hereby approve of the purpose or object for which the said license is required by the said licensees; and in further pursuance and exercise of the said power and authority, and with the like advice and consent as aforesaid, do hereby license and permit the said licensees to use and occupy that part of the foreshore and of the land below low-water mark which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of constructing or erecting thereon a wharf, such license to be held and enjoyed by them 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 erection of such wharf, which are shown on the said plan marked M.D. 1011.

2. In consideration of the concessions and privileges granted by this Order in Council, the said licensees shall, on being supplied with a copy thereof, pay to the Minister the sum of five pounds, and thereafter an annual sum of one pound, dating from the thirty-first day of December, one thousand eight hundred and eighty-four, the first of such yearly payments to be made on a copy of this Order in Council being supplied to the said licensees, and thereafter such annual payments to be made on the thirty-first day of December.

3. The said licensees shall maintain the above-mentioned wharf in good order and repair; and shall at all times exhibit therefrom, and maintain at their own cost, suitable and necessary lights for the guidance of vessels: Provided that no light shall be exhibited until after it has been approved of by the Minister.

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

5. That nothing herein contained shall authorize the said licensees to do or cause to be done anything 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 licensees and deposited above high-water mark, or at such place as may be approved of by the Minister, or by a person appointed by him for the purpose.

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

8. That the said rights, powers, and privileges may be at any time resumed by the Governor, without payment of any compensation whatever, on giving to the said licensees six calendar months’ previous notice in writing. Any such notice shall be sufficient if given by the Minister, and delivered at or posted to the last known address of the said licensees.

9. The said licensees shall be liable for any injury which the said wharf may cause any vessel or boat to sustain through any default or neglect on their part.

10. In case the said licensees 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 wharf; or
    (3.) Fail to pay the sum specified in clause two of these conditions,

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 licensees or other proceeding whatsoever, and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to the said licensees, and to all persons concerned or interested, that this Order in Council, and the rights and privileges thereby conferred, have been revoked and determined.

11. 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 Port Albert Wharf in the Rodney County Council.

Wm. F. DRUMMOND JERVOIS, Governor,
By his Deputy,
JAMES PRENDERGAST.
ORDER IN COUNCIL,

At the Government House, at Wellington, this eleventh day of March, 1885.

Present:

His Excellency the Deputy-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 Port Albert, Kaipara, in the Rodney County Council, on the terms and conditions hereinafter set forth:

Now, therefore, I, James Prendergast, for and on behalf of His Excellency the Governor of the Colony of New Zealand, and as his duly-appointed Deputy, 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, do hereby vest the management of the Port Albert Wharf, which is shown on plan marked M.D. 893, and deposited in the office of the Marine Department, in the Rodney 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.

3. That the said County Council shall maintain and keep the above-mentioned wharf, and all erections on the wharf, 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 new light shall be exhibited until after it has been approved of by the Marine Department.

4. That any person authorized by the Minister having charge of the Marine Department, or any officer acting with his approval, may, at all reasonable times, enter upon the said wharf, and any buildings erected on the wharf, and view the state of repair thereof; and that, upon his leaving at the last known address of the said Council a notice in writing of any defect or want of repair in such wharf or buildings, requiring the Council, within a reasonable time to be therein prescribed, to repair the same, the said Council shall, with all convenient speed, cause such defect to be removed or such repairs to be made.

5. That the said Council shall not erect, or suffer to be erected, on the said wharf any building or structure whatever, except with the consent of the Marine Department.

6. That the said Council shall keep a separate account of the receipts and expenditure on account of such wharf, and shall cause such account to be balanced to the 31st March