APRIL 29.] THE NEW ZEALAND GAZETTE. 527

HOKONUI.

All that parcel of land in the Southland Land District containing by admeasurement 5 acres, more or less, being Section No. 241B on the map of the Hokonui Survey District. Bounded towards the North-east by a public road, 793 links; on the East by Section No. 321 of aforesaid district, 527·9 links; on the South by Section No. 4, Block II., of the Township of South Lumsden, 700·2 links; and on the West by a public road and by Section No. 3, Block I., of aforesaid township, 900·5 links: be all the aforesaid linkages more or less; as the same is delineated on the official maps in the Survey Office, Invercargill.

FORSTER GORING,
Clerk of the Executive Council.

Licensing Messrs. F. Mander and others to use and occupy a Part of the Foreshore of the Kaipara Harbour.

WM. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this sixteenth day of April, 1886.

Present:

THE HONOURABLE THE PREMIER PRESIDING IN COUNCIL.

WHEREAS by “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), it is, among other things, enacted that, where the foreshore has been legally vested in any Harbour Board or other local governing body, it may from time to time, subject to the provisions of the one hundred and fifty-sixth section of “The Harbours Act, 1878,” license and permit any part of the foreshore to be used or occupied, inter alia, for the erection and use of any landing-place or wharf, and for any local enterprise or object which the Governor in Council may approve: And whereas by the said Act it is also provided that every licensee shall, subject to the provisions of the said Act, have power to make and construct any necessary reclamation for the purpose of erecting on the foreshore comprised in his license, or upon any land below low-water mark immediately contiguous to such foreshore which shall be specified in such license, any building, structure, erection, or other works to enable him to obtain 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 Francis Mander, James Cooper Cairns, and Samuel Bradley (hereinafter called “the said licensees”) have applied for a license under the said Act to occupy a part of the foreshore and the land below low-water mark at Stewart’s Bay, Kaiwaka River, in Kaipara Harbour, in order to erect and maintain thereon a wharf and tramway; and, in accordance with the one hundred and fifty-sixth section of “The Harbours Act, 1878,” have deposited plans in the office of the Marine Department, at Wellington (marked M.D. 1124 and 1124A), showing the manner in which it is proposed to construct such wharf and tramway, the place in the said harbour 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 plans have, 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 harbour, 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, 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 licensees 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 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 plans so deposited as aforesaid, for the purpose of constructing or erecting thereon a wharf and tramway, such license to be held and enjoyed by the said licensees 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 and tramway, which are shown on the said plans marked M.D. 1124 and 1124A.

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 five pounds, dating from the thirtieth day of June, one thousand eight hundred and eighty-six, 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 thirtieth day of June.

3. The said licensees shall maintain the above-mentioned wharf and tramway in good order and repair; and shall at all times exhibit therefrom, and maintain at its 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 tramway 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, or a notice in writing of any defect or want of repair in such wharf and tramway, requiring the said licensees, within a reasonable time to be therein prescribed, to repair the same, the said licensees 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 and tramway 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 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; 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 and tramway may cause any vessel or boat to sustain through any default or neglect of the said licensees.

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 and tramway; or
    (3.) Fail to pay the sums 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.