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THE NEW ZEALAND GAZETTE.
[No. 25

Authorizing the Whangaroa Rafting Company (Limited) to construct Booms on the Kaeo and Pupuke Rivers.

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 sixteenth section of “The Harbours Act, 1878” (hereinafter called “the said Act”), it is enacted 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), and to use and occupy such part of the foreshore, or of any tidal land or tidal waters, as may be necessary for the construction or use of such harbour works in any harbour where no Harbour Board is in existence: And whereas by section thirteen of “The Timber-floating Act, 1884,” it is enacted that the laying-down of booms in navigable waters for the security of timber or other substances or materials shall be deemed to be a harbour work within the meaning of the said Act: And whereas the requisite preliminary notices have been given under “The Timber-floating Act, 1884:” 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 conditions 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 the Whangaroa Rafting Company (Limited), of Whangaroa (hereinafter called “the company”), desires to construct booms on the Kaeo and Pupuke Rivers, in Whangaroa Harbour, a harbour where no Harbour Board is in existence, and the company has applied to the Governor in Council for the issue of an order to authorize the construction of such booms, and has deposited plans thereof (marked M.D. 1150 and 1151) at the office of the Marine Department, 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 works 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 the 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 company to construct booms on the Kaeo and Pupuke Rivers, Whangaroa Harbour, in accordance with and in the positions shown on the said plans marked M.D. 1150 and 1151, 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 booms, subject to the following conditions, namely:—

1. 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 company shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

2. In consideration of the concessions and privileges granted by this Order in Council the company 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 ten shillings, in respect of the booms on each river, 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 thirtieth day of June next ensuing.

3. That the said rights, powers, and privileges may be at any time resumed by the Governor, and the company may be required to remove the booms from the Kaeo and Pupuke Rivers and the beds thereof at their own cost, without 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.

4. The company shall be liable for any injury which may be sustained by any vessel or boat in passing by the booms, or by contact with them, which may be occasioned by any default or neglect of the company.

5. 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.) Cease to use or occupy the said booms; or
   (3.) Be in any manner wound up or dissolved.

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 booms, that this Order in Council and the rights and privileges thereby conferred have been revoked and determined.

6. 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 certain Wharves in the Rodney County Council.

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 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 wharves at Mahurangi Heads, Matakana Sandspit, Upper Matakana, Puhoi, and Warkworth in the Rodney County Council, on the terms and conditions hereinafter set forth:

Now, therefore, 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 wharves at Mahurangi Heads, Matakana Sandspit, Upper Matakana, Puhoi, and Warkworth, which are shown on plan marked M.D. 1162, and deposited in the office of the Marine Department, Wellington, 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 Council shall maintain and keep the above-mentioned wharves 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 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 wharves and any buildings erected thereon, and view the state of repair thereof; and that, upon his leaving at or posting to the last known address of the said Council a notice in writing of any defect or want of repair in such wharves 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 wharves 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 wharves, and shall cause such account to be balanced to the 31st March in each year, and shall send a copy of such account when balanced to the Marine Department, and shall supply any