1400
THE NEW ZEALAND GAZETTE.
[No. 69

advice and consent of the Executive Council of the said colony, do hereby order and declare that the reserve made for public recreation in the Provincial District of Otago, and known as the Moeraki Recreation-ground Public Baths, and described in the Schedule hereto, shall be and the same is hereby brought under the operation of and declared to be subject to the provisions of “The Public Domains Act, 1881;” and such domain shall hereafter be managed, administered, and dealt with, in manner directed by the said Act, by the Domain Board constituted by an Order in Council issued on the twenty-seventh day of March, one thousand eight hundred and eighty-eight.

SCHEDULE.

ALL that parcel of land in the Land District of Otago, containing by admeasurement 1 rood, more or less, situate in the Town of Moeraki, adjoining the eastern boundary of Section No. 15, Block II., and Section No. 13, Block III., of said town. Bounded towards the north-east by the ocean, 115 links; towards the East by Crown lands, 205 links; towards the south by Haven Street, 100 links; and towards the west by Section No. 15, Block II., 280 links: be all the aforesaid linkages more or less.

FORSTER GORING,
Clerk of the Executive Council.

Licensing Messrs. Lane and Brown to use and occupy a Part of the Foreshore of Whangaroa Harbour.

WM. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this eighteenth day of December, 1888.

Present:

HIS EXCELLENCY THE GOVERNOR 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 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 there being no Harbour Board empowered to grant the license hereinafter mentioned, Thomas Major Lane and William Brown, trading under the style or firm of “Lane and Brown, Shipwrights, Totara North, Whangaroa” (hereinafter called the “licensees”), have applied to the Governor in Council 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 Whangaroa Harbour, in order to erect and maintain thereon a wharf; 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. 1470 and 1471), showing the manner in which it is proposed to construct such wharf, the place 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 without modification or addition: And whereas it is expedient that a license should be granted and issued to the licensees under the said Act, for the purpose aforesaid, on the terms and conditions hereinafter expressed:

Now, therefore, His Excellency 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 of all other powers and authorities enabling him in that behalf, and by 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 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 licensees to use and occupy that part of the foreshore and of the land below low-water mark immediately contiguous thereto 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 the 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, which are shown on the plan marked M.D. 1470, and deposited in the office of the Marine Department as aforesaid.

2. In consideration of the concessions and privileges granted by this Order in Council the licensees shall, during the subsistence of the license hereby granted, pay to the Minister an annual sum of one pound, payable on the first day of December, dating from the first day of December, one thousand eight hundred and eighty-eight.

3. All Her Majesty’s subjects shall at all reasonable times, upon payment of the proper dues, have free and full liberty to use the wharf, and all rights of ingress and egress thereon and therefrom.

4. 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.

5. The 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.

6. Any person authorised 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 licensees, or either of them, 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.

7. Nothing herein contained shall authorise the 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.

8. The ballast of all vessels loading at the said wharf shall be taken away by the licensees, and deposited above high-water mark, or at such place as may be approved of by the Minister or by any person appointed by the Minister for that purpose.

9. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the licensees shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

10. 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 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 licensees or either of them.

11. The 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.

12. In case the 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
    (3.) Become bankrupt or be in any manner brought under the operation of any Act for the time being in force relating to bankruptcy;
    (4.) Fail to pay the sums specified in clause two of these conditions; or
    (5.) Die during the subsistence of the license hereby granted,