210
THE NEW ZEALAND GAZETTE.
[No. 11

or other works to enable him to obtain the full benefit of
such license: And whereas by the said Act it is further pro-
vided 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 there-
of, 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 em-
powered 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, John Webster, of Opononi, Hokianga
(hereinafter called the "licensee"), has 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 at Opononi,
in Hokianga 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," has deposited
plans in the office of the Marine Department, at Wellington
(marked M.D. 1491 and 1492), 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 licensee 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 licensee 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 licensee 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 plans so deposited
as aforesaid, for the purpose of constructing or erecting
thereon a wharf, such license to be held and enjoyed by the
licensee upon and subject to the following terms and con-
ditions, 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. 1491, 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 licensee 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
   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 licensee shall maintain the above-mentioned
   wharf. in good order and repair; and shall at all times
   exhibit therefrom, and maintain at his own cost, suitable
   and necessary lights for the guidance of vessels: Provided
   that no light shall be exhibited until after it has been ap-
   proved of by the Minister.
6. Any person authorised by the Minister may, at all rea-
   sonable 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 licensee a
   notice in writing of any defect or want of repair in such
   wharf, requiring him within a reasonable time, to be therein
   prescribed, to repair the same, he shall with all convenient
   speed cause such defect to be removed or such repairs to be
   made.
7. Nothing herein contained shall authorise the licensee
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regula-
   tion 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 licensee, and deposited above high-
   water mark, or at such place as may be approved of by the
   Harbourmaster for the Port of Hokianga, or 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 licensee 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 licensee 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 licensee.
11. The licensee shall be liable for any injury which the
    said wharf may cause any vessel or boat to sustain through
    any default or neglect on his part.
12. In case the licensee shall—
    (1.) Commit or suffer a breach of the conditions herein-
    before 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;
    then and in any of the said cases this Order in Council and
    every license, right, power, or privilege may be revoked and
    determined by the Governor in Council without any notice to
    the licensee or other proceeding whatsoever; and publica-
    tion in the New Zealand Gazette of an Order in Council
    containing such revocation shall be sufficient notice to the
    licensee, and to all persons concerned or interested, that
    this Order in Council and the license, rights, and privileges
    thereby granted and conferred have been revoked and deter-
    mined.
13. 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 direc-
    tion of such Minister.

FORSTER GORING,
Clerk of the Executive Council.

Vesting Reserves in the Buller County Council.

WM. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this nineteenth
day of February, 1889.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

W
HEREAS the lands mentioned in the Schedule hereto
were reserved for ferry purposes: And whereas,
by an Order in Council issued on the ninth day of March,
one thousand eight hundred and eighty, the lands described
in the Schedule hereto were, with other lands, vested in the
Chairman, Councillors, and inhabitants of the County of
Inangahua:

And whereas the said reserves are situated within the
boundaries of the Buller County, and it is expedient that
they should be vested in the Chairman, Councillors, and
inhabitants of that county:

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 exercise of the
powers and authorities vested in him by the fourth section of
"The Public Reserves Act, 1881," doth hereby revoke the
said Order in Council of the ninth day of March, one
thousand eight hundred and eighty, in so far as it relates to
the sections of land described in the Schedule hereto, and
doth by this present order declare that, from and after the
day of the date hereof, the reserves mentioned in the
Schedule hereto shall become vested in the Chairman,
Councillors, and inhabitants of the Buller County, in trust,
for ferry purposes,