1022
THE NEW ZEALAND GAZETTE.
[No. 57
No person other than the holders of such licenses shall
sell, or expose or offer for sale, within the district to which
these regulations relate, any of the salmonidæ, trout, or
perch.

12. No person shall put, throw, drag, draw, or place, or
    allow to be put, thrown, dragged, drawn, or placed, for any
    purpose whatever, any net of any description (except a land-
    ing-net) in any of the waters hereinbefore mentioned, or at
    the mouth or entrance of any such waters, except as pro-
    vided in clause 13 of these regulations.

13. Licenses to use a seine-net for the taking of brown
    and salmon-trout in the waters of Otago Harbour, Blueskin
    Bay, and Waihola Lake may be issued by the said society at
    a fee of three guineas for each net.

No net with a mesh of less than four and a half inches
shall be used; and stake or fixed nets are hereby expressly
prohibited.

Nothing in this regulation shall in any way affect the pro-
visions of clause 10.

14. The penalty for the breach of any of these regulations
    shall not be less than forty shillings or more than fifty
    pounds.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing F. W. Matthews to use and occupy a Part of the
Foreshore of Kaipara Harbour.

ONSLOW, Governor.
ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-
fourth day of September, 1889.

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
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 recla-
mation for the purpose of erecting on the foreshore com-
prised 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 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
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 Har-
bour 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, Frederick William Matthews, of Mangawhare
(hereinafter called "the licensee"), has applied to the Gover-
nor 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 near Te Kopuru,
on the Wairoa River, in Kaipara 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 De-
partment, at Wellington (marked M.D. 1514 and 1515),
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 in-
tended to be occupied for such purpose: And whereas it has
been made to appear to the Governor in Council that the pro-
posed 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, as shown on the plan marked
   M.D. 1514, and deposited in the office of the Marine Depart-
   ment 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 three
   pounds payable on the first day of October, dating from the
   first day of October, one thousand eight hundred and eighty-
   nine.

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 complete the erection of the wharf,
   in accordance with the approved plans marked M.D. 1514
   and 1515, within eighteen calendar months from the date of
   this Order in Council.

6. 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 neces-
   sary lights for the guidance of vessels: Provided that no
   light shall be exhibited until after it has been approved of
   by the Minister.

7. 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.

8. 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.

9. 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 Kaipara, or by the Minister,
   or by any person appointed by the Minister for that purpose.

10. 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.

11. 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.

12. 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.

13. 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