APRIL 3.] THE NEW ZEALAND GAZETTE. 367

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, James Otamatea Masefield, John Masefield, William Masefield, and Alexander Masefield, trading under the style or title of Masefield Brothers, at Batley (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 at Batley, 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 Department, at Wellington (marked M.D. 1570, 1571, and 1572), 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, subject to the addition marked on M.D. 1570: 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 plans 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. 1570, 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, 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 January, dating from the first day of January, one thousand eight hundred and ninety.

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 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 Harbourmaster for the Port of Kaipara, 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 from the first day of January last, 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.

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 for a period of thirty days;
    (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 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 licensees, 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 determined.

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 direction of such Minister.

RIVERSDALE WALROND,
Acting Clerk of the Executive Council.

Vesting Management of Raglan Wharf in the Raglan County Council, and fixing Dues, Rates, and Regulations.

ONSLow, Governor.
ORDER IN COUNCIL.
At the Government House, at Auckland, this twenty-eighth day of March, 1890.

Present:

His Excellency the Governor in Council.

IN pursuance and exercise of the power and authority vested in him by “The Harbours Act, 1878” (hereinafter termed “the said Act”), and of all other powers and authorities in anywise enabling him in that behalf, 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, doth hereby vest the management of the Raglan Wharf, which is shown on plans marked M.D. 1431 and 1449, and deposited in the office of the Marine Department at Wellington, in the Raglan County Council, subject to the conditions set forth in the First Schedule hereto; and doth hereby prescribe that the dues and rates specified in the Second Schedule hereto shall be charged and taken for the use of the said wharf on and after the date of the publication in the New Zealand Gazette of this Order in Council.

And His Excellency the Governor of the said colony, with the like advice and consent, and in pursuance and exercise of the power and authority granted to him by the said Act, and of all other powers and authorities enabling him in this behalf, doth hereby make the regulations contained in the Third Schedule hereto, and doth order that the same shall, on and after the date of the publication of this Order in Council in the New Zealand Gazette, apply to the Port or Harbour of Raglan, and to the wharf aforesaid.