Sept. 11.] THE NEW ZEALAND GAZETTE. 985

for all or any of the purposes therein 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, Malcolm Muir Webster, Storekeeper,
of Nelson, and John Marshall, Mine Manager, of Nelson
(hereinafter called the "licensees"), have applied to the
Governor for a license under the said Act to occupy a part
of the foreshore and the land below low-water mark imme-
diately contiguous to such foreshore at Seaford, in the
Pakawau District, Golden Bay, in order to erect and main-
tain thereon a wharf; and, in accordance with the one
hundred and fifty-sixth section of "The Harbours Act,
1878," the licensees have deposited plans in the office of the
Marine Department, at Wellington, marked M.D. 1371 and
1372, showing the manner in which it is proposed to con-
struct 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 appears expedient that a license under the
said Act should be granted and issued to the licensees for
the purpose aforesaid, on the terms and conditions herein-
after 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 such part of the foreshore
and of the land below low-water mark immediately con-
tiguous thereto as may be necessary for the erection of the
wharf at the site shown on plan marked M.D. 1371, so de-
posited as aforesaid, for the purpose of constructing or erecting
thereon a wharf in accordance with plan marked M.D. 1372,
so deposited as aforesaid, 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, at the site shown on the plan
   marked M.D. 1371, and deposited in the office of the Marine
   Department as aforesaid.

2. This Order in Council and every license, right, power,
   or privilege granted thereunder shall lapse and have no effect
   if the wharf is not completed to the satisfaction of the
   Minister within two years from the date of this Order in
   Council.

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 foreshore, and all rights of ingress and
   egress thereon and therefrom.

4. The Governor in Council may from time to time fix
   such payments as he shall deem reasonable to be paid to the
   licensees by any private persons for the use of such wharf,
   and all lines of railway, cranes, or other appliances that may
   be on such wharf or foreshore.

5. The Governor, his staff and servants, and all officers
   in the Government service or employ, acting in the exe-
   cution of their duty, shall at all times have free ingress,
   passage, and egress into, through, and out of the wharf
   without payment.

6. The licensees shall maintain the above-mentioned
   wharf in good order and repair; and shall at all times ex-
   hibit 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.

7. Any person authorised by the Minister may, at all rea-
   sonable times, enter upon the said wharf and view the state
   of repair thereof; and 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 the licensees within a reasonable
   time, to be therein prescribed, to repair the same, the
   licensees shall with all convenient speed cause such defect
   to be removed or such repairs to be made.

8. Nothing herein contained shall authorise the licensees
   to do or cause to be done anything repugnant to or incon-
   sistent with any law or regulation 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,

9. 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.

10. The rights, powers, and privileges conferred by or under
    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 autho-
    rity; 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.

11. The said rights, powers, and privileges may be at any
    time resumed by the Governor on giving to the licensees
    three 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.

12. In the case of such resumption the licensees shall be
    entitled to compensation, to be ascertained by a Compensa-
    tion Court in the like manner as is done in the case of lands
    taken for public purposes. The basis of the compensation
    shall be the then actual value of the materials on the wharf
    fixed in position; but no compensation shall be paid for any
    goodwill or other interest in the wharf, or the privilege of
    erecting the same. Possession of the wharf shall be given
    to the Minister at the expiration of the three months' notice
    before mentioned, although the amount of the compensation
    may not then have been paid. All compensation shall be
    payable out of moneys to be appropriated by Parliament,
    and until such appropriation the licensees shall have no
    claim in respect of the same or its non-payment under these
    conditions.

13. The licensees shall be liable for any injury which the
    said wharf may cause through any default or neglect on
    their part.

14. In case the licensees 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,
    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 either of them, or other proceedings whatso-
    ever; and publication in the New Zealand Gazette of an
    Order in Council containing such revocation shall be suf-
    ficient notice to the licensees, and to all persons concerned
    or interested, that the license, rights, and privileges hereby
    granted to the licensees have been revoked and determined.

15. 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.

ALEX. WILLIS,
Clerk of the Executive Council.

Regulations for Trout- and Perch-fishing, Wellington Accli-
matisation District.

ONslow, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this tenth day
of September, 1890.
Present:
His Excellency the Governor in Council.

In pursuance of the powers and authorities vested in him
by "The Fisheries Conservation Act, 1884," His Excel-
lency the Governor of the Colony of New Zealand, acting by
and with the advice and consent of the Executive Council
of the said colony, doth hereby make the following regula-
tions for the Wellington Acclimatisation District, and the
waters thereof; and doth hereby declare that these regula-
tions shall, as from the date of the publication thereof in the
New Zealand Gazette, supersede all regulations at variance
therewith.

REGULATIONS.

1. Licenses to fish for trout and perch in all waters within
   that district or part of the North Island which lies to the
   southward of the following boundary-line—commencing from
   the mouth of the Manawatu River and following the course of
   that river to the Manawatu Gorge; thence in a direct line
   from such gorge to the mouth of the Waimata River, on the
   East Coast—may be issued under the hand of the Secretary
   of the Wellington Acclimatisation Society (hereinafter
   termed "the said society"), or any one authorised by the
   said Secretary in that behalf.