Jan. 23.] THE NEW ZEALAND GAZETTE. 73

Licensing the Opunake Wharf Company (Limited) to use and occupy a part of the Foreshore at Opunake.

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ONSLow, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this nineteenth day of January, 1891.

Present:

THE HONOURABLE E. MITCHELSON 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 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, the Opunake Wharf Company (Limited), of Opunake (hereinafter called “the company”), 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 Opunake, in the Provincial District of Taranaki, in order to erect and maintain thereon a wharf and the necessary sheds in connection therewith, 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. 1593 and 1650), showing the manner in which it is proposed to construct such wharf and sheds, 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 company under the said Act, for the purpose aforesaid, on the terms and conditions hereafter 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 company 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 company 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 and the necessary sheds in connection therewith, such license to be held and enjoyed by the company 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 and sheds, as shown on the plan marked M.D. 1650, and deposited in the office of the Marine Department as aforesaid.

2. 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.

3. 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.

4. The company shall complete the erection of the wharf, in accordance with the approved plan marked M.D. 1593, within two years from the date of this Order in Council.

5. The company shall maintain the above-mentioned wharf in good order and repair; and shall at all times exhibit therefrom, and maintain at its 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 sheds, and view the state of repairs thereof, and upon such Minister leaving at or posting to the last-known address of the company a notice in writing of any defect or want of repair in such wharf or sheds, requiring the company within a reasonable time, to be therein prescribed, to repair the same, it shall, with all convenient speed, cause such defect to be removed or such repairs to be made.

7. Nothing herein contained shall authorise the company 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 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 company shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

9. 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 company 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 company.

10. The company shall be liable for any injury which the said wharf may cause any vessel or boat to sustain through any default or neglect on its part.

11. In case the company 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 or sheds; or

(3.) Be in any manner wound up or dissolved;

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 company or other proceedings whatsoever; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to the company 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.

12. 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.

ALEX. WILLIS,
Clerk of the Executive Council.

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Fixing Sittings of the District Courts of Nelson and Westland.

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ONSLow, Governor.

IN pursuance and exercise of the power and authority in this behalf enabling me, I, William Hillier, Earl of Onslow, the Governor of the Colony of New Zealand, do hereby fix and appoint that sittings of the District Courts of Nelson and Westland, for civil and criminal business, shall be held as follows, from and after the first day of March next, in lieu of those previously fixed and appointed :—

Nelson District.

In the Courthouse, Nelson, on the 23rd March, 6th May, 17th June, 29th July, 9th September, 26th October, and 9th December.

Westland District.

In the Courthouse, Greymouth, on the 13th April, 26th May, 6th July, 17th August, 5th October, and 16th November.