1726
THE NEW ZEALAND GAZETTE.
No. 101

licensing A. Davidson to use and occupy a Part of the Foreshore of Wairoa River.

GLASGOW, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this thirteenth day of December, 1892.

Present:
THE HONOURABLE SIR P. A. BUCKLEY, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS there being no Harbour Board empowered to grant the license hereinafter mentioned under “The Harbours Act Amendment Act, 1883,” Alexander Davidson, of Napier, Shipowner (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 of Wairoa River, in Wairoa Harbour, in order to erect and maintain thereon a building to be used for an office; and, in accordance with the one hundred and fifty-sixth section of “The Harbours Act, 1878,” has deposited a plan in the office of the Marine Department, at Wellington (marked M.D. 1728), showing the place, marked “Iron Shed,” where it is intended to erect the same, and the area of foreshore 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 plan has, 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 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 which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of constructing or erecting thereon a building to be used for an office, such license to be held and enjoyed by the licensee 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 part of the foreshore necessary for the erection of such building, which is marked “Iron Shed” on the plan marked M.D. 1728, and deposited in the office of the Marine Department as aforesaid.

2. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years from the date hereof, 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.

3. 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, or any person authorised by him to receive the same, the sum of five pounds for this Order in Council, and thereafter an annual sum of five pounds, payable on the first day of January in each year during the continuance of the license hereby granted, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

4. The licensee shall, during the continuance of the said license, maintain all buildings erected on the foreshore included in such license in good order and repair.

5. Any person authorised by the Minister may, at all reasonable times, enter upon the said buildings or any part thereof and view the state of repairs thereof; and upon such Minister leaving at or posting to the last known address of the licensee at Napier a notice in writing of any defect or want of repair in the buildings, requiring him, within a reasonable time, to be therein prescribed, to remove or repair the same, he shall, with all convenient speed, cause such defect to be removed or such repairs to be made.

6. That nothing herein contained shall authorise the licensee 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 provision of “The Harbours Act, 1878,” or its amendments, or any regulations made thereunder, and that are now or may hereafter be in force,

7. The rights, powers, and privileges conferred or granted by this Order in Council may be at any time resumed by the Governor, without payment of any compensation whatever, on giving to the licensee 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 licensee at Napier aforesaid.

8. The licensee shall be liable for any injury which the said building may cause any vessel or boat to sustain through any default or neglect on his part.

9. In case the licensee 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 building for a period of three calendar months;
   (3.) Become bankrupt, or be in any manner brought under the operation of any Act for the time being in force relating to bankruptcy; or
   (4.) Fail to pay the sums specified in clause 3 of these conditions as they respectively become due and payable,

then and in either 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 proceedings whatsoever; and publication 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 determined.

10. 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.

Declaring that the Whangarei County Council shall exercise the Powers of a Harbour Board in Whangarei Harbour.

GLASGOW, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this thirteenth day of December, 1892.

Present:
THE HONOURABLE SIR P. A. BUCKLEY, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS it is, among other things, provided by section two hundred and forty-two of “The Counties Act, 1886,” that in any place where there is no Harbour Board the Governor, on the request of the Council of any county bordering on any estuary or arm of the sea, may, by Order in Council gazetted, declare that such Council shall, from a date to be fixed in such order, exercise all the powers of a Harbour Board within such limits of such estuary or arm aforesaid as the Governor may define for that purpose:

And whereas the Council of the County of Whangarei, which borders on the estuary or arm of the sea known as Whangarei Harbour, in the Provincial District of Auckland, has requested that it may be declared a Harbour Board for that harbour:

And whereas it is desirable that such request should be acceded to, and that the limits of such estuary or arm of the sea should be defined as hereinafter appears:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the hereinbefore recited power and authority, and by and with the advice and consent of the Executive Council of the said colony, doth hereby declare that, from and after the first day of January, one thousand eight hundred and ninety-three, the said Council shall exercise all the powers of a Harbour Board within the limits of the estuary or arm of the sea, hereinafter set forth, and which said estuary or arm of the sea is called Whangarei Harbour.

And, in further pursuance and exercise of the hereinbefore recited authority, His said Excellency, with the advice and consent aforesaid, doth hereby define the limits of the estuary or arm of the sea at Whangarei aforesaid within which the Council of the County of Whangarei is to exercise the powers aforesaid as follows, that is to say:—

All that area bounded by a line commencing at the southern extremity of Busby Head at the line of ordinary high-water mark; and proceeding thence north-westerly generally along the line of ordinary high-water mark in Whangarei Harbour as far as the northern boundary of the Whangarei Town District on the north side of the Landing Reserve; thence across the estuary of the Whangarei River following the said boundary; thence generally southerly and