Number 46.

Licensing J. A. Rhodes to use and occupy a Part of the
Foreshore of Wairoa River, Kaipara Harbour.

JAMES PRENDERGAST,
Administrator of the Government.
ORDER IN COUNCIL.
At the Government House, at Wellington, this fourth
day of June, 1892.
Present:
HIS EXCELLENCY THE ADMINISTRATOR OF THE GOVERNMENT
IN COUNCIL.
WHEREAS there being no Harbour Board empowered
to grant the license hereinafter mentioned under
"The Harbours Act Amendment Act, 1883," John Alexander Rhodes, of Aratapu (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 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 a plan in the office of the Marine Department,
at Wellington (marked M.D. 1718), showing the place 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 Administrator of the
Government 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 Administrator of the Government in Council, subject
to the modification noted thereon: And whereas it is ex-
pedient 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 Administrator of the
Government 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 en-
abling 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 in red on the plan 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 conditions, that
is to say:—

1. 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.
2. 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 wharf which is
   shown in red on the plan marked M.D. 1718, and deposited
   in the office of the Marine Department as aforesaid.
3. 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 privi-
   lege without the previous written consent of the Minister first
   obtained.
4. 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, and thereafter an annual sum of two pounds,
   payable on the first day of June 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.
5. 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 eighteen months from the date of this
   Order in Council.
6. 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.
7. The Governor in Council may from time to time fix such
   payments as he shall deem reasonable to be paid to the
   licensee by any private persons for the use of such wharf,
   and of all lines of railway, cranes, or other appliances that
   may be on such wharf or foreshore.
8. The Governor, his staff and servants, and all officers
   in the Government service or employ, acting in the execu-
   tion of their duty, shall at all times have free ingress,
   passage, and egress into, through, and out of the wharf
   without payment.
9. 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
   necessary lights for the guidance of vessels: Provided that
   no light shall be exhibited until after it has been approved
   of by the Minister.
10. Any person authorised by the Minister may, at all
    reasonable 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 licensee a