Sept. 29.] THE NEW ZEALAND GAZETTE. 1323

section of “The Harbours Act, 1878,” have deposited a plan in the office of the Marine Department, at Wellington (marked M.D. 1753), showing the place where it is intended to erect the same, and the area of foreshore and 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 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 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 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 on which the wharf is to be erected and for ten feet on each side of the wharf, as shown 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 licensees 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 direction 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 and of the land below low-water mark occupied by the wharf and for ten feet on each side thereof.

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 licensees shall not assign, charge, or part with any such right, power, or privilege 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 licensees 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 one pound, payable on the first day of October in each year during the continuance of the license hereby granted, the first of such annual payments to be made on the licensees 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 licensees 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 execution of their duty, shall at all times have free ingress, passage, and egress into, through, and out of the wharf without payment.

9. 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.

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 licensees 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.

11. 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.

12. The ballast of all vessels loading at the said wharf shall be taken away by the licensees and deposited above high-water mark.

13. 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 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.

14. 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.

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

16. 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,
    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 proceedings 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 hereby granted to the licensees, have been revoked and determined.

ALEX. WILLIS,
Clerk of the Executive Council.

Constituting Districts under “The Factories Act, 1891.”

GLASGOW, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this twenty-seventh day of September, 1892.

Present:

His Excellency the Governor in Council.

WHEREAS by “The Factories Act, 1891” (hereinafter termed “the said Act”), it is enacted that the Governor may from time to time divide New Zealand, or any portion thereof, into such districts as he shall think fit, and notice of the constitution of every such district shall be given in the Gazette as occasion requires:

Now, therefore, I, David, Earl of Glasgow, the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority conferred upon me by the said Act, do hereby divide the portions of the said colony enumerated in the Schedule hereto into districts for the purposes of the said Act, the descriptions and boundaries whereof shall be those set forth in the Schedule hereto; and I do hereby declare that for the purposes of the said Act each of such districts shall be known by the name set over the description of each such district respectively.

SCHEDULE.

CLIVE FACTORY DISTRICT.

Bounded towards the north-west and north-east by the north-west boundary-lines of Pakowhai and Te Puninga Blocks from the Tutaekuri-Waimate Stream to Totara Creek, by that creek and by Waitangi River to the sea; again towards the north-west generally by the sea to a point in line with the south-east boundary-line of Section No. 296, Clive Suburban Sections, Block V., Clive Survey District; towards the south-east by a right line to and by that south-east boundary-line, and by the south-east boundary-lines of Sections Nos. 297, 229, 228, 227, 247, 248, 249, 250, and 253, all of Block V. aforesaid, by the south-east boundary-lines of Sections Nos. 254, 267, 268, and 269 of Block IV., Clive Survey District, to the Tukituki River; towards the south-west by that river to a point in line with the south-east boundary-line of Section No. 12, Block XVI., Heretaunga Survey District; again towards the south-east by a right line to and by that boundary-line, and by Section No. 10 of same block; and again towards the south-west generally