Numb. 10.

Licensing F. W. Matthews to use and occupy a Part of the
Foreshore of Kaipara Harbour.

GLASGOW, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this twenty-
sixth day of January, 1893.
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," Frederick William Matthews, of Mangawhare (hereinafter called "the li-
censee"), has applied to the Governor in Council for a license
under the said Act to occupy a part of the foreshore near Te
Koporu, on the Wairoa River, in Kaipara Harbour, in order
to extend a wharf constructed by him in accordance with
plans marked M.D. 1514 and 1515, which were approved by
the Governor in Council on the twenty-fourth day of Sep-
tember, one thousand eight hundred and eighty-nine; 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. 1793), showing the place where it is intended to make
such extension, 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 said 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 afore-
said; 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 and of the land
below low-water mark on which the extension of the wharf
is to be erected, as shown on the plan so deposited as
aforesaid, for the purpose of extending the said wharf, such
license to be held and enjoyed by the licensee upon and sub-
ject 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 extension to the said wharf as shown on plan marked
   M.D. 1793.
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 the
   sum of five pounds, and thereafter an annual sum of two
   pounds, payable on the 1st day of January, dating from the
   1st day of January, 1893.
4. All Her Majesty's subjects shall at all reasonable times,
   upon payment of the proper dues, have free and full liberty
   to use the said extension of the wharf, and all rights of in-
   gress and egress thereon and therefrom.
5. 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 said extension of the wharf
   without payment.
6. The licensee shall complete the erection of the said
   extension of the wharf, in accordance with the approved
   plan marked M.D. 1793, within twelve calendar months from
   the date of this Order in Council.
7. The licensee shall maintain the above-mentioned exten-
   sion of the wharf in good order and repair; and shall at all
   times exhibit therefrom and maintain at his own cost suit-
   able and necessary lights for the guidance of vessels: Pro-
   vided that no light shall be exhibited until after it has been
   approved of by the Minister.
8. Any person authorised by the Minister may, at all rea-
   sonable times, enter upon the said extension of the wharf
   and view the state of repairs thereof; and upon such
   Minister leaving at or posting to the last known address
   of the licensee a notice in writing of any defect or want of
   repair in such extension of the wharf, requiring him within
   a reasonable time, to be therein prescribed, to repair the
   same, he shall with all convenient speed cause such defect
   to be removed or such repairs to be made.
9. Nothing herein contained shall authorise the licensee
   to do or cause to be done anything repugnant to or inconsis-
   tent with any law relating to the Customs, or any regula-
   tion of the Commissioner of Trade and Customs, or with
   any provisions of "The Harbours Act, 1878," or its amend-
   ments, or any regulations made thereunder, and that are
   now or may hereafter be in force.
10. The ballast of all vessels loading at the said extension
    of the wharf shall be taken away by the licensee and de-
    posited above high-water mark, or at such place as may be
    approved of by the Harbourmaster for the Port of Kaipara, or
    by the Minister, or by any person appointed by the Minister
    for that purpose.