Mar. 2.] THE NEW ZEALAND GAZETTE. 285

not further or otherwise; and doth declare that the provisions of this Order in Council and the variations thereby made shall come into force and take effect from and after the date of the publication hereof in the New Zealand Gazette.

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SCHEDULE.

THERE shall be excepted from and out of the charges under the letter (h) in the said Schedule any sum or sums lodged in the Public Trust Office, under or in pursuance of the provisions of any Act, rule, or law in that behalf, to which, from the smallness of the amount thereof, or from the shortness of the period during which the said sum or sums may remain so lodged, no interest shall have been credited thereto by the Public Trust Office.

ALEX. WILLIS,
Clerk of the Executive Council.

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Licensing the New Zealand Land Association (Limited) to use and occupy a Part of the Foreshore of Raglan Harbour.

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GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-eighth day of February, 1893.

Present:

His Excellency the Governor in Council.

WHEREAS there being no Harbour Board empowered to grant the license hereinafter mentioned under “The Harbours Act Amendment Act, 1883,” the New Zealand Land Association (Limited) (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 Raglan 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. 1807), showing the said wharf and 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 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 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 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 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 licensee 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 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 five pounds, payable on the first day of February 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. Every person shall at all reasonable times have free and full liberty to use the wharf and foreshore, and all rights of ingress and egress thereon and therefrom, upon payment of the duties payable in like cases and charged for the time being on the Raglan Town Wharf; and all such dues shall be collected by the licensee, and shall be paid by the licensee as collected from time to time to the local body or authority in which the Raglan Town Wharf is vested: Provided that nothing herein contained shall render any goods belonging to the licensee, or any person in the employ of the licensee, liable to payment of dues.

7. 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.

8. The licensee 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.

9. 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 notice in writing of any defect or want of repair in such wharf, requiring the licensee, within a reasonable time, to be therein prescribed, to repair the same, the licensee shall with all convenient speed cause such defect to be removed or such repairs to be made.

10. Nothing herein contained shall authorise the licensee to do or cause to be done anything repugnant to or inconsistent 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.

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

12. 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 licensee shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

13. 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 licensee 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 licensee.

14. The said rights, powers, and privileges may at any time be resumed by the Governor without any notice whatever. In the case of such resumption without notice the licensee shall be entitled to compensation, to be ascertained by arbitration, one arbitrator to be appointed by the Minister and one by the licensee, and this condition shall be deemed to be an agreement for submission under and subject to the provisions of “The Arbitration Act, 1890,” which Act in so far as it is applicable shall extend and apply accordingly. The basis of the compensation shall be the then actual value of the materials in the wharf fixed in position; but no compensation shall be paid for any goodwill or other interest in the wharf, or the privilege of erecting the same. Possession of the wharf shall be given to the Minister on his requiring it, although the amount of compensation may not have been paid.

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

16. 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 wharf for a period of thirty days;
    (3.) Do, commit, or suffer any act which would entitle any creditor or other person to take any proceedings to have the association wound up in accordance with any law for the time being in force relating to registered companies, or suffer or obtain an order of some Court of competent jurisdiction, or procure or allow to be passed a special or extraordinary resolution for the winding-up of the said association, or suffer a distress or execu-