4
THE NEW ZEALAND GAZETTE.
[No. 2

Licensing the Kauri Timber Company (Limited) 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-
first day of December, 1895.

Present:

THE HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned under
"The Harbours Act Amendment Act, 1883" (hereinafter
called "the said Act"), the Kauri Timber Company
(Limited), of Auckland (hereinafter called "the company"),
has applied to the Governor in Council for a license under
the said Act to occupy a part of the foreshore and of the
land below low-water mark of Wairoa River, in Kaipara
Harbour, in order to erect wharves thereon, and, in accordance
with the one hundred and fifty-sixth section of "The Har-
bours Act, 1878," has deposited a plan in the office of the
Marine Department at Wellington (marked M.D. 2038),
showing the position in which it is intended to erect such
wharves, the area of foreshore and land below low-water mark
intended to be occupied, and the manner in which it is pro-
posed to erect the wharves: And whereas the Governor in
Council has approved of the purpose for which the said
license is required: And whereas it is expedient that a
license should be granted and issued to the company 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 company 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 company to use
and occupy that part of the foreshore and land below low-
water mark on which the wharves are to be erected, as
shown on the plan so deposited as aforesaid, for the purpose
of erecting and maintaining the said wharves, such license to
be held and enjoyed by the company 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 de-
   fined by "The Shipping and Seamen's Act, 1877," and in-
   cludes 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 occupied by the said wharves, as shown on plan
   marked M.D. 2038.

3. In consideration of the concessions and privileges
   granted by this Order in Council, the company shall, on
   being supplied with a copy thereof, pay to the Minister the
   sum of five pounds, and thereafter an annual sum of three
   pounds, payable on the 1st day of December, dating from the
   1st day of December, 1895.

4. All persons shall at all reasonable times, upon payment
   of the proper dues, have free and full liberty to use the said
   wharves, and all rights of ingress and egress thereon and
   therefrom.

5. 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 wharves without payment.

6. The company shall maintain the above-mentioned
   wharves 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.

7. The company shall forthwith erect a hand-rail at least
   three feet high all along the lower or down-river edge of No. 3
   wharf.

8. The company shall clear all trucks and trolleys off the
   tramways on the wharves at the close of each day's work.

9. Any person authorised by the Minister may at all rea-
   sonable times enter upon the said wharves and view the state
   of repair thereof; and upon such Minister leaving at or
   posting to the last known registered office of the company in
   New Zealand a notice in writing of any defect or want of
   repair in such wharves, requiring it, within a reasonable
   time, to be therein prescribed, to repair the same, it shall
   with all convenient speed cause such defect to be removed or
   such repairs to be made.

10. Nothing herein contained shall authorise the company
    to do or cause to be done anything repugnant to or incon-
    sistent 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 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 wharves
    shall be taken away by the company and deposited above
    high-water mark, or at such place as may be approved of by
    the Minister, by the Harbourmaster at Kaipara, or by any
    person appointed by the Minister for that purpose.

12. The rights, powers, and privileges conferred by or under
    this Order in Council shall continue to be in force for four-
    teen 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 company shall
    not assign, charge, or part with any such right, power, or
    privilege without the 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 com-
    pensation whatever, on giving to the company 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 registered office of the company in
    New Zealand.

14. The company shall be liable for any injury which the
    said wharves or either of them may cause any vessel or boat
    to sustain through any default or neglect on its part.

15. In case the company shall—
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them;
    (2.) Cease to use or occupy the said wharf for a period
    of thirty days;
    (3.) Be in any manner wound up or dissolved; or
    (4.) Fail to pay the sums specified in clause three of
    these conditions,
    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 company or other proceeding whatsoever; and publica-
    tion in the New Zealand Gazette of an Order in Council
    containing such revocation shall be sufficient notice to the
    company, 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.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing Messrs. Harrison, Naismith, and Co. to use and
occupy a Part of the Foreshore of Half-moon Bay Har-
bour.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-
first day of December, 1895.

Present:

THE HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Joseph
Harrison, George Naismith, and John Harrison, trading
under the style or title of "Harrison, Naismith, and Co."
(hereinafter called "the licensees"), have applied to the
Governor in Council for a license under "The Harbours
Act Amendment Act, 1883" (hereinafter called "the said
Act"), to occupy a part of the foreshore of Half-moon Bay
Harbour, Stewart Island, in order to erect and maintain
thereon fish-cleaning sheds and a tramway, and, in accord-
ance 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. 2043),
showing the place where it is intended to erect such sheds
and tramway, the area of foreshore to be occupied for such
purpose, and the manner in which it is proposed to erect
the sheds and tramway: 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
under the said Act, for the purpose aforesaid, should be
granted and issued to the licensees on the terms and con-
ditions 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 purpose or
object for which the said license is required by the licensees