632
THE NEW ZEALAND GAZETTE.
[No. 27

And whereas the lands described in the Schedule hereto form part of lands which are held on perpetual lease from Her Majesty the Queen under Part IV. of the said Act, dated the eighth day of July, one thousand eight hundred and ninety-one: And whereas in the opinion of the Governor the lands described in the Schedule hereto are required for a public purpose, that is to say, for the purposes of a public road or highway:

Now, therefore, in pursuance and exercise of the powers and authorities conferred upon me by “The Land Act, 1885,” and of all other powers and authorities in any wise enabling me in that behalf, I, David, Earl of Glasgow, the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, do hereby proclaim and declare that I hereby resume possession of the lands described in the Schedule hereto for the public purpose hereinbefore mentioned, the same being part of the lands as held under lease as aforesaid; and do also hereby proclaim and declare that this Proclamation shall take effect on the sixteenth day of April, one thousand eight hundred and ninety-six.

SCHEDULE.

As the said areas are delineated upon the plan marked S.G. 28454, deposited in the Head Office of the Department of Lands and Survey, at Wellington, in the Wellington Land District, and thereon coloured purple.

Given under the hand of His Excellency the Right Honourable David, Earl of Glasgow; Knight Grand Cross of the Most Distinguished Order of Saint Michael and St. George; Governor and Commander-in-Chief in and over Her Majesty’s Colony of New Zealand and its Dependencies; and issued under the Seal of the said Colony, at the Government House, at Wellington, this ninth day of April, in the year of our Lord one thousand eight hundred and ninety-six.

JOHN McKENZIE,
Minister of Lands.

Approved in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

GOD SAVE THE QUEEN!

Licensing Messrs. Kay and Menzies to use and occupy a Part of the Foreshore of Decanter Bay.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this ninth day of April, 1896.

Present:

THE HONOURABLE J. McKENZIE 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”), Charles Phillip Kay, John Henry Menzies, and William Menzies, of Decanter Bay, Little Akaloa (hereinafter called “the licensees”), have 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 Decanter Bay, Banks Peninsula, in order to erect a wharf thereon, and, in accordance with the one hundred and fifty-sixth section of “The Harbours Act, 1878,” have deposited plans (two sheets) in the office of the Marine Department at Wellington (marked M.D. 2026), showing the position in which it is intended to erect such wharf, the area of foreshore and land below low-water mark intended to be occupied, and the manner in which it is proposed to erect the wharf: 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 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 land below low-water mark on which the wharf is to be erected, as shown on the plans so deposited as aforesaid, for the purpose of erecting and maintaining the said 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 occupied by the said wharf, as shown on plans marked M.D. 2026.

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

4. 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 wharf without payment.

5. 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.

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

7. Nothing herein contained shall authorise the licensees to do or cause to be done anything repugnant to or inconsistent with any law 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.

8. The ballast of all vessels loading at the said wharf shall be taken away by the licensees and deposited above high-water mark, or at such place as may be approved of by the Minister, or by any person appointed by the Minister for that purpose.

9. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be 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 written consent of the Minister first obtained.

10. 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, or either of them.

11. The licensees shall be liable for any injury which the said wharf may cause any vessel or boat to sustain through any default or neglect on their part.

12. 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; or
    (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 either of the said cases this Order in Council, and every license, right, power, or privilege thereby conferred, may be revoked and determined by the Governor in Council without any notice to the licensees or other proceeding 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 thereby granted and conferred, have been revoked and determined.

ALEX. WILLIS,
Clerk of the Executive Council.