Numb. 45. 905

THE

NEW ZEALAND GAZETTE.

Published by Authority.

WELLINGTON, THURSDAY, JUNE 11, 1896.

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-
eighth day of May, 1896.

Present:

THE HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, the
Kauri Timber Company (Limited), of Auckland (hereinafter
called "the company"), has applied to the Governor in
Council for a license under "The Harbours Act Amend-
ment Act, 1883" (hereinafter called "the said Act"), to
occupy a part of the foreshore and land below low-water
mark in order to erect and maintain thereon certain booms
in the Waikahikatea Channel, Wairoa River, Kaipara Har-
bour, for the purpose of confining and storing timber; and,
in accordance with the one hundred and fifty-sixth section
of "The Harbours Act, 1878," have deposited plans in the
office of the Marine Department, at Wellington (marked
M.D. 2072 [two sheets]), showing the place in the said
channel where it is intended to erect such booms, and the
area of foreshore and land below low-water mark intended
to be occupied for such purpose, and the manner in which
it is proposed to construct such booms: 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 naviga-
tion; and the said plans have, prior to the making of this
Order in Council, been approved by the Governor in Council:
And whereas it is expedient that a license under the said
Act, for the purpose aforesaid, should be granted and issued
to the company, 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
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 company
as aforesaid; and in further pursuance and exercise of the
said power and authority, and with the like advice and con-
sent as aforesaid, doth hereby license and permit the com-
pany to use and occupy that part of the foreshore and land
below low-water mark which is particularly shown and de-
lineated on the plans so deposited as aforesaid, for the pur-
pose of constructing or erecting thereon booms for confining
and storing timber of any kind or description whatsoever
belonging to or under the control of the company; 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 defined
   by "The Shipping and Seamen's Act, 1877," and includes
   any officer, person, or authority acting by or under the direc-
   tion 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 land below low-water mark necessary for the
   construction of booms in the Waikahikatea Channel, Wairoa
   River, Kaipara Harbour, which is shown on the said plans
   marked M.D. 2072.

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 one pound
   ten shillings, in respect of such booms, such annual pay-
   ments to date from the first day of June, one thousand eight
   hundred and ninety-six, and the first of such annual pay-
   ments to be made to the Minister on a copy of this Order in
   Council being supplied to the company.

4. That the rights, powers, and privileges conferred by
   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 autho-
   rity; and the company shall not assign, charge, or part with
   any such right, power, or privilege without the previous
   written consent of the Minister first obtained.

5. That the said rights, powers, and privileges may be at
   any time resumed by the Governor, and the company may
   be required to remove the booms from the said channel and
   the bed thereof at its own cost, without payment of any
   compensation whatever, on giving to the company three
   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
   company in New Zealand.

6. The company shall be liable for any injury which may
   be sustained by any vessel or boat in passing the booms, or
   by contact with them, and which may be occasioned by any
   default or neglect on its part.

ERRATUM.—In New Zealand Gazette No. 43, of the 4th June, 1896, page 881, under "Volunteer Officer transferred," for "Major Arthur Morton" read "Major Arthur Morrow."

A