202
THE NEW ZEALAND GAZETTE.
[No. 8

Dues and Rates for Kauri Timber Company's Wharf at Aratapu, Kaipara.

GLASGOW, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this twenty-fifth day of January, 1896.

Present:
THE HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

WHEREAS by Order in Council dated the fourth day of November, one thousand eight hundred and ninety-five, the management of the Aratapu Wharf, which is shown on plan marked M.D. 2020, was vested in the Kauri Timber Company (Limited):

And whereas it is desirable that dues and rates should be prescribed for the use of the said wharf:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said Colony, and in pursuance and exercise of the power and authority conferred by “The Harbours Act, 1878,” and the amendments thereof, and of all other powers and authorities enabling him in this behalf, doth hereby prescribe that the dues and rates specified in the Schedule hereto shall be charged and taken on and after the publication of this Order in Council in the New Zealand Gazette for the use of the said wharf.

SCHEDULE.

The following dues, tolls, and charges shall be paid for the use of the Kauri Timber Company's wharf at Aratapu, in the Harbour of Kaipara, viz.:

On every vessel under 20 tons register lying alongside the wharf, for each day or part of a day .. 1 0
On every vessel under 20 tons register, for every day or part of a day that such vessel lies alongside a vessel lying at the wharf .. .. .. 0 6
On every vessel under 20 tons register undergoing repairs or fitting out alongside the wharf, or lying off the wharf with a line attached thereto, per day or part of a day .. .. .. 0 6
On every vessel of 20 tons register and upwards lying alongside the wharf, per ton per day or part of a day .. .. .. .. 0 0½
Minimum charge on every sailing-vessel of 20 tons register and upwards lying alongside the wharf, per day or part of a day .. .. .. 1 0
Minimum charge on every steamer of 20 tons register and upwards lying alongside the wharf, per day or part of a day .. .. .. 1 6
On every vessel of 20 tons register and upwards lying alongside a vessel at the wharf, or lying off the wharf with a line attached thereto, or undergoing repairs, per ton per day or part of a day .. 0 0½
Minimum charge for vessel last mentioned .. 0 6
On all stone or shingle ballast landed on the wharf, per ton .. .. .. .. 0 6
On all other kinds of ballast as per agreement.

J. F. ANDREWS,
Acting-Clerk of the Executive Council.

Licensing the Ngunguru Coal Company (Limited) to use and occupy a Part of the Foreshore of Ngunguru Harbour.

GLASGOW, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this twenty-fifth day of January, 1896.

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 Ngunguru Coal Company (Limited), being a duly-registered company under the provisions of “The Companies Act, 1882” (and 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 Ngunguru River, in Ngunguru Harbour, in order to erect and maintain two wharves thereon, and in accordance with the one hundred and fifty-sixth section of “The Harbours Act, 1878,” has deposited plans in the office of the Marine Department at Wellington (marked M.D. 2046 and 2047), 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 proposed 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 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 company to use and occupy those parts of the foreshore and land below low-water mark on which the wharves are to be erected, as shown on the plans 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 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 parts of the foreshore occupied by the said wharves, as shown on plans marked M.D. 2046 and 2047.

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 in respect of each wharf, payable on the 1st day of January, dating from the 1st day of January, 1896.

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. Any person authorised by the Minister may at all reasonable 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 address of the company a notice in writing of any defect or want of repair in such wharves, or either of them, 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.

8. Nothing herein contained shall authorise the company 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.

9. 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, or by any person appointed by the Minister for that purpose.

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

11. 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 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.

12. 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.

13. In case the company 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;