1902
THE NEW ZEALAND GAZETTE.
[No. 90

delineated upon the plan marked S.G. 15124, deposited in
the Head Office, Department of Lands and Survey, at
Wellington, in the Wellington Land District, and thereon
coloured red.

Given under the hand of His Excellency the Right
Honourable Uchter John Mark, Earl of Ranfurly; Knight Commander of the Most Distinguished Order of Saint Michael and Saint 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 fifteenth day of October, in the year of our Lord one thousand eight hundred and ninety-seven.

JOHN McKENZIE,
Minister of Lands.

GOD SAVE THE QUEEN!

Proclaiming the Taking of a Road through Block XI., Mikimiki Survey District.

(l.s.)
RANFURLY, Governor.

A PROCLAMATION.

IN pursuance and in exercise of the powers conferred by section thirteen of “The Land Act, 1892,” I, Uchter John Mark, Earl of Ranfurly, the Governor of the Colony of New Zealand, with the consent of the owners of the lands hereinafter mentioned, and with the consent of the Masterton Road Board, being the local authority in whose district the said lands are situated, do by this notice hereby proclaim as a road the lands mentioned in the Schedule hereto.

SCHEDULE.

The parcels of land mentioned hereunder:—

All in the Wellington Land District; as the same are more particularly delineated on the plan marked as above noted, deposited in the Head Office, Department of Lands and Survey, at Wellington, in the Wellington Land District, and thereon coloured as above mentioned.

Given under the hand of His Excellency the Right Honourable Uchter John Mark, Earl of Ranfurly; Knight Commander of the Most Distinguished Order of Saint Michael and Saint 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 fifteenth day of October, in the year of our Lord one thousand eight hundred and ninety-seven.

JOHN McKENZIE,
Minister of Lands.

GOD SAVE THE QUEEN!

Licensing Messrs. White Bros. to use and occupy a Part of the Foreshore of Collingwood Harbour.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twentieth day of October, 1897.

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” (hereinafter called “the said Act”), Messrs. Edward Fitzwilliam White and Martin Thomas White, of Collingwood, sawmill-proprietors, trading under the firm or title of “Messrs. White Bros.” (and 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 Aorere or Collingwood Harbour, in the Provincial District of Nelson, 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 a plan in the office of the Marine Department at Wellington (marked M.D. 2149) showing the position in which it is intended to erect such wharf, the area of foreshore 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 foreshore is to be occupied: 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 on which the wharf is to be erected, as shown on the plan 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 plan marked M.D. 2149.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensees shall, on being supplied with a copy thereof, pay to the Minister the sum of five pounds, and thereafter an annual sum of two pounds, payable on the 1st day of October, dating from the 1st day of October, 1897.

4. 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.

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 wharf without payment.

6. 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.

7. Any person authorised by the Minister may at all reasonable times enter upon the said wharf and view the state of repairs 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.

8. 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 hereinafter be in force.

9. 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, by the Harbourmaster at Collingwood, 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 licensees 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 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.