2116

THE NEW ZEALAND GAZETTE.

[No. 98

prescribed what dues and rates shall be taken by the body
or person in whom any such wharf shall be vested as afore-
said:

And whereas it is thought desirable to vest in the Hobson
County Council the management of the wharf at Miti tai, in
Kaipara Harbour, on the terms and conditions hereinafter
set forth, and to prescribe the dues and rates which shall be
taken by the said Council for the use of such wharf:

Now, therefore, His Excellency the Governor of the Colony
of New Zealand, 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 vested in him by the
said fourteenth and seventeenth sections of the said Act, and
of all other powers and authorities in anywise enabling him
in that behalf, doth hereby vest the management of the
wharf, and premises in connection therewith, at Miti tai afore-
said, as shown on plans marked M.D. 410 and 424, and
deposited in the office of the Marine Department at Wel-
lington, in the Hobson County Council, subject to the con-
ditions set forth in the First Schedule hereto; and doth
hereby prescribe that the dues and rates set forth in the
Second Schedule hereto shall be taken by the said Council
for the use of the said wharf and premises.

FIRST SCHEDULE.

CONDITIONS OF MANAGEMENT.

1. THAT all Her Majesty's subjects shall, at all reasonable
   times, and upon payment of the proper dues, have free and
   full liberty to use the above-mentioned wharf, and rights
   of ingress and egress thereto and therefrom.

2. That 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, over, and out of the wharf without payment.

3. That the Hobson County Council (hereinafter referred
   to as "the Council") shall maintain and keep the above-
   mentioned wharf, and all erections on or in connection
   therewith, in good order and repair; and shall at all times
   permit to be erected and exhibited therefrom any lights for
   the guidance of vessels, and shall maintain at its own cost
   any such lights: Provided that no new light shall be ex-
   hibited until after it has been approved by the Minister for
   the time being having charge of the Marine Department
   (hereinafter referred to as "the said Minister").

4. That all dues and rates received on account of the said
   wharf by the Council shall be applied to keeping the said
   wharf and all erections on or in connection with such
   wharf in good order and repair.

5. That any person authorised by the said Minister, or
   any officer acting with his approval, may at all reasonable
   times enter upon the said wharf, and any buildings erected
   thereon or in connection therewith, and view the state of
   repair thereof; and that, upon his leaving at or posting to
   the last-known address of the Council a notice in writing of
   any defect or want of repair in such wharf or buildings,
   requiring the Council, within a reasonable time, to be therein
   prescribed, to make good or repair the same, the Council
   shall, with all convenient speed, cause such defect to be
   removed or such repairs to be made.

6. That the Council shall not erect, or suffer to be erected,
   on the said wharf any building or structure whatever except
   with the consent of the said Minister.

7. That the Council shall appoint all officers necessary for
   the working and management of the wharf.

8. That nothing herein contained shall authorise the
   Council 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 thereunder.

9. That the rights, powers, and privileges hereby con-
   ferred shall continue in force for fourteen years, computed
   from the date of the foregoing Order in Council, unless in
   the meantime altered, modified, or revoked.

10. That the rights, powers, and privileges conferred
    under or by virtue of the foregoing Order in Council may be
    at any time resumed by the Governor on giving to the
    Council six calendar months' notice in writing. Any such
    notice shall be sufficient if given by the Governor or the
    said Minister, or by any person acting under his or their
    instructions, and delivered at or posted to the last known
    address of the Council, its successors or assigns. No com-
    pensation or allowance shall be payable in such case.

11. The Council shall be liable for any injury which may
    be caused at the said wharf to any vessel or boat through
    any default or neglect on the part of the Council.

12. In case the Council shall-

(1.) Commit or suffer a breach of the conditions herein-
before set forth, or any of them; or

(2.) Cease to use or occupy the said wharf for a period
of thirty consecutive days,

then and in either of the said cases every right, power, or

privilege hereby conferred may be revoked and determined
by the Governor in Council without notice to the Council 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 Council, and to
all persons concerned or interested, of the facts stated in
such Order in Council.

SECOND SCHEDULE.

WHARFAGE.

£ s. d.

On every vessel under 20 tons register lying along-
side a wharf, for each day or part of a day .. 0 1 0
On every vessel under 20 tons register, for every
day or part of a day that such vessel lies along-
side a vessel lying at a wharf .. .. .. 0 0 6
On every vessel under 20 tons register undergoing
repairs or fitting out alongside a wharf, or lying
off a wharf with a line attached thereto, per day
or part of a day .. .. .. .. .. .. 0 0 6
On every vessel of 20 tons register and upwards
lying alongside a wharf, per ton per day or part
of a day .. .. .. .. .. .. .. .. 0 0 04
Minimum charge on every sailing-vessel of 20 tons
register and upwards lying alongside a wharf,
per day or part of a day .. .. .. .. 0 1 0
Minimum charge on every steamer of 20 tons
register and upwards lying alongside a wharf,
per day or part of a day .. .. .. .. 0 1 6
On every vessel of 20 tons register and upwards
lying alongside a vessel at a wharf, or lying off
a wharf with a line attached thereto, or under-
going repairs, per ton per day or part of a day .. 0 0 04
Minimum charge for vessel last mentioned .. 0 0 6
On all stone or shingle ballast landed on a wharf,
per ton .. .. .. .. .. .. .. .. 0 0 6
On all other kinds of ballast as per agreement.

ALEX. WILLIS,

Clerk of the Executive Council.

Licensing F. W. Matthews to use and occupy a Part of the
Foreshore of Kaipara Harbour.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-second
day of November, 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"), Frederick William Matthews, of
Tatarariki, Kaipara (hereinafter called "the licensee"), 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, near Te Koporu, in
Kaipara Harbour, in order to further extend a wharf con-
structed by him in accordance with plans marked M.D. 1514
and 1515, which were approved by the Governor in Council
on the 24th day of September, 1889, 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. 2156) show-
ing the place where it is intended to make such extension,
the area of foreshore and land below low-water mark in-
tended to be occupied, and the manner in which it is pro-
posed to make the extension: 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 licensee 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
licensee 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 licensee to use and occupy that part of the fore-
shore and land below low-water mark on which the wharf-
extension is to be erected, as shown on the plan so deposited
as aforesaid, for the purpose of erecting and maintaining
the said wharf-extension, such license to be held and enjoyed
by the licensee upon and subject to the following terms and
conditions, that is to say:-