1368
THE NEW ZEALAND GAZETTE.
No. 64

Licensing W. T. Erskine to use and occupy a Part of the Foreshore of Bolton Bay, Mahau Sound.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-second day of August, 1898.

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”), William Thomas Erskine, of Havelock, accountant (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 Bolton Bay, Mahau Sound, a part of the Pelorus Sound, in order to erect and maintain a wharf 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. 2205) 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 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 foreshore and land below low-water mark 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 licensee upon and subject to the terms and conditions set forth in the First Schedule hereto. And in pursuance of the power and authority conferred upon him by “The Harbours Act, 1878,” and with the like advice and consent, His Excellency the Governor doth hereby prescribe that the dues set forth in the Second Schedule hereto shall be taken by the licensee for the use of the said wharf.

FIRST SCHEDULE.

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 and land below low-water mark occupied by the said wharf, as shown on plans marked M.D. 2205.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensee shall, on being supplied with a copy thereof, pay to the Minister the sum of two pounds ten shillings, and thereafter an annual sum of ten shillings, payable on the first day of August, dating from the first day of August, one thousand eight hundred and ninety-eight, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

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 licensee shall maintain the above-mentioned wharf in good order and repair, and shall at all times exhibit therefrom and maintain at his 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 repair thereof; and upon such Minister leaving at or posting to the last-known address of the licensee a notice in writing of any defect or want of repair in such wharf, requiring him, within a reasonable time, to be therein prescribed, to repair the same, he shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorise the licensee 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 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 licensee 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, and the licensee may be required to remove the wharf from the said bay and the bed thereof at his own cost, without payment of any compensation whatever, on giving to the licensee 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 licensee.

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

12. In case the licensee 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;
    (3.) Become bankrupt, or be in any manner brought under the operation of any Act for the time being in force relating to bankruptcy; or
    (4.) Fail to pay the sums specified in clause three of these conditions,

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 licensee 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 licensee, 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.

13. The erection of the wharf shall be deemed to be an acceptance by the licensee of the conditions of this Order in Council.

SECOND SCHEDULE.

Grain or flour, per ton .. .. .. .. 1 0
Ditto, not exceeding 200 lb. bags .. .. .. 0 2
Posts and rails, per 100 .. .. .. .. 0 6
Firewood, per cord .. .. .. .. 0 6
Sawn timber, inwards or outwards, up to 1,000 ft. superficial, per 100 ft. .. .. .. 0 2
Ditto, over 1,000 ft. superficial, per 100 ft. .. 0 1
Single bag or parcel .. .. .. .. 0 2
Horses or great cattle, first one .. .. .. 2 0
Ditto, all over one, each .. .. .. .. 1 0
Sheep or pigs, each .. .. .. .. 0 1
Sheep, all over 100, each .. .. .. .. 0 0½
Bricks, per 1,000 .. .. .. .. 2 0
Coal, per ton .. .. .. .. 1 0
Wool, per bale .. .. .. .. 0 2
Flax and tow, per bale .. .. .. .. 0 2
Hides, 1d. each, or per ton of forty to the ton .. 2 0
Sheepskins, per bale .. .. .. .. 0 3
All other goods, either weight or measurement, at the option of the wharfinger, per ton .. .. 1 0
Half-dues to be charged on all goods transshipped into lighters.
All vessels lying alongside the wharf without landing or receiving cargo, first day, free.
Ditto. after the first day (excepting Sundays and holidays), per ton net register per day .. .. 0 0½

Such passengers’ luggage or ships’ stores as are carried in hand, not exceeding a quarter of a ton, shall be exempt from wharfage charges.

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