1400
THE NEW ZEALAND GAZETTE.
[No. 65

Licensing the Hobson County Council to use and occupy a Part of the Foreshore of Kaipara Harbour as a Wharf-site.

RANFURLY, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this twenty-ninth 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”), the Hobson County Council (hereinafter called “the Council”) 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 adjacent thereto, at Te Koporu, on the Wairoa River, in Kaipara Harbour, in order to erect a wharf thereon, and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” has deposited a plan in the office of the Marine Department at Wellington (marked M.D. 2210) showing 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 foreshore and land below low-water mark are to be occupied: And whereas it is expedient that a license should be granted and issued to the Council 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 Council 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 Council to use and occupy that part of the foreshore and of the 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 thereon, such license to be held and enjoyed by the Council upon and subject to the terms and conditions set forth in the First Schedule hereto.

And in pursuance and exercise of the power and authority conferred upon him by the seventeenth section of “The Harbours Act, 1878,” His Excellency the Governor, acting by and with the like advice and consent, doth hereby prescribe that the dues and rates set forth in the Second Schedule hereto shall be taken by the Council 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 of the land below low-water mark which is marked “Proposed wharf” on plan marked M.D. 2210.

3. 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.

4. 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.

5. The Council shall maintain the above-mentioned wharf 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.

6. 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 Council a notice in writing of any defect or want of repair in such wharf, 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.

7. Nothing herein contained shall authorise the Board 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.

8. The ballast of all vessels loading at the said wharf shall be taken away by the Council and deposited above high-water mark, or at such place as may be approved of by the Minister, by the Harbourmaster for Kaipara, or by any person appointed by the Minister for that purpose.

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

10. 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 Council 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 Council.

11. The Council shall appoint all officers necessary for the control and management of the wharf.

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

13. In case the Council shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them; or
    (2.) Cease to use or occupy the said wharf for a period of thirty days,
    then and in either of the said cases this Order in Council, and every right, power, or privilege, may be revoked and determined by the Governor in Council without any 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, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.

SECOND SCHEDULE.

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.

ALEX. WILLIS,
Clerk of the Executive Council.

Empowering Native Appellate Court to hear Appeal under Section 62 of “The Native Land Laws Amendment Act, 1895.”

RANFURLY, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this twenty-ninth day of August, 1898.

Present:
His Excellency the Governor in Council.

WHEREAS by section sixty-two of “The Native Land Laws Amendment Act, 1895,” it is provided that in any case in which application has been or shall be made to the Chief Judge of the Native Land Court, under section thirty-nine of “The Native Land Court Act, 1894,” in respect of any order of the Court determining the succession to the estate of any Native deceased, the Governor, on being certified by the Chief Judge as in the said section is pro-