234
THE NEW ZEALAND GAZETTE.
[No. 9

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 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 plans marked M.D. 2168.

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 five pounds, and thereafter an annual sum of two pounds, payable on the first day of January, dating from the first day of January, 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 ballast of all vessels loading at the said wharf shall be taken away by the licensee, 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 licensee 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 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 registered office of the syndicate in New Zealand.

12. 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 its part.

13. 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.) Be in any manner wound up or dissolved;
    (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.

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

Vesting Management of Kaikoura Wharf and Goods-shed in the Kaikoura County Council, making Regulations, and prescribing Dues.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-eighth day of January, 1898.

Present:

THE HONOURABLE W. C. WALKER PRESIDING IN COUNCIL.

WHEREAS by section fourteen of “The Harbours Act, 1878” (hereinafter termed “the said Act”), it is enacted that the Governor in Council may vest the management of any wharf the property of Her Majesty in any local governing body or person, upon such terms and conditions as the Governor in Council thinks fit:

And whereas it is provided by section seventeen of the said Act that in and by any such Order in Council it may be prescribed what dues and rates shall be taken by the body or person in whom any such wharf shall be vested as aforesaid:

And whereas it is provided by the said Act that in harbours where there is no Harbour Board the Governor in Council shall have all the powers, functions, duties, and authorities by such Act conferred upon Harbour Boards, and may exercise the same under regulations to be made in manner provided by section 212 of the said Act: And whereas there is no Harbour Board having jurisdiction in the Harbour of Kaikoura:

And whereas it is thought desirable to vest in the Kaikoura County Council the management of the Kaikoura Wharf, and goods-shed connected therewith, on the terms and conditions hereinafter set forth, to make regulations, 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 Kaikoura Wharf, and goods-shed connected therewith, in the Kaikoura County Council, subject to the conditions set forth in the First Schedule hereto; 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; and doth hereby make the regulations contained in the Third Schedule hereto, and doth order that the same shall, on and after the date of this Order in Council, apply to the port or harbour of Kaikoura and the wharf aforesaid.

The Orders in Council of the twenty-third day of February, one thousand eight hundred and ninety-four, and the twenty-first day of December, one thousand eight hundred and ninety-four, making regulations and prescribing dues for the said wharf, are hereby revoked.

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 Kaikoura County Council (hereinafter referred to as “the Council”) shall maintain and keep the above-mentioned wharf, goods-shed, 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