1480
THE NEW ZEALAND GAZETTE.
[No. 68

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 necessary for the erection of the wharf, as shown on plans marked M.D. 2287.

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 £2 10s., and thereafter an annual sum of 10s., payable on the 1st day of August, dating from the 1st day of August, 1899, 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 previous 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 address of the licensee.

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 his 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.) 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 3 of these conditions,
    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 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.

ALEX. WILLIS,
Clerk of the Executive Council.

Vesting Management of Mangawai Wharf in the Mangawai Road Board, and prescribing Dues.

RANFURLY, Governor.

ORDER IN COUNCIL.
At the Government House, at Wellington, this eighth day of August, 1899.

Present:
His Excellency the Governor in Council.

WHEREAS by section fourteen of “The Harbours Act, 1878,” 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 thought desirable to vest the management of the wharf at Mangawai in the Mangawai Road Board on the terms and conditions hereinafter set forth in the First Schedule, and to prescribe the dues and rates and to make the regulations set forth in the Second Schedule hereto:

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 section of “The Harbours Act, 1878,” and of all other powers and authorities in anywise enabling him in that behalf, doth hereby vest the management of the Mangawai Wharf, which is shown on plan marked M.D. 418, and deposited in the office of the Marine Department, in the Mangawai Road Board, subject to the conditions set forth in the First Schedule hereto; and in pursuance and exercise of the power and authority conferred by the seventeenth and two-hundred-and-twelfth sections of “The Harbours Act, 1878,” 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 said Board for the use of the said wharf.

FIRST SCHEDULE.
CONDITIONS.

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 of ingress and egress thereon 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, through, and out of the wharf without payment.

3. That the said Road Board shall maintain and keep the above-mentioned wharf, and all erections on the wharf, 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 exhibited until after it has been approved of by the Marine Department.

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

5. That the said Board shall appoint all officers and servants required for the management and working of the said wharf.

6. That the said Board shall not erect or suffer to be erected on the said wharf any building or structure whatever except with the consent of the Marine Department.

7. That the said Board shall keep a separate account of the receipts and expenditure on account of such wharf, and shall cause such account to be balanced to the 31st March in each year, and shall send a copy of such account, when balanced, to the Marine Department, and shall supply any particulars in reference thereto as may be required by the Marine Department.

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

9. That the rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years, computed from the date of this Order in Council, unless in the meantime altered, modified, or revoked.

10. That the rights, powers, and privileges conferred under or by virtue of this Order in Council may be at any time