1874
THE NEW ZEALAND GAZETTE.
[No. 88

Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, do hereby order and declare that the lands in the Otago Land District described in the Schedule hereto shall be and the same are hereby brought under the operation of and declared to be subject to the provisions of “The Public Domains Act, 1881”; and such lands shall hereafter be managed, administered, and dealt with in manner directed by the said Act.

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SCHEDULE.

All that parcel of land in the Otago Land District, containing by admeasurement 2 acres 1 rood 22 perches, more or less, being Section No. 2, Block LIV., Town of Lawrence. Bounded towards the north-west by Steep Street, 365·5 links; towards the north-east by Section No. 3, 649·4 links; towards the south-east by Crown lands, 365·4 links; and towards the south-west by a reserve, 653·7 links: as the same is delineated on the plan deposited in the office of the Chief Surveyor, Dunedin.

Also all that parcel of land in the Otago Land District, containing by admeasurement 8 acres and 23 perches, more or less, being sections numbered respectively 3, 4, and 5, Block LIV., Town of Lawrence. Bounded towards the north-west by Steep Street, 400 links and 1193·2 links; towards the north by Block XIX., Tuapeka East District, 1474·5 links; towards the south-east by Crown lands, 1913·3 links; and towards the south-west by section numbered 2 of the said Block LIV., 649·4 links: as the same is delineated on the plan deposited in the office of the Chief Surveyor, Dunedin.

ALEX. WILLIS,
Clerk of the Executive Council.

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Licensing the Mitchelson Timber Company (Limited) to use and occupy a Part of the Foreshore of Kaipara Harbour.

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RANFURLY, Governor.

By his Deputy,
ROBERT STOUT.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifteenth day of October, 1900.

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 Mitchelson Timber Company (Limited), (hereinafter called “the company”), 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 Aoroa, on the Wairoa River, Kaipara Harbour, in order to extend two wharves, which were built in accordance with plans marked M.D. 1847 and 1859, and to erect a wharf; 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. 2368), showing the area of foreshore and land below low-water mark intended to be occupied, and the manner in which it is proposed to extend and erect the wharves: 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 company 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 company 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 company to use and occupy those parts of the foreshore and of the land below low-water mark, as shown on the plans marked M.D. 2368 so deposited as aforesaid, for the purpose of extending the said two wharves marked Nos. 1 and 2 on the plans, and of erecting the wharf marked No. 3 on the plans, such license to be held and enjoyed by the company 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 parts of the foreshore and of the land below low-water mark occupied by extension of the said two wharves Nos. 1 and 2, such extension being cross-hatched yellow, and by the erection of the wharf marked No. 3, as shown on plans marked M.D. 2368.

3. In consideration of the concessions and privileges granted by this Order in Council, the company 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 one pound, payable on the first day of September, dating from the first day of September, one thousand nine hundred.

4. All persons shall, at all reasonable times, upon payment of the proper dues, have free and full liberty to use the said wharves, 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 wharves without payment.

6. The company shall maintain the above-mentioned wharves 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.

7. Any person authorised by the Minister may at all reasonable times enter upon the said wharves and view the state of repair thereof; and upon such Minister leaving at or posting to the last-known registered office of the company in New Zealand a notice in writing of any defect or want of repair in such wharves, 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.

8. Nothing herein contained shall authorise the company 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 wharves shall be taken away by the company and deposited above high-water mark, or at such place as may be approved of by the Harbourmaster at Kaipara, 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 first day of August, one thousand eight hundred and ninety-three, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the company 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 company 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 company in New Zealand.

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

13. In case the company 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 wharves or either of them for a period of thirty days;

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

(4.) Fail to pay the sums specified in clause 3 of these conditions,

then and in any of the said cases this Order in Council, and every license, right, power, or privilege, may be revoked and determined by the Governor in Council without any notice to the company 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 company, 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.