2348
THE NEW ZEALAND GAZETTE.
[No. 104

SCHEDULE.

The several parcels of land mentioned in list hereunder:—

All in the Land District of Otago; as the same are more particularly delineated on the plan marked as above noted, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District, and thereon coloured as above mentioned.

Given under the hand of His Excellency the Right Honourable Uchter John Mark, Earl of Ranfurly; Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George; Governor and Commander-in-Chief in and over His Majesty’s Colony of New Zealand and its Dependencies; and issued under the Seal of the said Colony, at the Government House, at Wellington, this second day of December, in the year of our Lord one thousand nine hundred and one.

T. Y. DUNCAN,
Minister of Lands.

GOD SAVE THE KING!

Licensing the New Zealand Timber Company Proprietary (Limited) to use and occupy a Part of the Foreshore of Hokianga Harbour.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-eighth day of November, 1901.

Present:

THE HONOURABLE W. C. WALKER PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, the New Zealand Timber Company Proprietary (Limited), (hereinafter called “the company”), has applied to the Governor in Council for a license under “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), to occupy a part of the foreshore in order to erect and maintain two booms at Koutu Point, in Hokianga Harbour, for the purpose of securing timber and logs; 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. 2486) showing the place in the said harbour where it is intended to erect such booms, and the area of foreshore intended to be occupied for such purpose: And whereas it has been made to appear to the Governor in Council that the proposed work will not be or tend to the injury of navigation; and the said plan has, prior to the making of this Order in Council, been approved by the Governor in Council: And whereas it is expedient that a license under the said Act for the purpose aforesaid should be granted and issued to the company 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 with the advice and consent of the Executive Council of the said colony, doth hereby approve of the purpose or 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 that part of the foreshore which is particularly shown and delineated on the plan marked M.D. 2486, deposited as aforesaid, for the purpose of constructing or erecting thereon booms in accordance with the plan aforesaid for securing timber and logs; 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 part of the foreshore necessary for the construction of two booms in Hokianga Harbour, which is shown on the said plan marked M.D. 2486.

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 five pounds, and thereafter an annual sum of one pound in respect of each of such booms, such annual payments to date from the first day of December, one thousand nine hundred and one, and the first of such annual payments to be made to the Minister on a copy of this Order in Council being supplied to the company.

4. 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 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.

5. The said rights, powers, and privileges may be at any time resumed by the Governor, and the company may be required to remove the booms from the said harbour at its own cost, without payment of any compensation whatever, on giving to the company one calendar month’s 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.

6. The company shall be liable for any injury which may be sustained by any vessel or boat in passing the booms or by contact with them, and which may be occasioned by any default or neglect on its part.

7. 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 booms for a period of thirty days;

(3.) Fail to pay the sums specified in clause three of these conditions; or

(4.) Be in any manner wound up or dissolved—

then and in any 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 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 rights and privileges thereby conferred, have been revoked and determined; and upon such revocation the Minister may cause the said booms, and all other erections or buildings thereto belonging, to be removed, and may recover the cost incurred by any such removal from the company.

8. The construction of the booms shall be deemed to be an acceptance by the company of the conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing the Monowai Gold-mining Company (Limited) to use and occupy a Part of the Foreshore of the Firth of Thames as a Site for a Wharf.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-eighth day of November, 1901.

Present:

THE HONOURABLE W. C. WALKER PRESIDING 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 Monowai Gold-mining 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 of the Firth of Thames, at Waiomo, in order to construct 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.2487) showing the area of foreshore intended to be occupied, and the manner in which it is proposed to construct the wharf: And whereas the Governor in Council has approved of the purpose for which the said foreshore is to be occupied: And whereas it is expedient that a