2414
THE NEW ZEALAND GAZETTE.
No. 106

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 land below low-water mark adjacent thereto, necessary for the construction of the wharf, as shown on plans marked M.D. 2493.

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 £5, and thereafter an annual sum of £5 for the first seven years and £10 for the next seven years, payable on the 1st day of December, dating from the 1st day of December, 1901, the first of such annual payments to be made on the company 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. His 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 company 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.

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 company in New Zealand 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.

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 wharf shall be taken away by the company 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 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 three 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 company in New Zealand.

12. The company 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 company shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them; or
    (2.) Fail to erect and complete the wharf within twelve months from the date of this Order in Council; or
    (3.) Cease to use or occupy the said wharf for a period of thirty days; or
    (4.) Be in any manner wound up or dissolved; or
    (5.) 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 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.

14. The erection of the wharf shall be sufficient evidence of the acceptance by the company of the terms and conditions of this Order in Council.

SECOND SCHEDULE.

The dues and rates hereby prescribed shall apply to the wharf so constructed as aforesaid.

s. d.
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 eighteenth day of December, 1901.

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 provided, may by Order in Council empower the Native Appellate Court to deal with such application as a valid appeal under “The Native Land Court Act, 1894”: And whereas the Chief Judge has, in respect of the application of Peti Raita, under section thirty-nine aforesaid, certified as by the said section sixty-two is required: And whereas the said application in all other respects complies with the requirements of the last-mentioned section:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority enabling him in that behalf, and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby empower the Native Appellate Court to deal with the said application as an appeal, under the provisions of “The Native Land Court Act, 1894,” from the orders of Court hereinafter specified, that is to say,—

The several orders of the Court, dated respectively the twenty-fourth day of November, one thousand nine hundred, appointing Te Awe Potaka and Meri te Awe to succeed to the interests of Te Awe Papanui, deceased, in Marae-taua Nos. 1, 2, and 4 Blocks, Taonui Nos. 1 and 2, Ohotu 6a No. 1, Ohotu 6a No. 2, and Ohotu 6π.

The order of the Court, dated the twenty-fourth day of November, one thousand nine hundred, appointing Te Awe Potaka and Meri te Awe to succeed to the interest of Tamahape Papanui, deceased, in Te Tuhi No. 2 Block.

The order of the Court, dated the twenty-fourth day of November, one thousand nine hundred, appointing Te Awe Potaka and Meri te Awe to succeed to the interest of Tamahape te Awe, deceased, in Parapara No. 2a Block.

The order of the Court, dated the twenty-fourth day of November, one thousand nine hundred, appointing Te Awe Potaka and Meri te Awe to succeed to the interest of Tamahape Komene, deceased, in Te Tuhi No. 1 Block.

ALEX. WILLIS,
Clerk of the Executive Council.