Feb. 7.] THE NEW ZEALAND GAZETTE. 337

purpose aforesaid, should be granted and issued to the Board 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 purpose or object for which the said license is required by the Board 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 Board to use and occupy the part of the foreshore necessary for the shed, as shown on the plans marked M.D. 2402, for the erection of a landing-shed in accordance with the plans marked M.D. 2402, and which said license shall be held and enjoyed by the Board 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 erection of the landing-shed shown on plans marked M.D. 2402, and deposited in the office of the Marine Department as aforesaid.

3. Any person authorised by the Minister may at all reasonable times enter upon the said premises and view the state of repair thereof; and upon such Minister leaving at or posting to the last known office of the Board a notice in writing of any defect or want of repair in such premises, requiring them, within a reasonable time, to be therein prescribed, to repair the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made, as the case may be.

4. 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 Board shall not assign, charge, or part with any such right, power, or privilege without the written consent of the Minister first obtained.

5. 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 Board 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 office of the Board.

6. The Board shall be liable for any injury which any work or structure on the said premises may cause any vessel or boat to sustain through any default or neglect on the part of the Board.

7. In case the Board shall—

(1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;

(2.) Cease to provide or maintain any work or structure on the said premises in good order and condition;

or

(3.) Cease to occupy the premises for a period of thirty days,

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 Board 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 Board, 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.

Licensing the National Mortgage and Agency Company (Limited) to use and occupy a Part of the Tidal Land and Water of Kaipara Harbour.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this thirty-first day of January, 1901.

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 National Mortgage and Agency 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 tidal land and water of Wairoa River, near Te Koporu, in Kaipara Harbour, in order to further extend a wharf constructed in accordance with plans marked M.D. 1514, 1515, and 2156, which were approved by the Governor in Council on the twenty-fourth day of September, one thousand eight hundred and eighty-nine, and on the twenty-second day of November, one thousand eight hundred and ninety-seven, 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. 2393), showing the place where it is intended to make such extension, the area of tidal land and water intended to be occupied, and the manner in which it is proposed to make the extension: And whereas the Governor in Council has approved of the purpose for which the said license is required: 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 that part of the tidal land and water on which the wharf-extension is to be erected, as shown on the plan so deposited as aforesaid, for the purpose of erecting and maintaining the said wharf-extension, 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 tidal land and water occupied by the said wharf-extension, as shown on plan marked M.D. 2393.

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 November, dating from the first day of November, one thousand nine hundred and one, the first of such annual payments to be made on the first day of November, one thousand nine hundred and one.

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

6. The company shall maintain the above-mentioned wharf-extension 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-extension and view the state of repair thereof; and upon such Minister leaving at or posting to the last-known office of the company in New Zealand a notice in writing of any defect or want of repair in such wharf-extension, 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-extension 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, by the Harbourmaster at Kaipara, 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