1058
THE NEW ZEALAND GAZETTE.
[No. 48

Additional Land in Onewhero Survey District taken for the Purposes of the Kaipara-Waikato Railway.

(L.S.)
RANFURLY, Governor.

A PROCLAMATION.

WHEREAS it has been found desirable for the use, convenience, and enjoyment of the Kaipara-Waikato Railway to take further land in Onewhero Survey District, in addition to land previously acquired for the purposes of the said railway:

Now, therefore, I, Uchter John Mark, Earl of Ranfurly, the Governor of the Colony of New Zealand, in exercise of the powers and authorities conferred on me by sections twenty-eight and one hundred and sixty-seven of “The Public Works Act, 1894,” and of every other power and authority in anywise enabling me in this behalf, do hereby proclaim and declare that the land mentioned in the Schedule hereto is taken for the purposes above mentioned.

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SCHEDULE.

The parcel of land mentioned hereunder:—

In the Auckland Land District; as the same is more particularly delineated on the plan marked 10213, deposited in the office of the Minister for Railways, at Wellington, in the Provincial District of Wellington, and thereon coloured blue.

Given under the hand of His Excellency the Right Honourable Uchter John Mark, Earl of Ranfurly; Knight Commander 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 sixth day of May, in the year of our Lord one thousand nine hundred and one.

C. H. MILLS,
For Minister for Railways.

GOD SAVE THE KING!

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Licensing the Kauri Timber Company (Limited) to use and occupy a Part of the Land below Low-water Mark of Kaipara Harbour.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this sixth day of May, 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 Kauri Timber Company (Limited), of Auckland (hereinafter called “the company”), has applied to the Governor in Council for a license under the said Act to occupy a part of the land below low-water mark of the Wairoa River, in Kaipara Harbour, in order to extend a No. 3 wharf, which is shown on plan marked M.D. 2038, 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. 2420) showing the position in which it is intended to erect such extension of the said wharf, the area of land below low-water mark intended to be occupied, and the manner in which it is proposed to erect 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 land below low-water mark on which the extension to the said wharf No. 3 is to be erected, as shown in yellow on the plan so deposited as aforesaid, for the purpose of erecting and maintaining the said 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 land below low-water mark occupied by the said extension of the wharf, as shown in yellow on plan marked M.D. 2420.

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 three pounds, and thereafter an annual sum of two pounds payable on the 1st day of April, dating from the 1st day of April, 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 extension of the 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 extension without payment.

6. The company shall maintain the above-mentioned 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. The company shall clear all trucks and trolleys off the tramways on the said extension of the wharf at the close of each day’s work.

8. Any person authorised by the Minister may at all reasonable times enter upon the said extension of the wharf 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 extension of the 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.

9. 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.

10. The ballast of all vessels loading at the said extension of the 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, by the Harbourmaster at Kaipara, or by any person appointed by the Minister for that purpose.

11. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for fourteen years from the 21st December, 1895, 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 written consent of the Minister first obtained.

12. 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.

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

14. 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 extension 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 three of these conditions,

then and in either of the said cases this Order in Council, and every license, right, power, or privilege thereby con-