1198
THE NEW ZEALAND GAZETTE.
[No. 53

inafter called “the Council”) has applied to the Governor
in Council for a license under the said Act to occupy a
part of the foreshore of the Wairoa River at Miti tai, in
order to erect a ferry-slip thereon, 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. 2425) showing
the area of foreshore intended to be occupied, and the
manner in which it is proposed to erect the slip: And
whereas the Governor in Council has approved of the pur-
pose for which the said foreshore is to be occupied: And
whereas it is expedient that a license should be granted and
issued to the Council under the said Act for the purpose
aforesaid, on the terms and conditions hereinafter ex-
pressed:

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
Council 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 Council to use and occupy that part of the foreshore
on which the slip is to be erected, as shown on the plan so
deposited as aforesaid, for the purpose of erecting and
maintaining the said slip thereon, such license to be held
and enjoyed by the Council upon and subject to the follow-
ing terms and conditions, that is to say:—

1. In these conditions the term “Minister” means the
   Minister having charge of the Marine Department, as de-
   fined by “The Shipping and Seamen’s Act, 1877,” and in-
   cludes 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 slip, as shown
   on plan marked M.D. 2425.

3. All persons shall, at all reasonable times, upon pay-
   ment of the proper dues, have free and full liberty to use
   the said slip, and all rights of ingress and egress thereon
   and therefrom.

4. 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 slip without payment.

5. The Council shall maintain the above-mentioned
   slip 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.

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

7. Nothing herein contained shall authorise the Council
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regula-
   tion of the Commissioner of Trade and Customs, or with
   any provisions of “The Harbours Act, 1878,” or its amend-
   ments, or any regulations made thereunder, and that are
   now or may hereafter be in force.

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

9. 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 Council 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 address of the
   Council.

10. The Council shall appoint all officers necessary for
    the control and management of the slip.

11. The Council shall be liable for any injury which the
    said slip may cause any vessel or boat to sustain through
    any default or neglect on its part.

12. In case the Council shall—
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them; or
    (2.) Cease to use or occupy the said slip for a period
    of thirty days,

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 Council or other proceeding whatsoever; and publi-
cation in the New Zealand Gazette of an Order in Council
containing such revocation shall be sufficient notice to the
Council, 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 de-
termined.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing the Northern Steamship Company (Limited) to use
and occupy a Part of the Foreshore of the Hohoura Harbour
as a Wharf-site, and fixing Wharfage Dues.

RANFURLY, Governor.
By his Deputy,
ROBERT STOUT.

ORDER IN COUNCIL.
At the Government House, at Wellington, this twenty
seventh 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 Northern Steamship 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 land below low-water
mark adjacent thereto, of Hohoura Harbour in order to
erect 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. 2417 (two sheets),
showing the area of foreshore and land below low-water
mark intended to be occupied, and the manner in which
it is proposed to erect the wharf: 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 condi-
tions hereinafter expressed, and that dues should be pre-
scribed for the use of the said wharf:

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 afore-
said; 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, and land below
low-water mark adjacent thereto, on which the wharf is to
be erected, as shown on the plans so deposited as aforesaid,
for the purpose of erecting and maintaining the said wharf
thereon, such license to be held and enjoyed by the company
upon and subject to the terms and conditions set forth
in the First Schedule hereto; and, further, with the like
advice and consent as aforesaid, and in pursuance and exer-
cise of the power conferred by “The Harbours Act, 1878,”
doth hereby prescribe that the dues and rates set forth in
the Second Schedule hereto shall be charged and taken by
the company for the use of the said wharf.

FIRST SCHEDULE.

1. In these conditions the term “Minister” means the
   Minister having charge of the Marine Department, as de-
   fined 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 erection of the wharf, as shown on plans
   marked M.D. 2417.

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 £3, and thereafter an annual sum of £1, payable on
   the 1st day of May, dating from the 1st day of May, 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 pay-
   ment of the proper dues, have free and full liberty to use
   the said wharf, and all rights of ingress and egress thereon
   and therefrom.