1254
THE NEW ZEALAND GAZETTE.
[No. 44

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 necessary for the construction of the boat-shed in Whangaroa Harbour, as shown on plan marked M.D. 2526.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensee shall, on being supplied with a copy thereof, pay to the Minister the sum of one pound ten shillings, and thereafter an annual sum of five shillings, payable on the first day of May, dating from the first day of May, one thousand nine hundred and two, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

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 shed without payment.

5. The licensee shall maintain the abovementioned shed in good order and repair; and shall at all times exhibit therefrom and maintain at his 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 boat-shed and view the state of repair thereof; and, upon such Minister leaving at or posting to the last known address of the licensee in New Zealand a notice in writing of any defect or want of repair in such shed, requiring him, within a reasonable time, to be therein prescribed, to repair the same, he shall with all convenient speed cause such defect to be removed or such repairs to be made.

7. Nothing herein contained shall authorise the licensee 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.

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 licensee 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 licensee 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 licensee in New Zealand.

10. The licensee shall be liable for any injury which the said boat-shed may cause any vessel or boat to sustain through any default or neglect on his part.

11. In case the licensee shall—

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

(2.) Cease to use or occupy the said shed for a period of thirty days; or

(3.) Become bankrupt, or be in any manner brought under the operation of any Act for the time being in force relating to bankruptcy; or

(4.) 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 licensee 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 licensee, 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.

12. The construction of the shed shall be sufficient evidence of the acceptance by the licensee of the terms and conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Vesting Management of Tangowahine Wharf, Kaipara Harbour, in the Hobson County Council.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-ninth day of May, 1902.

Present:

THE HONOURABLE SIR J. G. WARD PRESIDING IN COUNCIL.

IN pursuance and exercise of the power and authority vested in him by “The Harbours Act, 1878” (hereinafter termed “the said Act”), and of all other powers and authorities in anywise enabling him in that behalf, His Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, doth hereby vest the management of the Tangowahine Wharf, which is situated on the Wairoa River, in Kaipara Harbour, and shown on plan marked M.D. 2524, and deposited in the office of the Marine Department at Wellington, in the Hobson County Council, subject to the conditions set forth in the Schedule hereto.

SCHEDULE.

CONDITIONS OF MANAGEMENT.

1. That all His Majesty’s subjects shall, at all reasonable times, and upon payment of the proper dues, have free and full liberty to use the above-mentioned wharf, and rights of ingress and ingress thereto and therefrom.

2. That 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, or egress into, over, and out of the wharf without payment.

3. That the Hobson County Council (hereinafter termed “the said Council”) shall maintain and keep the abovementioned wharf, and all erections thereon, in good order and repair; and shall at all times exhibit on the wharf suitable and necessary lights for the guidance of vessels, and shall maintain at its own cost such lights: Provided that no light shall be exhibited until after it has been approved of by the Minister for the time being having charge of the Marine Department (hereinafter referred to as “the said Minister”).

4. That any person authorised by the said Minister, or any officer acting with his approval, may at all reasonable times enter upon the said wharf, and any buildings erected thereon, and view the state of repair thereof; and that, upon his leaving at or posting to the last known address of the said Council a notice in writing of any defect or want of repair in such wharf or buildings, requiring the Council within a reasonable time, to be therein prescribed, to repair the same, the said Council shall with all convenient speed cause such defect to be removed or such repairs to be made.

5. That the said Council shall not erect, or suffer to be erected, on the said wharf any building or structure whatever except with the consent of the said Minister.

6. That the said Council shall keep a separate account of the receipts and expenditure on account of such wharf, and shall cause such account to be balanced to the 31st day of March in every year, and shall send a copy of such account when balanced to the said Minister, and shall supply any particulars in reference thereto that may be required by the said Minister, or any person acting with his approval.

7. That the said Council shall appoint all officers necessary for the working and management of the said wharf.

8. That nothing herein contained shall authorise the said Council 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 regulation thereunder.

9. That the ballast of all vessels loading at the said wharf shall be taken away by the said Council, and deposited above high-water mark, or at such other place as may be approved of by the said Minister, or by any person appointed by the said Minister for that purpose.

10. That the rights, powers, and privileges hereby conferred shall continue in force for fourteen years, computed from the date of the foregoing Order in Council, unless in the meantime altered, modified, or revoked by competent authority; and the said Council shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the said Minister first obtained.

11. That the rights, powers, and privileges conferred under or by virtue of the foregoing Order in Council, or any of them, may be at any time resumed by the Governor, without payment of any compensation whatever, on giving to