2422
THE NEW ZEALAND GAZETTE.
[No. 89

9. 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 previous written consent of the Minister first obtained.

10. 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 address of the Board.

11. The Board shall appoint all officers necessary for the control and management of the wharf.

12. The Board 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 Board 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 wharf 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 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or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.

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

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing the Awitu Road Board to use and occupy Parts of the Foreshore of Manukau Harbour as Wharf-sites.

RANFURLY, Governor.
By his Deputy,
ROBERT STOUT.

ORDER IN COUNCIL.

At the Government House, at Wellington, this first day of November, 1902.

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 Awitu Road Board (hereinafter called “the Board”) has applied to the Governor in Council for a license under the said Act to occupy parts of the foreshore in Manukau Harbour in order to erect wharves at Graham’s Beach and at Orua Bay; 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. 2547 and 2548), showing the area of foreshore, and the manner in which it is proposed to erect the said wharves: And whereas the Governor in Council has approved of the purpose for which the said foreshore is to be occupied: And whereas it is expedient that a license should be granted and issued to the Board 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 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 those parts of the foreshore on which the said wharves are to be erected, as shown on the plans so deposited as aforesaid, for the purpose of erecting and maintaining the said wharves thereon, such license to 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 parts of the foreshore necessary for the erection of the said wharves, as shown on plans marked M.D. 2547 and 2548 respectively.

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

5. The Board shall maintain the abovementioned wharves 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 wharves and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the Board a notice in writing of any defect or want of repair in such wharves, or either of them, requiring the Board, within a reasonable time, to be therein prescribed, to repair the same, the Board shall with all convenient speed cause such defect to be removed or such repairs to be made.

7. Nothing herein contained shall authorise the Board 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 ballast of all vessels loading at the said wharves shall be taken away by the Board and deposited above high-water mark, or at such place as may be approved of by the Minister, by the Harbourmaster at Manukau, or by any person appointed by the Minister for that purpose.

9. 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 previous written consent of the Minister first obtained.

10. 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 address of the Board.

11. The Board shall appoint all officers necessary for the control and management of the said wharves.

12. The Board shall be liable for any injury which the said wharves, or either of them, may cause any vessel or boat to sustain through any default or neglect on its part.

13. In case the Board 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 wharves, or either of them, 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 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.

14. The construction of the said wharves, or either of them, shall be sufficient evidence of the acceptance by the Board of the terms and conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Authorising Construction of Harbour-works, Greymouth Harbour.

RANFURLY, Governor.
By his Deputy,
ROBERT STOUT.

ORDER IN COUNCIL.

At the Government House, at Wellington, this first day of November, 1902.

Present:

His Excellency the Governor in Council.

WHEREAS it is provided by the fourth section of “The Harbours Act Amendment Act, 1883” (hereinafter termed “the said Act”), that whenever any