8
THE NEW ZEALAND GAZETTE.
[No. 1

Consenting to closing Portion of Road through Paraekaretu Block, Block IX., Ongo Survey District, Rangitikei County.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-third day of December, 1902.

.Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section twelve, subsection one, of “The Public Works Acts Amendment Act, 1900,” it is enacted that a local authority shall not declare any county or district road to be stopped, and such road shall not be deemed to be stopped, until the consent thereto of the Governor by Order in Council gazetted is obtained:

And whereas the Rangitikei County Council has applied for such consent in respect to the portion of the road described in the Schedule hereto:

Now, therefore, in pursuance and in exercise of the above-in-part-recited Act, and of all other powers in anywise enabling him in this 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 consent to the closing of the part of the road mentioned in the Schedule hereto.

SCHEDULE.

In the Wellington Land District; as the same is more particularly delineated on the plan marked and coloured as above noted, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing the Opotiki Town Board to use and occupy a Part of the Foreshore of the Opotiki Harbour as a Site for a Wharf and Store.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-third day of December, 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 Opotiki Town Board (hereinafter called “the Board”) has applied to the Governor in Council for a license under the said Act to occupy a part of the foreshore, and of the land below low-water mark adjacent thereto, in Opotiki Harbour, in order to erect a wharf and store 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. 2362) 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 store: 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 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 that part of the foreshore and of the land below low-water mark on which the wharf, with store thereon, is to be erected, as shown on the plan so deposited as aforesaid, for the purpose of erecting and maintaining the said wharf and store 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 part of the foreshore and of the land below low-water mark necessary for the erection of the wharf and store, as shown on plan marked M.D. 2362.

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

5. The Board shall maintain the abovementioned wharf and store 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 wharf and store 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 wharf or store, 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 wharf 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, 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 wharf and store.

12. The Board shall be liable for any injury which the said wharf or store 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 and store 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 and store 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.