1398
THE NEW ZEALAND GAZETTE.
[No. 48

Trustee for Wharf at Kawhia.

RANFURLY, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this fifth day of June, 1903.

Present:

THE HONOURABLE W. C. WALKER PRESIDING IN COUNCIL.

WHEREAS by Order in Council dated the thirtieth day of June, one thousand nine hundred and two, and published in the New Zealand Gazette No. 54, of the third day of July following, the management of a wharf at Kawhia was vested in Thomas Goodfellow, D’Arcy Hamilton, and George H. Buckeridge, as trustees for the inhabitants of the district:

And whereas the said Thomas Goodfellow has resigned his trusteeship, and William Wilson McCardle, of Pirongia, is willing to act as trustee in his stead:

And whereas it is desirable to revoke the said Order in Council as to the said Thomas Goodfellow, and to substitute as trustee in his place the said William Wilson McCardle:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority conferred upon him by “The Harbours Act Amendment Act, 1883,” and of all other powers and authorities enabling him in that behalf, and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby revoke the said Order in Council in so far as the same relates to the said Thomas Goodfellow, and in his stead doth hereby appoint the said William Wilson McCardle to be a trustee under the said Order in Council jointly with the said D’Arcy Hamilton and George H. Buckeridge.

ALEX. WILLIS,
Clerk of the Executive Council.

Regulations as to Length and Use of Set-nets.

RANFURLY, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this fifth day of June, 1903.

Present:

THE HONOURABLE W. C. WALKER PRESIDING IN COUNCIL.

WHEREAS by “The Sea-fisheries Act, 1894” (hereinafter termed “the said Act”), it is amongst other things enacted that the Governor in Council may from time to time make regulations, which shall have general force and effect throughout the colony, or particular force and effect only in any waters or places specified therein, amongst other things, for generally regulating the sea-fishing of the colony:

And whereas it is desirable to make the regulations hereinafter set forth with respect to the size and use of set-nets for the taking of indigenous fish inhabiting the waters of the colony herein mentioned:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power conferred upon him by the said Act, and by and with the advice and consent of the Executive Council of the said colony, doth hereby make the following regulations:—

REGULATIONS.

1. The length of any set-net for the taking of indigenous fish shall measure not more than 70 fathoms, and a clear space of not less than 20 fathoms shall be left between any two nets.

2. No net shall be set or placed in front of or behind such clear space for a distance of at least 20 fathoms from a line drawn from the end of each net.

3. Any person committing a breach of the above regulations shall be liable to a penalty of not less than £1 and not exceeding £20.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing the New Brighton Pier and Recreation Company (Limited) to use and occupy a Part of the Foreshore at New Brighton.

RANFURLY, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this fifth day of June, 1903.

Present:

THE HONOURABLE W. C. WALKER PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, the New Brighton Pier and Recreation Company (Limited), of Christchurch (hereinafter called “the company”), has applied to the Governor in Council for a license, under “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), to occupy a part of the foreshore and the land below low-water mark immediately contiguous to such foreshore at New Brighton, in the Provincial District of Canterbury, in order to erect and maintain thereon a wharf; 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. 1636, 1637, and 1638), showing the manner in which such wharf is constructed, the place where it is erected, and the area of foreshore or land below low-water mark occupied for such purpose: And whereas it has been made to appear to the Governor in Council that the proposed work will not be or tend to the injury of navigation; and the said plans have, prior to the making of this Order in Council, been approved by the Governor in Council, without modification or addition: 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 purpose or 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 foreshore and of the land below low-water mark immediately contiguous thereto which is particularly shown and delineated on the plans so deposited as aforesaid, for the purpose of a site for such wharf, such license to be held and enjoyed by the company upon and subject to the following terms and conditions, that is to say,—

1. The concessions and privileges conferred by this Order in Council shall extend and apply only to the parts of the foreshore and of the land below low-water mark necessary for the site of such wharf, as shown on the plan marked M.D. 1636, 1637, and 1638, and deposited in the office of the Marine Department as aforesaid.

2. 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 two pounds, and thereafter an annual sum of five pounds, payable on the first day of October, dating from the first day of October, one thousand nine hundred and three.

3. All His Majesty’s subjects shall at all reasonable times, upon payment of the proper dues, have free and full liberty to use the wharf, and all rights of ingress and egress thereon and therefrom.

4. 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, and egress into, through, and out of the wharf without payment.

5. The company shall maintain the abovementioned wharf 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 view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the company a notice in writing of any defect or want of repair in such wharf, requiring the company 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.

7. 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.

8. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for seven years from the first day of October, one thousand nine hundred and three, 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 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 com-