2992
THE NEW ZEALAND GAZETTE.
[No. 101

wharf or 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.

8. Nothing herein contained shall authorise the licensee
   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.

9. The ballast of all vessels loading at the said wharf
   shall be taken away by the licensee 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.

10. The rights, powers, and privileges conferred by or
    under this Order in Council shall continue 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.

11. 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 de-
    livered at or posted to the last known address of the
    licensee in New Zealand.

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

13. In case the licensee shall—
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them;
    (2.) Cease to use or occupy the said wharf and shed for
    a period of thirty days;
    (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 three 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 publ-
    cation 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 de-
    termined.

14. The erection of the wharf and shed, or either of
    them, 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.

Licensing the Riverhead Paper-mills Company (Limited) to
use and occupy a Part of the Foreshore at Riverhead.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twelfth
day of December, 1904.

Present:

THE RIGHT HONOURABLE R. J. SEDDON PRESIDING 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 Riverhead Paper-mills Com-
pany (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 at Riverhead, in the Provincial District of Auck-
land, in order to erect an extension of 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.
2266 and 2787) showing the site and area of foreshore and
land below low-water mark intended to be occupied, and the
manner in which it is proposed to extend the wharf: 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 company under the said Act, for the purpose afore-
said, 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 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
land below low-water mark on which the extension of 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-extension thereon, such license to be held and en-
joyed by the company upon and subject to the following
terms and conditions:—

CONDITIONS.

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 land below low-water mark necessary for the
   erecting of the wharf-extension, as shown on plan marked
   M.D. 2266, which was approved by the Governor in Council
   on the 20th day of May, 1899.

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 £2 10s., and thereafter an annual sum of 10s., pay-
   able on the 1st day of May, dating from the 1st day of May,

5. All persons shall, at all reasonable times, upon payment
   of the proper dues, have free and full liberty to use the said
   wharf, and all rights of ingress and egress thereon and there-
   from.

6. 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-extension without pay-
   ment.

7. The company shall maintain the above-mentioned wharf-
   extension in good order and repair, and shall at all times ex-
   hibit 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.

8. Any person authorised by the Minister may at all reason-
   able times enter upon the said wharf-extension and view the
   state of repair thereof; and upon such Minister leaving at
   or posting to the last known address of the company in New
   Zealand a notice in writing of any defect or want of repair
   in such wharf-extension, requiring it, 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.

9. Nothing herein contained shall authorise the company
   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.

10. The ballast of all vessels loading at the said wharf-
    extension shall be taken away by the company 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.

11. The rights, powers, and privileges conferred by or
    under this Order in Council shall continue to be in force for
    fourteen years from the 20th day of May, 1899, unless in the
    meantime such rights, powers, and privileges shall be altered,
    modified, or revoked by competent authority; and the com-
    pany shall not assign, charge, or part with any such right,
    power, or privilege without the previous written consent of
    the Minister first obtained.

12. 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 company six
    calendar months’ previous notice in writing. Any such
    notice shall be sufficient if given by the Minister, and de-
    livered at or posted to the last known address of the company
    in New Zealand.

13. The company shall be liable for any injury which the
    said wharf-extension may cause any vessel or boat to sustain
    through any default or neglect on its part.