APRIL 21.] THE NEW ZEALAND GAZETTE. 1111

ninety-nine, and published in the New Zealand Gazette, No. 68, of the tenth day of the same month, pages 1480 and 1481, the Mangawai Wharf was vested in the Mangawai Road Board, subject to the conditions set forth in the First Schedule thereto; and the dues and rates set forth in the Second Schedule thereto were prescribed to be taken by the said Board for the use of the said wharf:

And whereas it is desirable that the dues and rates so prescribed as aforesaid should be revoked and fresh dues fixed in lieu thereof:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority conferred by “The Harbours Act, 1878,” and by and with the advice and consent of the Executive Council of the said colony, doth hereby revoke the dues and rates fixed by the said Order in Council of the eighth day of August, one thousand eight hundred and ninety-nine, and doth prescribe that the dues and rates set forth in the Schedule hereto shall be taken by the Mangawai Road Board for the use of the Mangawai Wharf.

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SCHEDULE.

WHARFAGE OF VESSELS.

THE owner, master, consignee, or agent of every vessel trading regularly to the port and using the wharf for the shipment or discharge of cargo shall pay the sum of £15 quarterly in advance.

The owner, master, consignee, or agent of every vessel not trading regularly to the port using the wharf for the shipment or discharge of cargo shall pay the sum of 12s. for each time the vessel so uses the wharf.

J. F. ANDREWS,
Acting Clerk of the Executive Council.

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Licensing the North Kaipara Co-operative Dairy Company (Limited) to use and occupy a Part of the Foreshore of Kaipara Harbour.

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RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifteenth day of April, 1904.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, the North Kaipara Co-operative Dairy Company (Limited), of Whakapirau (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 Whakapirau, on the Te Pahi River, in Kaipara Harbour, in order to erect and maintain thereon a dairy factory; 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. 2719 and 2721, showing the manner in which it is proposed to construct such factory, the place where it is intended to erect the same, and the area of foreshore and land below low-water mark intended to be 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: 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 constructing or erecting thereon a dairy factory; 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 erection of such dairy factory, which are shown on the plans marked M.D. 2719 and 2721, 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 ten shillings, payable on the first day of April, dating from the first day of April, one thousand nine hundred and four.

3. 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 dairy factory without payment.

4. The company shall maintain the above-mentioned dairy factory 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.

5. Any person authorised by the Minister may at all reasonable times enter upon the said dairy factory and view the state of repairs thereof; and upon such Minister leaving at or posting to the last known registered office of the company a notice in writing of any defect or want of repair in such dairy factory, 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.

6. 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.

7. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years from the first day of April, one thousand nine hundred and four, 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.

8. 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 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 registered office of the company.

9. The company shall be liable for any injury which the said dairy factory may cause any vessel or boat to sustain through any default or neglect on its part.

10. In case the company shall —
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
    (2.) Cease to use or occupy the said dairy factory for a period of thirty days;
    (3.) Be in any manner wound up or dissolved; or
    (4.) Fail to pay the sums specified in clause two of these conditions,

then and in any of the said cases this Order in Council, and every license, right, power, or privilege, may be revoked and determined by the Governor in Council, without any notice to the company 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 company, 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.

11. 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.

12. The construction of the dairy factory shall be sufficient evidence of the acceptance by the company of the terms and conditions of this Order in Council.

J. F. ANDREWS,
Acting Clerk of the Executive Council.

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Validates Election of Chairman of Waikokopu Harbour Board.

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RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifteenth day of April, 1904.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS it is provided by the two-hundred-and-thirty-third section of “The Harbours Act, 1878”