2432
THE NEW ZEALAND GAZETTE.
[No. 84

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in exercise of the powers conferred by the said Act, and acting by and with the advice of the Executive Council of the said Colony of New Zealand, doth hereby appoint

JOHN CARROLL,
EUGENE JOSEPH DRAFFIN,
JOHN LA PRELLE,
CHARLES EDWARD TYNNIER SIMPSON, and
JOSEPH EMPEN

to be the Kuaotunu Domain Board having the control of the land described in the said Schedule hereto for the purposes of and subject to the provisions of the said Act, and doth hereby appoint Saturday, the fifth day of November, one thousand nine hundred and four, at seven o’clock p.m., as the time when, and Ritchie’s Hall, Kuaotunu, as the place where, the first meeting of the Board shall be held.

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SCHEDULE.

ALL that area in the Auckland Land District, containing by admeasurement 11 acres 3 roods 30 perches, more or less, being Section No. 6, Block II., Otama Survey District. Bounded towards the north by Section No. 10, Block II., Otama Survey District; towards the east by the public road from Kuaotunu to Mercury Bay; towards the south by Section No. 28 and Mining Districts Land Occupation Lease, Section No. 3, to a point bearing S. 67° 45′ W., a distance of 156 links from the northernmost corner of said Section No. 3; and thence towards the west by a line bearing N. 13° 6′ E., a distance of 295·5 links; thence by a line bearing N. 25° 43′ E., a distance of 307·6 links; thence by a line bearing N. 47° 54′ W., a distance of 213·6 links; thence by a line bearing N. 29° 42′ E., a distance of 228·8 links; and thence by a line bearing N. 38° 3′ E., a distance of 309·4 links to Section No. 10 aforesaid: be all the aforesaid linkages more or less: as the same is delineated on the plan marked S.G. 51886, deposited in the Head Office, Department of Lands and Survey, at Wellington, in the Wellington Land District, and thereon bordered red.

ALEX. WILLIS,
Clerk of the Executive Council.

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Licensing the Kauri Timber Company (Limited) to use and occupy a Part of the Foreshore of Hokianga Harbour as a Wharf-site.

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PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventeenth day of October, 1904.

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 Kauri Timber Company (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 adjacent thereto at Omapere, in Hokianga Harbour, in order to erect a wharf 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. 2745, 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 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 company under the said Act, for the purpose aforesaid, on the terms and conditions hereinafter expressed, and to prescribe dues and rates for the use of the said wharf:

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 adjacent thereto, on which the wharf is to be erected, as shown on the plan so deposited as aforesaid, for the purpose of erecting and maintaining the said wharf thereon, such license to be held and enjoyed by the company upon and subject to the terms and conditions set forth in the First Schedule hereto; and doth hereby prescribe that the dues and rates specified in the Second Schedule hereto shall be charged and taken for the use of the said wharf, and doth order that such dues shall be paid to the company.

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FIRST SCHEDULE.

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 adjacent thereto, necessary for the erection of the wharf, as shown on plan marked M.D. 2745.

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 three 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 four, the first of such annual payments to be made on the company being supplied with a copy of this Order in Council.

4. 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 therefrom.

5. 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 without payment.

6. The company shall maintain the above-mentioned 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.

7. 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 in New Zealand a notice in writing of any defect or want of repair in such wharf, 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.

8. 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.

9. The ballast of all vessels loading at the said wharf 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 the Harbourmaster at Hokianga, 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 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 company 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 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 address of the company in New Zealand.

12. The company 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 company shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
    (2.) Fail to erect and complete the wharf within twelve months from the date of this Order in Council;
    (3.) Cease to use or occupy the said wharf for a period of thirty days;
    (4.) Be in any manner wound up or dissolved; or
    (5.) 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