2850
THE NEW ZEALAND GAZETTE.
[No. 96

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 licensees 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 licensees to use and occupy that part of the foreshore and land below low-water mark on which 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 thereon, such license to be held and enjoyed by the licensees upon and subject to the terms and conditions set forth in the Schedule hereto.

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 necessary for the erection of the wharf, as shown on plan marked M.D. 2758 (sheet 1).

3. In consideration of the concessions and privileges granted by this Order in Council, the licensees shall, on being supplied with a copy thereof, pay to the Minister the sum of £3, and thereafter an annual sum of £1, payable on the 1st day of November, dating from the 1st day of November, 1904, the first of such annual payments to be made on the licensees 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 licensees shall maintain the above-mentioned wharf in good order and repair, and shall at all times exhibit therefrom and maintain at their 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 licensees or either of them in New Zealand a notice in writing of any defect or want of repair in such wharf, requiring them, within a reasonable time to be therein prescribed, to repair the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorise the licensees 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 licensees, and deposited above high-water mark, or at such place as may be approved of by the Minister, by the Harbourmaster at Waikawa, 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 licensees 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 licensees 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 licensees, or either of them, in New Zealand.

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

13. In case the licensees 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 wharf 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 3 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 licensees 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 licensees, 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 erection of the wharf shall be sufficient evidence of the acceptance by the licensees of the terms and conditions of this Order in Council.

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

Declaring Part of Road in Makotuku Survey District, Waimarino County, to be a Government Road.

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this twenty-third day of November, 1904.

Present:
THE RIGHT HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

IN pursuance and in exercise of the powers vested in him by “The Public Works Act, 1894,” and of all other powers in anywise enabling him in this behalf, His Excellency the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, doth hereby order and declare that the road described in the Schedule hereto shall, on and after the date of this Order in Council, be a Government road.

SCHEDULE.

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

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

Declaring Road in Section 84, Block II., Teviot Survey District, Tuapeka County, a Government Road.

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this twenty-third day of November, 1904.

Present:
THE RIGHT HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

IN pursuance and in exercise of the powers vested in him by “The Public Works Act, 1894,” and of all other powers in anywise enabling him in this behalf, His Excellency the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, doth hereby order and declare that the road described in the Schedule hereto shall, on and after the date of this Order in Council, be a Government road.

SCHEDULE.

In the Otago Land District; as the same is more particularly delineated on a plan marked and coloured as