2952
THE NEW ZEALAND GAZETTE.
[No. 112

10. 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 delivered at or posted to the last known address of the company.

11. 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 the part of the company.

12. In case the company—
    (1.) Commits or suffers a breach of the conditions hereinbefore set forth, or any of them ;
    (2.) Ceases to use or occupy the said wharf ; or
    (3.) Is wound up or dissolved,
    then and in any such case the Order in Council, and every license, right, power, or privilege thereby conferred, may be revoked and determined by the Governor in Council without any notice to the company or other proceedings whatsoever ; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice of the fact to the company and to all persons concerned or interested that the rights and privileges thereby conferred have been revoked and determined.

13. In these conditions the term “ Minister ” means the Minister of Marine, as defined by “ The Shipping and Seamen Act, 1903,” and includes any officer, person, or authority acting by or under the direction of such Minister.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing Messrs. Watkins Brothers to use and occupy Part of the Foreshore of the Waitetuna River, Raglan Harbour, as a Site for Booms.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this eleventh day of December, 1905.

Present:

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

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, John Watkins and Frederick Watkins, trading under the style or title of “ Watkins Brothers ” (hereinafter called “ the licensees ”), have 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 land below low-water mark of the Waitetuna River, Raglan Harbour, in the Provincial District of Auckland, in order to erect and maintain booms thereon; and, in accordance with the one-hundred-and-fifty-sixth section of “ The Harbours Act, 1878,” have deposited plans in the office of the Marine Department at Wellington, marked M.D. 2912, showing the place in the said river where it is intended to construct such booms, 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 under the said Act for the purpose aforesaid should be granted and issued to the licensees 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 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 which is particularly shown and delineated on the plans so deposited as aforesaid, for the purpose of constructing or erecting thereon booms; such license to be held and enjoyed by the licensees upon and subject to the following terms and conditions, that is to say,—

1. In these conditions the term “ Minister ” means the Minister of Marine as defined by “ The Shipping and Seamen Act, 1903,” 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 on the Waitetuna River, Raglan Harbour, shown on the said plans marked M.D. 2912.

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 two pounds ten shillings, and thereafter an annual sum of three pounds in advance, such annual payments to date from the first day of December, one thousand nine hundred and five, and the first of such annual payments to be made to the Minister on a copy of this Order in Council being supplied to the licensees.

4. The rights, powers, and privileges conferred by this Order in Council shall continue in force for ten years, computed from the date of this Order in Council, 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.

5. The said rights, powers, and privileges may be at any time resumed by the Governor, and the licensees may be required to remove the booms at their own cost, without payment of any compensation whatever, on giving to the licensees three 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.

6. In constructing the said booms the licensees shall have a clear passage at the point marked “ G ” on the said plans for the purposes of navigation, of a width of not less than forty feet from side to side, such passage to be kept open for the passage of vessels at all times, except when the said Waitetuna River is in flood, when such opening may be temporarily closed by means of a swing boom, but such boom shall immediately on the subsidence of the flood be swung back so as to leave the space of forty feet before mentioned clear of all obstacles.

7. The licensees shall maintain the above-mentioned booms 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.

8. Any person authorised by the Minister may at all reasonable times enter upon the said booms 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 a notice in writing of any defect or want of repair in such booms, 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.

9. The licensees shall be liable for any injury which may be sustained by any vessel or boat in passing the booms, or by contact with them, and which may be occasioned by any default or neglect on their part.

10. 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 booms for a period of thirty days ;
    (3.) Fail to pay the sums specified in clause three of these conditions ; or
    (4.) Become bankrupt, or be in any manner brought under the operation of any law in force for the time being relating to bankruptcy,
    then and in any 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 rights and privileges thereby conferred, have been revoked and determined ; and upon such revocation the Minister may cause the said booms to be removed, and may recover the cost incurred by any such removal from the licensees.

11. The construction of the booms shall be deemed to be an acceptance by the licensees of the conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.