968
THE NEW ZEALAND GAZETTE.
[No. 37

(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 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or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.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 and shed, or either of them, 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.

Licensing J. O. Masefield to use and occupy a Part of the Foreshore at Batley, Kaipara, as a Site for a Wharf, and prescribing Dues and Rates for the Use of such Wharf.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this tenth day of April, 1905.

Present:

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

WHEREAS by “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), it is among other things, enacted that, where the foreshore has been legally vested in any Harbour Board or other local governing body, it may from time to time, subject to the provisions of the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” license and permit any part of the foreshore to be used or occupied, inter alia, for the erection and use of any landing-place or wharf: And whereas by the said Act it is also provided that every licensee shall, subject to the provisions of the said Act, have power to make and construct any necessary reclamation for the purpose of erecting on the foreshore comprised in his license, or upon any land below low-water mark immediately contiguous to such foreshore which shall be specified in such license, any building, structure, erection, or other works to enable him to obtain the full benefit of such license: And whereas by the said Act it is further provided that every such license shall be in writing under the seal of the Board or body granting the same, and may be for any period not exceeding fourteen years from the date thereof, and may prescribe a sum of money, to be payable either at stated periods or on or before the granting thereof, for the use of the foreshore so granted, and may prescribe any other terms or conditions, general or particular, to be observed or performed by the person to whom the same is granted: And whereas by the said Act it is also enacted that in any case where there is no Harbour Board, or no Harbour Board empowered to grant any such license as aforesaid, the Governor in Council may, in his discretion, grant and issue a license for all or any of the purposes hereinbefore mentioned, and all the provisions of the said Act in respect of such licenses shall, mutatis mutandis, apply accordingly: And whereas, there being no Harbour Board empowered to grant the license hereinafter mentioned, William Henry Colbeck, of Pahi, in the year one thousand eight hundred and eighty-one, applied to the Governor in Council for a license under the said Act to occupy a part of the foreshore and the land below low-water mark immediately contiguous to such foreshore at Batley, at the junction of the Otamatea and Arapaoa Rivers, Kaipara Harbour, in the Provincial District of Auckland, in order to erect and maintain thereon a wharf, and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” deposited plans in the office of the Marine Department at Wellington (marked M.D. 502 and 568) showing the manner in which it was proposed to construct such wharf, the place where it was intended to erect the same, and the area of foreshore or land below low-water mark intended to be occupied for such purpose: And whereas it was made to appear to the Governor in Council that the proposed work would not be or tend to the injury of navigation, and the said plans were approved by the Governor in Council without modification or addition: And whereas, pursuant to such application, a license was by Order in Council dated the fourth day of October, one thousand eight hundred and eighty-one, and published in the New Zealand Gazette of the thirteenth day of the same month, granted and issued to the said William Henry Colbeck under the said Act, for the purpose aforesaid, for the term of fourteen years, computed from the date of the said Order in Council, on the terms and conditions therein expressed:

And whereas the said William Henry Colbeck duly constructed the said wharf, and the same is now under the control and management of James Otamatea Masefield, of Batley (hereinafter called “the licensee”):

And whereas the licensee has made application for a fresh license under the said Act for a term of seven years, and it is expedient to grant the same for the term and subject to the 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 licensee 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 licensee 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 using the aforesaid wharf, such license to be held and enjoyed by the licensee upon and subject to the terms and conditions set forth in the First Schedule hereto; and doth hereby prescribe the dues and rates set forth in the Second Schedule hereto to be taken by the licensee for the use of the said wharf.

FIRST SCHEDULE.

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 wharf, as shown on the plan marked M.D. 568, 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 licensee 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 one pound, payable on the first day of March, dating from the first day of March, one thousand nine hundred and five, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

3. All His Majesty’s subjects shall at all reasonable times, upon payment of the proper dues, have free and full liberty to use the wharf, and all rights of ingress and egress thereon and therefrom.

4. 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 wharf without payment.

5. The licensee shall maintain the above-mentioned wharf in good order and repair, and shall at all times exhibit therefrom, and maintain at his 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.

6. 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 licensee a notice in writing of any defect or want of repair in such wharf, 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.

7. Nothing herein contained shall authorise the licensee 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.

8. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for the term of seven years, computed from the 1st day of March, 1905, unless such rights, powers, and privileges are sooner 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.

9. 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 one calendar month’s 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 licensee.