1246
THE NEW ZEALAND GAZETTE.
[No. 52

6. The licensees shall maintain the above-mentioned wharf
   and tramway 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 ap-
   proved of by the Minister.

7. Any person authorised by the Minister may at all
   reasonable times enter upon the said wharf and tramway
   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 and
   tramway, 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 incon-
   sistent with any law relating to the Customs, or any regulation
   of the Commissioner of Trade and Customs, or with any pro-
   visions 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 com-
    pensation 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 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 herein-
    before set forth, or any of them ;
    (2.) Cease to use or occupy the said wharf and tramway
    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 pri-
    vileges thereby granted and conferred, have been revoked
    and determined.

14. The erection of the wharf and tramway shall be suffi-
    cient evidence of the acceptance by the licensees of the terms
    and conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing the Maraetai Bricks (Limited) to use and occupy
a Part of the Foreshore at Maraetai as a Wharf-site.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-
second day of May, 1905.

Present:

THE RIGHT HONOURABLE R. J. SEDDON PRESIDING 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 Maraetai Bricks (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 Maraetai, 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
plans in the office of the Marine Department at Wellington,
marked M.D. 2845 (two sheets), showing the area of fore-
shore and land below low-water mark intended to be occu-
pied, 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 pre-
scribe 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 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 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.

FIRST SCHEDULE.

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 adjacent thereto,
   necessary for the erection of the wharf, as shown on plan
   marked M.D. 2845 (sheet 1).

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 two pounds ten shillings, and thereafter an annual
   sum of two pounds, payable on the first day of May,
   dating from the first day of May, one thousand nine hundred
   and five, 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 incon-
   sistent with any law relating to the Customs, or any regula-
   tion of the Commissioner of Trade and Customs, or with
   any provisions of “The Harbours Act, 1878,” or its amend-
   ments, 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