June 1.] THE NEW ZEALAND GAZETTE. 1247

the Minister, 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 determined by the Governor in Council without any notice to the company 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 company, 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or interested, that this Order in Council, and the license, rights, and privileges thereby granted and conferred, have been revoked and determined.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 company of the terms and conditions of this Order in Council.

SECOND SCHEDULE.

WHARFAGE.

On every ordinary passenger- or cargo-steamship over 5 tons register using the wharf, per quarter or part of a quarter .. .. .. .. £ s. d. 1 1 0
On every steamer, 5 tons or under, per day or part of a day .. .. .. .. 0 1 0
On every sailing-vessel over 5 tons, per day or part of a day .. .. .. .. 0 2 0
On every sailing-vessel, 5 tons or under, per day or part of a day .. .. .. .. 0 1 0
On every excursion-steamer, per day or part of a day .. .. .. .. 0 2 6

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing the Havelock Town Board to use and occupy Part of the Foreshore of Havelock Harbour as a Site for a Wharf.

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 by Order in Council dated the seventeenth day of July, one thousand eight hundred and eighty-nine, the management of the Havelock Wharf, shown on plan marked M.D. 763, deposited in the office of the Marine Department at Wellington, was vested in the Havelock Town Board (hereinafter called “the Board”) for a term of fourteen years from the date of the said Order in Council:

And whereas it has become necessary to re-erect the said wharf:

And whereas, there being no Harbour Board empowered to grant the license hereinafter mentioned under “The Harbours Act Amendment Act, 1883,” the Board 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 in Havelock Harbour in order to re-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. 2820) 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 Board under the said Act for the purpose aforesaid, on the terms and conditions hereinafter expressed, and to prescribe the dues and rates to be charged and taken, and to make regulations 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 Harbours Act, 1878,” 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 Board 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 Board 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 Council 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 His Excellency the Governor of the said colony, with the like advice and consent, and in pursuance and exercise of the power and authority granted to him by the said Act, and of all other powers and authorities enabling him in this behalf, doth hereby make the regulations contained in the Third Schedule hereto, and doth order that the same shall apply to the Port or Harbour of Havelock and to the wharf aforesaid.

FIRST SCHEDULE.

CONDITIONS.

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. 763.

3. All His Majesty’s subjects shall at all reasonable times, and upon payment of the proper dues, have free and full liberty to use the above-mentioned wharf, and rights of ingress and egress thereto 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, over, and out of the wharf without payment.

5. The Board shall maintain and keep the above-mentioned wharf, and all erections on the wharf, in good order and repair; and shall at all times permit to be erected and exhibited therefrom any lights for the guidance of vessels, and shall maintain at its own cost any such lights: Provided that no new light shall be exhibited until after it has been approved of by the Minister.

6. All dues and rates received on account of the said wharf by the Board shall be applied to keeping the said wharf and all erections on the wharf in good order and repair.

7. Any person authorised by the Minister, or any officer acting with his approval, may at all reasonable times enter upon the said wharf, and any buildings erected on the wharf, and view the state of repair thereof; and, upon his leaving at or posting to the last known address of the Board a notice in writing of any defect or want of repair in such wharf or buildings, requiring the Board within a reasonable time, to be therein prescribed, to repair the same, the Board shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. The Board shall not erect, or suffer to be erected, on the wharf any building or structure whatever, except with the consent of the Minister.

9. The Board shall keep a separate account of the receipts and expenditure on account of such wharf, and shall cause