Jan. 11.] THE NEW ZEALAND GAZETTE. 15

and delineated on the said plans numbered 2915 (two sheets), so deposited as aforesaid, such license to be held and enjoyed by the licensee upon and subject to the following terms and conditions, that is to say,—

1. 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 Wairoa River, Kaipara Harbour, shown in red on the said plans marked M.D. 2459 and 2915.

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 £3 for the license, and thereafter an annual sum of £2 in respect of the additions to the wharf and construction of the log-slip, such annual sums being additional to the annual sum of £2 payable under the Order in Council of the 23rd day of September, 1901, such annual payments to date from the date hereof, 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 licensee.

3. 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.

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 said wharf and log-slip without payment.

5. The licensee shall maintain the above-mentioned wharf and log-slip 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 log-slip 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 and log-slip, 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 regulation made thereunder, and that are now or may hereafter be in force.

8. The ballast of all vessels loading at the said wharf shall be taken away by the licensee, and deposited above high-water mark, or at such place as may be approved of by the Minister, by the Harbourmaster at Kaipara, or by any person appointed by the Minister for that purpose.

9. The rights, powers, and privileges conferred by this Order in Council shall continue in force until the 23rd day of September, 1915, unless in the meantime such rights, powers, and privileges shall be 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 first obtained.

10. The said rights, powers, and privileges may be at any time resumed by the Governor, and the licensee may be required to remove the wharf and log-slip at his own cost, without payment of any compensation whatever, on giving to the licensee six 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 licensee in New Zealand.

11. The licensee shall be liable for any injury which may be sustained by any vessel or boat in passing the wharf and log-slip, or by contact with them, and which may be occasioned by any default or neglect on his part.

12. In case the licensee 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 and log-slip for a period of thirty days;

(3.) Fail to pay the sums specified in clause 3 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 licensee 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 licensee, and to all persons concerned or interested, that this Order in Council, and the rights and privileges thereby conferred, have been revoked and determined.

13. The construction of the alterations and additions to the wharf and construction of the log-slip shall be deemed to be an acceptance by the licensee of the conditions of this Order in Council.

14. 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.

Vesting Management of Te Akau Wharf in Raglan County Council.

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this twenty-ninth day of December, 1905.

Present:
THE HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS by section fourteen of “The Harbours Act, 1878,” it is enacted that the Governor in Council may vest the management of any wharf the property of His Majesty in any local governing body or person, upon such terms and conditions as the Governor in Council thinks fit:

And whereas it is provided by the seventeenth section of the said Act that in and by such Order in Council it may be prescribed what dues and rates shall be taken by the body or person in whom any such wharf shall be vested as aforesaid:

And whereas it is thought desirable to vest the management of the Te Akau Wharf, situate in Raglan Harbour, in the Provincial District of Auckland, in the Raglan County Council (hereinafter called “the said Council”), on the terms and conditions herein set forth, and to prescribe that the dues and rates specified in the Schedule hereto shall be charged and taken, on and after the date of this Order in Council, for the use of the said wharf:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, and in pursuance and exercise of the power and authority vested in him by the said fourteenth and seventeenth sections of “The Harbours Act, 1878,” and of all other powers and authorities in anywise enabling him in that behalf, doth hereby vest, as from the fourth day of November, one thousand nine hundred and five, the management of the Te Akau Wharf, Raglan Harbour, which is shown on plan marked M.D. 1807, and deposited in the office of the Marine Department, in the Raglan County Council, subject to the following conditions; and doth hereby prescribe that the dues and rates specified in the Schedule hereto shall be charged and taken, from the fourth day of November, one thousand nine hundred and five, for the use of the said wharf:—

CONDITIONS.

1. That 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 of ingress and egress thereon and therefrom.

2. That 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.

3. That the said Council 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 Marine Department.

4. That any person authorised by the Minister having charge of the Marine Department, 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 that, upon his leaving at or posting to the last known address of the said Council a notice in writing of any defect or want of repair in such wharf or buildings, requiring the said Council, within a reasonable time to be therein prescribed, to repair the same, the said Council shall, with all convenient speed, cause such defect to be removed or such repairs to be made.

5. That the said Council shall not erect, or suffer to be erected, on the said wharf any building or structure whatever except with the consent of the Marine Department.