668
THE NEW ZEALAND GAZETTE.
[No. 17

one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” deposited plans in the office of the Marine Department at Wellington, marked respectively 1719, 1818 (two sheets), 2599, and 2703, showing the nature of such reclamations, and the manner in which such reclamation, sawmills, and wharves were proposed to be carried out and erected, the places in the said harbour where it was proposed to reclaim and erect the same respectively, and the areas of foreshore or land below low-water mark intended to be occupied for such purposes: And whereas it was made to appear to the Governor in Council that the proposed works would not be or tend to the injury of navigation, and the said plans were approved by the Governor in Council: And whereas, pursuant to such applications, licenses were, by Orders in Council dated respectively the ninth day of August, one thousand eight hundred and ninety-two, the sixteenth day of May, one thousand eight hundred and ninety-three, the sixteenth day of March, one thousand nine hundred and three, and the twenty-ninth day of February, one thousand nine hundred and four, and published in the New Zealand Gazettes of the eleventh day of August, one thousand eight hundred and ninety-two, No. 64, the eighteenth day of May, one thousand eight hundred and ninety-three, No. 40, the nineteenth day of March, one thousand nine hundred and three, No. 20, and the third day of March, one thousand nine hundred and four, No. 19, respectively, granted and issued to the said company for the terms therein respectively mentioned, computed from the dates of the said Orders in Council, on the terms and conditions therein expressed: And whereas the company duly reclaimed or constructed the said reclamation, sawmills, and wharves, and the same are now under its control and management: And whereas the company has made application for one license under the said Act to include the four licenses hereinbefore mentioned, for a term of seven years, computed from the first day of January last, being the date of the expiry of the several hereinbefore-mentioned licenses, and for authority to fix and charge dues in respect of the wharf shown on Plan No. 1818, and known as the Kohukohu Wharf, 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 with the advice and consent of the Executive Council of the said colony, doth hereby approve of the purposes or objects 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 those parts of the foreshore and of the land below low-water mark immediately contiguous thereto which are particularly shown and delineated on the plans so deposited as aforesaid, for the purpose of using the aforesaid reclamation, sawmill, and wharves, such license to be held and enjoyed by the company upon and subject to the terms and conditions hereinafter expressed; and doth also hereby declare that this Order in Council shall come into force and take effect as from the first day of January, one thousand nine hundred and six, being the date of the expiry of the term of the several before-mentioned licenses; and doth also hereby prescribe that the dues and rates specified in the Schedule hereto shall be charged and taken from the said first day of January, one thousand nine hundred and six, for the use of the wharf known as the Kohukohu Wharf, and shown on Plan No. 1818 (sheet 1).

CONDITIONS.

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 such reclamation as aforesaid and for the erection of such sawmills and wharves, which are shown on the plans marked M.D. 1719, M.D. 1818, M.D. 2599, and M.D. 2703 respectively.

2. 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 three pounds for this Order in Council and the first annual sum of thirty pounds, and thereafter an annual sum of thirty pounds on the first day of January in each year of the said term of seven years.

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

4. 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 said wharves without payment.

5. The company shall maintain the above-mentioned wharves and other works 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.

6. Any person authorised by the Minister may, at all reasonable times, enter upon the said wharves and other works and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the company a notice in writing of any defect or want of repair in such wharves and other works, requiring the company, 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.

7. That nothing herein contained shall authorise the company 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 ballast of all vessels loading at the said wharves shall be taken away by the company and deposited above high-water mark, or at such place as may be approved of by the Minister 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 for seven years, computed from the 1st day of January, 1906, 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.

10. The said rights, powers, and privileges may be at any time resumed by the Governor, without payment or 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.

11. The company shall be liable for any injury which the said wharves or other works may cause any vessel or boat to sustain through any fault 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; or
    (2.) Is in any manner wound up or dissolved; or
    (3.) Ceases to use or occupy the said wharf,
    then and in any such case this 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.

SCHEDULE.

WHARFAGE DUES.

For every vessel lying alongside wharf—
(a.) One halfpenny per ton per day, or part of a day, for every ton register up to 100 tons.
(b.) Exceeding 100 tons, one halfpenny per ton per day, or part of a day, for every ton over 100 tons.

For all goods (except such as are hereinafter provided for) landed, stored, received, or delivered, at weight or measurement according to shipping usage.

Storage per
Landing. Week or Part of a Week. Receiving. Delivering.
s. d. s. d. s. d. s. d.
For parcels, each 0 1 0 2 0 2 0 2
For quantities up to ¼ ton, per lot 0 3 0 6 0 6 0 6
For quantities ¼ ton to ½ ton, per lot .. 0 4 0 8 0 8 0 8
For quantities ½ ton to 1 ton, per lot .. 0 6 1 0 1 0 1 0
For quantities 1 ton and over, per ton .. 0 6 1 0 1 0 1 0

Horses and cattle, per head .. .. 4 0
Sheep and pigs, per head .. .. 0 8