1104
THE NEW ZEALAND GAZETTE.
[No. 32

Licensing the Hokianga County Council to use and occupy
a Part of the Foreshore of the Hokianga River.

PLUNKET. Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this eighteenth
day of April, 1906.

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

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, the
Hokianga County Council (hereinafter called “the Council”),
has applied to the Governor in Council for a license under
“The Harbours Act Amendment Act, 1883” (hereinafter
called “the said Act”), to occupy a part of the foreshore
and land below low-water mark of the Hokianga River, at
Horeke, in order to erect and maintain thereon a wharf;
and, in accordance with the one-hundred-and-fifty-sixth sec-
tion of “The Harbours Act, 1878,” has deposited a plan
in the office of the Marine Department at Wellington
(marked M.D. 2944), in duplicate, showing the place where it
is intended to erect such wharf, the area of foreshore to be
occupied for such purpose, and the manner in which it is
proposed to erect the wharf: And whereas it has been made
to appear to the Governor in Council that the proposed work
will not be or tend to the injury of navigation; and the said
plan has, prior to the making of this Order in Council, been
approved by the Governor in Council, without modification
or addition: And whereas it is expedient that a license under
the said Act, for the purpose aforesaid, should be granted
and issued to the Council on the terms and conditions herein-
after 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 pur-
pose or object for which the said license is required by the
Council 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 Council to use and occupy that part of the foreshore
and land below low-water mark which are particularly shown
and delineated on the plan marked M.D. 2944 so deposited as
aforesaid, for the purpose of constructing or erecting thereon
a wharf, such license to be held and enjoyed by the Council
upon and subject to the following terms and conditions,
that is to say:—

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 necessary for
   the erection of such wharf, which are shown on the plan
   marked M.D. 2944, and deposited in the office of the Marine
   Department as aforesaid.

3. 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, over, and out of the said wharf without payment.

4. The Council shall complete the erection of the said
   wharf in accordance with the approved plan marked M.D.
   2944, within twelve calendar months from the date of this
   Order in Council.

5. The Council shall maintain the above-mentioned
   wharf in good order and repair.

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 Council a notice
   in writing of any defect or want of repair in such wharf,
   requiring it, within a reasonable time, to be therein pre-
   scribed, to make good the same, the Council shall with all
   convenient speed cause such defect to be removed or such
   repairs to be made, as the case may be.

7. Nothing herein contained shall authorise the Council
   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.

8. 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 Council shall not
   assign, charge, or part with any such right, power, or privi-
   lege without the written consent of the Minister first
   obtained.

9. 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 Council 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 Council.

10. The Council 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.

11. In case the Council shall—
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them; or
    (2.) Cease to use or occupy the said wharf for the pur-
    poses aforesaid,
    then and in either of the said cases this Order in Council,
    and every license, right, power, or privilege thereby con-
    ferred, may be revoked and determined by the Governor in
    Council, without any notice to the Council or other pro-
    ceeding whatsoever; and publication in the New Zealand
    Gazette of an Order in Council containing such revocation
    shall be sufficient notice to the Council, 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.

12. The erection of the said wharf shall be sufficient evi-
    dence of the acceptance by the Council of the terms and
    conditions of this Order in Council.

J. F. ANDREWS,
Acting Clerk of the Executive Council.

Fixing Dues for the Sounds Co-operative Dairy Company’s
(Limited) Wharf in Paradise Bay, Pelorus Sound.

PLUNKET. Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this eighteenth
day of April, 1906.

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

WHEREAS by section fourteen of “The Harbours Act
Amendment Act, 1883,” it is enacted that where
there is no Harbour Board empowered to grant a license to
occupy foreshore for the erection and use of a wharf the
Governor in Council may grant such a license:

And whereas under the provisions of the said Act the
Governor did, by Order in Council dated the eleventh day
of September, one thousand nine hundred and five, and pub-
lished in the New Zealand Gazette No. 97 of the same year,
license the Sounds Co-operative Dairy Company (Limited),
(hereinafter called “the company”), to use and occupy
part of the foreshore in Paradise Bay, Pelorus Sound, as a
site for a wharf:

And whereas it is desirable to fix the dues and rates to be
charged in respect to such wharf, as set forth in the Sche-
dule hereto:

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 pur-
suance and exercise of the power and authority vested in
him by “The Harbours Act, 1878,” and “The Harbours
Act Amendment Act, 1879,” and of all other powers and
authorities in anywise enabling him in that behalf, doth
hereby prescribe that the dues and rates specified in the
Schedule hereto shall be charged and taken by the company,
from the date hereof, for the use of the said wharf.

SCHEDULE.
s. d.
Grain or flour, per ton .. .. .. .. 1 0
Grain or flour, not exceeding 200 bags, per bag .. 0 2
Posts and rails, per 100 .. .. .. .. 0 6
Firewood, per cord .. .. .. .. 0 6
Sawn timber, inwards or outwards, up to 1,000 ft.
superficial, per 100 ft. .. .. .. .. 0 2
Ditto, over 1,000 ft. superficial, per 100 ft. .. 0 1
Single bag or parcel .. .. .. .. 0 3
Horses or great cattle, first one .. .. .. 2 0
Ditto, all over one, each .. .. .. .. 1 0
Sheep or pigs, each .. .. .. .. 0 1
Sheep, all over 100, each.. .. .. .. 0 0½
Bricks, per 1,000 .. .. .. .. 2 0
Coal, per ton .. .. .. .. 1 0
Wool, per bale .. .. .. .. 0 6
Flax and tow, per bale .. .. .. .. 0 6