1436
THE NEW ZEALAND GAZETTE.
[No. 43

hundred and two, approve of the purpose for which the
said foreshore was to be occupied, and granted a license for
the purpose aforesaid on the terms and conditions therein
expressed: And whereas the said Board has applied for
authority to make certain alterations and additions to the
said wharf at Graham’s Beach described in the said Plan
M.D. No. 2547; and, in accordance with the one-hundred-
and-fifty-sixth section of the said Act, has deposited plans in
the office of the said Marine Department at Wellington,
marked M.D. 2950 (two sheets), (such plans being supple-
mentary to the above-mentioned Plan No. 2547), showing
the foreshore and land below low-water mark intended to be
so occupied, and the nature and extent of the said alterations
and additions intended to be constructed: And whereas it
is expedient that a license should be granted and issued to
the Board under the said Act for the purpose last aforesaid,
on the terms and 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 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 those parts of the fore-
shore and land below low-water mark on which the said
wharf at Graham’s Beach is to be erected, as shown on the
Plan No. 2950 so deposited as aforesaid, for the purpose of
erecting and maintaining the said additions and alterations
to the said wharf at Graham’s Beach, such license to be
held and enjoyed by the Board 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 of the land below low-water mark necessary
   for the erection of such wharf, which is shown on the plans
   marked M.D. 2547 and M.D. 2950 respectively.

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 wharf, 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 wharf without payment.

5. The Board shall maintain the above-mentioned wharf
   in good order and repair; and shall at all times exhibit there-
   from, 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 wharf and view the
   state of repair thereof; and upon such Minister 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,
   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.

7. Nothing herein contained shall authorise the Board
   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 ballast of all vessels loading at the said wharf shall
   be taken away by the Board and deposited above high-
   water mark, or at such place as may be approved of by the
   Minister, by the Harbourmaster at Manukau, or by any
   person appointed by the Minister for that purpose.

9. The rights, powers, and privileges conferred by or under
   this Order in Council shall continue to be in force until the
   first day of November, one thousand nine hundred and
   sixteen, unless in the meantime such rights, powers, and
   privileges shall be altered, modified, or revoked by competent
   authority; and the Board 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 of any
    compensation whatever, on giving to the Board six 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 Board.

11. The Board shall appoint all officers necessary for the
    control and management of the said wharf.

12. The Board shall be liable for any injury which the
    said wharf may cause any vessel or boat to sustain through
    any fault or neglect on its part.

13. In case the Board shall—
    (1.) Commit or suffer a breach of the conditions here-
    inbefore set forth, or any of them; or
    (2.) Cease to use or occupy the said wharf for a period
    of thirty days,
    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 Board or other proceeding whatsoever; and publication
    in the New Zealand Gazette of an Order in Council contain-
    ing such revocation shall be sufficient notice to the Board,
    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 construction of the said wharf shall be sufficient
    evidence of the acceptance by the Board of the terms and
    conditions of this Order in Council.

G. C. SCHMIDT,
Acting Clerk of the Executive Council.

Licensing the Devonport Steam Ferry Company, Limited, to
use and occupy Part of the Foreshore, Brown’s Island, as
a Wharf-site.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this first day
of June, 1906.

Present:

His Excellency the Governor 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 Devonport Steam Ferry Company,
Limited (hereinafter called “the company”), has applied to
the Governor in Council for a license under the said Act to
occupy part of the foreshore, and land below low-water mark
adjacent thereto, on Brown’s Island, in the Hauraki Gulf, 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. 2955 (two sheets),
showing the area of foreshore and land below low-water mark
intended to be occupied, and the manner in which it is pro-
posed to erect the wharf: And whereas the Governor in
Council has approved of the purpose for which the said fore-
shore 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 pur-
pose aforesaid, on the terms and conditions hereinafter ex-
pressed, and to prescribe 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 afore-
said; 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, at Brown’s Island, on
which the wharf is to be erected, as shown on the plans so
deposited as aforesaid, for the purpose of erecting and main-
taining 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 Schedule hereto.

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