566
THE NEW ZEALAND GAZETTE.
[No. 15

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
is 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 purpose aforesaid, on the terms and
conditions hereinafter expressed: And whereas it is desir-
able to prescribe dues and rates which shall be taken by the
company 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 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 that part of the foreshore and
land below low-water mark on which the wharf is to be
erected, as shown on the plans so deposited as aforesaid, for
the purpose of erecting and maintaining the said wharf, such
license to be held and enjoyed by the company upon and
subject to the terms and conditions set forth in the First
Schedule hereto. And, in pursuance of the power conferred
upon him by “The Harbours Act, 1878,” and of all other
powers enabling him in that behalf, and with the like advice
and consent, His Excellency the Governor of the Colony of
New Zealand doth hereby prescribe that the dues and rates
set forth in the Second Schedule hereto shall be taken by the
company for the use of the said wharf.

———

FIRST SCHEDULE.

1. IN these conditions the term “Minister” means the
   Minister of Marine, as defined by “The Shipping and Sea-
   men 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 occupied by the
   wharf, as shown on plans marked M.D. 3028.

3. 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 £3, and thereafter an annual sum of £5 in advance,
   such annual payments to date from the date hereof, the
   first of such annual payments to be made on the licensees
   being supplied with a copy of this Order in Council.

4. 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.

5. 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.

6. The company shall maintain the above-mentioned
   wharf in good order and repair; and shall at all times ex-
   hubit 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.

7. 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 registered office of the company
   in New Zealand a notice in writing of any defect or want of
   repair in such wharf, requiring it 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.

8. Nothing herein contained shall authorise the company
   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.

9. The ballast of all vessels loading at the said wharf
   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.

10. The rights, powers, and privileges conferred by or
    under this Order in Council shall continue in force for four-
    teen 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 privi-
    lege 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 com-
    pensation whatever, on giving to the company 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 registered office 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 herein-
    before set forth, or any of them;
    (2.) Cease to use or occupy the said wharf for a period
    of thirty days;
    (3.) Be in any manner wound up or dissolved; or
    (4.) Fail to pay the sums specified in clause 3 of these
    conditions,
    then and in any of the said cases this Order in Council, and
    every license, 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 pub-
    lication 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 con-
    ditions of this Order in Council.

———

SECOND SCHEDULE.

SHIPPING WHARFAGE.

EVERY person who shall use this wharf with any vessel shall
pay for the use thereof as follows, that is to say:—
For every vessel a sum of 1d. per ton on the gross tonnage
of such vessel per day for each day or part of a day a vessel
shall occupy a berth alongside any vessel laying at the said
wharf, or shall lay at the said wharf undergoing repairs or
fitting out only, or shall lay off the said wharf with a line
attached thereto.

GOODS WHARFAGE.

Every person who shall use this wharf for landing or
shipping any goods shall, before using the same, pay dues
as follows, that is to say:—

1. For all goods landed on this wharf, a rate of 2s. 6d. per
   ton weight or measurement, at the option of the company.
2. For every head of cattle or horses landed upon or
   shipped from the said wharf, 2s. 6d. per head.
3. For every yearling or calf so landed upon or shipped
   from the said wharf, the sum of 1s. per head.
4. For every head of sheep or small cattle so landed upon
   or shipped from the said wharf, the sum of 6d. per head.
5. If any ship shall use this wharf for the discharge of
   any goods or cargo after the usual working-hours or on
   wharf holidays, such ship shall pay to the company for the
   use of the said wharf a charge at the rate of 1s. per ton on
   all goods or cargo so discharged from such ship.
   This charge will only be made when, in the opinion of the
   wharfinger, it is necessary to employ labour to stack or
   remove cargo in sheds in consequence of the discharge of
   such goods or cargo as aforesaid.

PASSENGERS.

For every passenger who shall land on or be shipped from
the said wharf, the sum of 1s.

ALEX. WILLIS,
Clerk of the Executive Council.

———

Licensing the Otamatea County Council to use and occupy
a Part of the Foreshore of Little Shag Creek, Tokatoka.

———

PLUNKET, Governor.

By his Deputy,
JAMES PRENDERGAST.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventh
day of February, 1907.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, the
Otamatea County Council (hereinafter called “the Council”),