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THE NEW ZEALAND GAZETTE.
[No. 2

shall at all times have free ingress, passage, and egress into, through, over, and out of the said wharves or jetties without payment.

5. The licensees shall complete the erection of the said wharves or jetties, in accordance with the approved plan marked M.D. 3024, within twelve calendar months from the date of this Order in Council.

6. The licensees shall maintain the above-mentioned wharves or jetties in good order and repair.

7. Any person authorised by the Minister may at all reasonable times enter upon the said wharves or jetties and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the licensees a notice in writing of any defect or want of repair in such wharves or jetties, requiring them, within a reasonable time to be therein prescribed, to make good the same, the licensees shall with all convenient speed cause such defect to be removed or such repairs to be made, as the case may be.

8. Nothing herein contained shall authorise the licensees 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.

9. 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 licensees 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 licensees 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 licensees.

11. The licensees shall be liable for any injury which the said wharves or jetties may cause any vessel or boat to sustain through any default or neglect on their part.

12. In case the licensees shall—

(1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them; or

(2.) Cease to use or occupy the said wharves or jetties for the purposes aforesaid; or

(3.) Become bankrupt, or be in any manner brought under the operation of any Act in force for the time being relating to bankruptcy; or

(4.) Fail to pay the sums specified in clause two of these conditions,—

then and in any of the said cases 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 licensees 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 licensees, 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.

13. The erection of the said wharves or jetties shall be sufficient evidence of the acceptance by the licensees of the terms and conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council

licensing Richard Theophilus Wrathall to use and occupy a Part of the Foreshore of Mangonui Harbour.

PLUNKET, Governor.

ORDER IN COUNCIL.

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

Present :

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Richard Theophilus Wrathall, of Mangonui (hereinafter called “the licensee”), 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 of Mangonui Harbour, in the County of Mangonui, in order to erect thereon a building to be used as a warehouse and offices; 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. 3027 (three sheets), showing the place where it is intended to erect such warehouse and offices, the area of foreshore to be occupied for such purpose, and the manner in which it is proposed to construct such warehouse and offices: And whereas it has been made to appear to the Governor in Council that the proposed works will not be or tend to the injury of navigation; and the said plans have, 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 licensee 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 purpose or object for which the said license is required by the licensee 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 licensee to use and occupy that part of the foreshore which is particularly shown and delineated on the plans marked M.D. 3027 (three sheets) so deposited as aforesaid, for the purpose of constructing or erecting thereon a warehouse and offices; such license to be held and enjoyed by the licensee 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 necessary for the erection of such warehouse and offices, which are shown on the plans marked M.D. 3027, and deposited in the office of the Marine Department as aforesaid.

3. 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 two pounds ten shillings, and thereafter an annual sum of one pound in advance, such annual payments to date from the date hereof, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

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, over, and out of the said warehouse and offices without payment.

5. The licensee shall complete the erection of the said warehouse and offices in accordance with the approved plans marked M.D. 3027, within twelve calendar months from the date of this Order in Council.

6. The licensee shall maintain the above-mentioned warehouse and offices in good order and repair.

7. Any person authorised by the Minister may at all reasonable times enter upon the said warehouse and offices 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 warehouse and offices, requiring him, within a reasonable time, to be therein prescribed, to make good the same, the licensee shall with all convenient speed cause such defect to be removed or such repairs to be made, as the case may be.

8. 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 regulations made thereunder, and that are now or may hereafter be in force.

9. 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 licensee shall not assign, charge, or part with any such right, power, or privilege without the 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 licensees 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 licensee.