MAY 30.] THE NEW ZEALAND GAZETTE. 1665

And whereas by Order in Council dated the eleventh day of April, one thousand nine hundred and seven, the Governor has declared that the said Council of the County of Kaikoura (hereinafter called “the Council”) shall, from and after the first day of May next, exercise all such powers as aforesaid:

And whereas the Council, exercising the powers of a Harbour Board, has applied for a license under “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), to occupy part of the foreshore and land below low-water mark in Kaikoura Harbour, in order to erect and maintain thereon a wharf and approach thereto; 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. 3050 (four sheets, in duplicate), showing the place where it is intended to erect such wharf, the area of foreshore and land below low-water mark to be occupied for such purpose, and the manner in which it is proposed to erect the wharf and approach: 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 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 Council exercising the powers of a Harbour Board 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 Council exercising the powers of a Harbour 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 Council to use and occupy that part of the land below low-water mark which is particularly shown and delineated on the plans marked M.D. 3050 so deposited as aforesaid, for the purpose of constructing or erecting thereon a wharf and approach thereto; 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 and approach, which is shown on the plans marked M.D. 3050, 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 and approach in accordance with the approved plans marked M.D. 3050, within eighteen calendar months from the date of this Order in Council.

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

6. Any person authorised by the Minister may at all reasonable times enter upon the said wharf and approach 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 or approach, requiring it, within a reasonable time, to be therein prescribed, 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 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 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 privilege without the written consent of the Minister first obtained.

9. The Council may make such charges for the use of the wharf as may be approved of by the Minister of Marine.

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 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.

11. 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.

12. In case the licensee 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 wharf for the purposes aforesaid,

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 Council 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 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.

13. The erection of the said wharf shall be sufficient evidence 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.

Approving of Plans and authorising Erection of an Aerial Tramway between the Mainland and the Island at Island Bay.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-seventh day of May, 1907.

Present:

His Excellency the Governor in Council.

WHEREAS John Petrie and William Johnson, both of Wellington (hereinafter called “the licensees”), have applied to the Governor in Council for authority to construct an aerial tramway between the mainland near the southern end of Adelaide Road, Island Bay, and the island situate in the said bay; and, in accordance with section one hundred and fifty-six of the said Act, have deposited plans (two sheets), in duplicate, in the office of the Marine Department, at Wellington (marked M.D. 3056), of such tramway and of the place where it is to be constructed: 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 whereas it is expedient that the said plans should be approved, and that the licensees should be authorised to construct the said work:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority conferred upon him by “The Harbours Act, 1878,” and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby approve of the said plans, in duplicate, marked M.D. 3056, and doth authorise and license the licensees to construct the said tramway in accordance with such plans, and to use and occupy such part of the foreshore and tidal land necessary for the construction of the structures to support the tramway, as shown on the said plan (sheet 2), subject to the following terms and conditions, that is to say:—

1. The tram-line shall be for the use and benefit of the public.

2. The licensees may make such charge for the use of the tramway as may be approved by the Minister of Marine.

3. The rights, powers, and privileges conferred by the Order in Council shall continue in force for fourteen years, computed from the date hereof; and the licensees shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister of Marine first obtained.

4. The licensees shall be liable for any damage or injury which the tramway may cause to any person through any negligence or default on their part.

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