Aug. 8.] THE NEW ZEALAND GAZETTE. 2539

ment at Wellington (marked M.D. 3075) showing the place where it is intended to construct such timber booms, the area of foreshore and land below low-water mark intended to be occupied for such purpose, and the manner in which it is proposed to carry out the work: 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: And whereas it is expedient that a license under the said Act, for the purpose aforesaid, should be granted and issued to the licensees 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 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 licensees 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 licensees to use and occupy that part of the foreshore and land below low-water mark which is particularly shown and delineated on the plans so deposited as aforesaid, for the purpose of constructing thereon timber booms in accordance with the said plans, such license to be held and enjoyed by the licensees 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 construction of the timber booms, as shown on plans M.D. 3075.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensees 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 five pounds in advance, such annual payments to date from the date hereof.

4. The rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years, computed from the date of this Order in Council, 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 previous written consent of the Minister first obtained.

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 timber booms without payment.

6. The said rights, powers, and privileges may be at any time resumed by the Governor, and the licensees may be required to remove the timber booms at their own cost, without payment of any compensation whatever, on giving to the licensees three 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 in New Zealand.

7. The licensees shall maintain the above-mentioned timber booms in good order and repair; and shall at all times exhibit therefrom, and maintain at their own cost, any lights that may be required by the Harbourmaster: Provided that no light shall be exhibited until after it has been approved of by the Minister.

8. Any person authorised by the Minister may at all reasonable times enter upon the said timber booms 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 timber booms, requiring them, within a reasonable time, to be therein prescribed, to repair the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made.

9. The licensees shall be liable for any injury which may be sustained by any vessel or boat in passing the timber booms, or by contact therewith, and which may be occasioned by any default or neglect on their part.

10. In case the licensees shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
    (2.) Cease to use or occupy the said timber booms for a period of thirty days;
    (3.) Fail to pay the sums specified in clause three of these conditions; or,
    (4.) Become bankrupt, or be in any manner brought under the operation of any law in force for the time being relating to bankruptcy,

then and in any 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 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 rights and privileges thereby conferred, have been revoked and determined; and upon such revocation the Minister may cause the said timber booms to be removed, and may recover the cost incurred by any such removal from the licensees.

11. The construction of the timber booms shall be deemed to be an acceptance by the licensees of the conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Vesting Management of Boat-slip Landing at Port Moeraki in Trustees for the Inhabitants of Waitaki County.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this fifth day of August, 1907.

Present:

His Excellency the Governor in Council.

WHEREAS by section fourteen of “The Harbours Act, 1878,” it is enacted that the Governor in Council may vest the management of any wharf, the property of His Majesty, in any local governing body or person, upon such terms and conditions as the Governor in Council thinks fit: And whereas it is thought desirable to vest the management of the boat-slip wharf landing at Port Moeraki, in the Waitaki County, in Alfred Hill, of Moeraki; Michael Joyce, of Hillgrove; and William Nicholson, of Hampden (hereinafter called “the trustees”), as trustees for the inhabitants of the Waitaki County for the term and subject to the conditions hereinafter expressed:

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 pursuance and exercise of the power and authority vested in him by the said fourteenth section of “The Harbours Act, 1878,” and of all other powers and authorities in anywise enabling him in that behalf, doth hereby vest the management of the boat-slip landing at Port Moeraki, which is shown on plan marked M.D. 2962, and deposited in the office of the Marine Department at Wellington, in the trustees as trustees for the inhabitants of the Waitaki County for the term and subject to the conditions hereinafter expressed:—

1. That all His Majesty’s subjects shall at all reasonable times have free and full liberty to use the above-mentioned boat-slip landing, and of ingress and egress thereon and therefrom.

2. 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 boat-slip landing without payment.

3. That the trustees shall maintain and keep the above-mentioned boat-slip landing, and all erections on the same, in good order and repair; and shall at all times permit to be erected and exhibited therefrom any lights for the guidance of vessels, and shall maintain at their own cost any such lights: Provided that no new light shall be exhibited until after it has been approved of by the Marine Department.

4. That any person authorised by the Minister of Marine, or any officer acting with his approval, may at all reasonable times enter upon the said boat-slip landing and any buildings erected thereon, and view the state of repair thereof; and that, upon his leaving at the last known address of the trustees, or any one of them, in New Zealand a notice in writing of any defect or want of repair in such boat-slip landing or buildings, requiring them, within a reasonable time, to be therein prescribed, to repair the same, they shall, with all convenient speed, cause such defect to be removed or such repairs to be made.

5. That the trustees shall appoint all officers and servants required for the management and working of the said boat-slip landing.

6. That the trustees shall not erect, or suffer to be erected, on the said boat-slip landing any building or structure whatever except with the consent of the Marine Department.

7. That nothing herein contained shall authorise the trustees 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 thereunder.