2812
THE NEW ZEALAND GAZETTE.
[No. 80

rivers or streams therein mentioned within which artificial fly and artificial minnow only shall be used as lures or baits the stream known as the Pakuratahi Stream, within the County of Hutt; and doth hereby declare that the provisions of the said regulations of the twenty-seventh day of August, one thousand nine hundred and six, shall apply to the said Pakuratahi Stream as if such stream had been included in the proviso to clause five of the said regulations.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing the Tokomaru Farmers' Co-operative Company (Limited) to use and occupy Part of the Foreshore of Tokomaru Bay for an Extension to Wharf.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this ninth day of September, 1907.

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 Tokomaru Farmers’ Co-operative Company (Limited), (hereinafter called “the company”), did, in the year one thousand nine hundred and five, apply to the Governor in Council for a license under the said Act to occupy part of the foreshore and land below low-water mark in Tokomaru Bay in order to erect a wharf at Tokomaru Bay; and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” deposited a plan in the office of the Marine Department at Wellington (marked M.D. 2908) showing the area of foreshore and land below low-water mark and the manner in which it was proposed to erect the said wharf: And whereas the Governor in Council did, on the twenty-seventh day of November, one thousand nine hundred and five, approve of the purpose for which the said foreshore and land below low-water mark was to be occupied, and granted a license for the purpose aforesaid on the terms and conditions therein expressed: And whereas the company has applied for authority to make certain additions to the said wharf at Tokomaru Bay described in the said Plan M.D. 2908; and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” has deposited a plan in the office of the said Marine Department at Wellington (marked M.D. 3093) showing the additional foreshore and land below low-water mark intended to be so occupied, and the nature and extent of the said additions intended to be made: And whereas it is expedient that a license should be granted and issued to the company 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 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 those parts of the foreshore and land below low-water mark on which the said wharf at Tokomaru Bay is to be erected, as shown on the Plan M.D. 3093 so deposited as aforesaid, for the purpose of erecting and maintaining the said additions to the wharf at Tokomaru Bay, such license to be held and enjoyed by the company 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. 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 one pound ten shillings, and thereafter an annual sum of ten shillings in advance, such annual payments to date from the date hereof.

3. The concessions and privileges conferred by this Order in Council shall extend and apply only to the parts of the foreshore and of the land below low-water mark necessary for the erection of the extension to such wharf, which is shown on the plan marked M.D. 3093.

4. 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.

5. 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 wharf without payment.

6. The company shall maintain the above-mentioned wharf in good order and repair; and shall at all times exhibit 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-extension and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the company a notice in writing of any defect or want of repair in such wharf-extension, requiring the company, within a reasonable time, to be therein prescribed, to repair the same, the company 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 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 ballast of all vessels loading at the said wharf-extension 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 to be 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 company shall not assign, charge, or part with any such right, power, or privilege 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 compensation 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 address of the company.

12. The company shall be liable for any injury which the said wharf-extension may cause any vessel or boat to sustain through any fault or neglect on the company’s part.

13. In case the company shall—
    (1.) Commit or suffer a breach of the conditions hereinafter set forth, or any of them; or
    (2.) Cease to use or occupy the said wharf-extension 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 company or other proceedings whatsoever; and publication 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 construction of the said wharf-extension shall be sufficient evidence of the acceptance by the company of the terms and conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Changing the Purpose of a Reserve in the Auckland Land District.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this ninth day of September, 1907.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS the land described in the Schedule hereto was heretofore duly set apart for a site for cattle saleyards, being a reserve within Class I of “The Public Reserves Act, 1881”:

And whereas it is expedient that such land shall be appropriated for a site for a public hall and municipal buildings, being a reserve within the said Class I: