3116
THE NEW ZEALAND GAZETTE.
[No. 92

SCHEDULE—continued.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing the Northern Wairoa Co-operative Dairy Company (Limited) to use and occupy a Part of the Foreshore at Mangawhare, Northern Wairoa River.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-first day of October, 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 Northern Wairoa Co-operative Dairy Company (Limited), of Mangawhare, Northern Wairoa (hereinafter called “the company”), has applied to the Governor in Council for a license under the said Act to occupy a part of the foreshore and of the land below low-water mark at Mangawhare, Northern Wairoa, in order to erect and maintain a wharf thereon; 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 Marine Department at Wellington (marked M.D. 3104) showing the area of foreshore and land below low-water mark intended to be occupied and the 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 desirable 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 Dominion 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 Dominion, 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 plan 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 Dominion of New Zealand doth hereby make the regulations for the said wharf, and 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 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 occupied by the wharf, as shown on plans marked M.D. 3104 (sheet 1).

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 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 company 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 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 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. The company shall appoint all wharfingers and other officers and servants required for the management and working of the said wharf.

9. Nothing herein contained shall authorise the company to do or cause to be done anything repugnant to or incon-