1132

THE NEW ZEALAND GAZETTE.

[No. 28

Declaring that the Waiapu County Council shall exercise the Powers of a Harbour Board, and defining the Limits of the Port or Harbour of Tokomaru Bay.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this first day of April, 1908.

Present:

THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS it is, among other things, provided by section two hundred and forty-two of “The Counties Act, 1886,” that, in any place where there is no Harbour Board, the Governor, on the request of the Council of any county bordering on any estuary or arm of the sea, may, by Order in Council duly gazetted, declare that such Council shall, from a date to be fixed in such Order, exercise all the powers of a Harbour Board within such limits of such estuary or arm aforesaid as the Governor may define for that purpose:

And whereas the Council of the County of Waiapu, which borders on the Port or Harbour of Tokomaru Bay, in the Waiapu County, has requested that it may be declared that it shall exercise all the powers of a Harbour Board within such port or harbour:

And whereas it is desirable that such request should be acceded to, and that the limits of such port or harbour should be defined as hereinafter appears:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the hereinbefore recited power and authority, and by and with the advice and consent of the Executive Council of the said Dominion, doth hereby declare that, from and after the first day of May, one thousand nine hundred and eight, the said Council shall exercise the powers of a Harbour Board within the limits of the port or harbour hereinafter set forth, and which said port or harbour is called Tokomaru Bay Harbour.

And in further pursuance and exercise of the hereinbefore-recited power and authority, His Excellency, with the advice and consent aforesaid, doth hereby define the limits of the said port or harbour within which the Council of the County of Waiapu is to exercise the powers aforesaid as follows, that is to say,—

All that area of the sea known as Tokomaru Bay, and covered by the sea at high water, lying between Kotunui Point on the north and Te Mawhai Point on the south, each of the said points being marked by a post having painted thereon the words “Tokomaru Harbour Boundary.”

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing E. T. Field, of Dargaville, to use and occupy a Part of the Foreshore and Land below Low-water Mark on Northern Wairoa River as a Site for a Wharf.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this first day of April, 1908.

Present:

THE RIGHT HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Edward Thurlow Field, of Dargaville (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 and land below low-water mark on Northern Wairoa River, in order to construct and maintain thereon a wharf; and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” has deposited plans, in duplicate, in the office of the Marine Department at Wellington, marked M.D. 3169 (two sheets), showing the place where it is intended to construct such wharf, 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 licensee on the terms and conditions hereinafter expressed:

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 with the advice and consent of the Executive Council of the said Dominion, 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 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 a wharf in accordance with the said plans; 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 and land below low-water mark necessary for the construction of the wharf, as shown on plans M.D. 3169.

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 the annual sum of one pound 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. The licensee shall maintain the above-mentioned wharf in good order and repair, and shall at all times exhibit therefrom, and maintain at his 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.

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

7. The licensee shall maintain the above-mentioned wharf in good order and repair.

8. 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 address of the licensee a notice in writing of any defect or want of repair in such wharf, requiring him, within a reasonable time, to be therein prescribed, to repair the same, he shall with all convenient speed cause such defect to be removed or such repairs to be made.

9. The licensee shall be liable for any injury which may be sustained by any vessel or boat in passing the wharf or by contact therewith, and which may be occasioned by any default or neglect on the licensee’s part.

10. In case the licensee 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 wharf 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 licensee 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 licensee, 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 wharf to be removed, and may recover the cost incurred by any such removal from the licensee.

11. The construction of the wharf shall be deemed to be an acceptance by the licensee of the conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.