1364
THE NEW ZEALAND GAZETTE.
[No. 38

1883” (hereinafter called “the said Act”), to occupy a part of the foreshore and of land below low-water mark at Aoroa, on the Wairoa River, Kaipara Harbour, as shown on plans marked M.D. 1847, 1859, and 2368, and deposited in the office of the Marine Department at Wellington, as sites for wharves, erected in accordance with the said plans: And whereas it is expedient that a license under the said Act, for the purpose aforesaid, should be granted and issued to the company 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 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 purpose or 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 of land below low-water mark which are particularly shown on the plans marked M.D. 1847, 1859, and 2368, so deposited as aforesaid, as sites for wharves, and which said license shall 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. 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 sites for such wharves, shown on the plans marked M.D. 1847, 1859, and 2368, and deposited in the office of the Marine Department as aforesaid.

3. In consideration of the concessions and privileges granted by this Order in Council, the company shall pay the sum of two pound ten shillings, and shall pay to the Minister an annual sum of five pounds, dating from the first day of August, one thousand nine hundred and seven, 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 full and free liberty to use the said wharves, 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 wharves without payment.

6. The company shall maintain the above-mentioned wharves 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 wharves 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 wharves, requiring it, within a reasonable time, to be therein prescribed, to make good the same, it shall with all convenient speed cause such defect to be removed or such repairs to be made, as the case may be.

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 regulations 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 wharves, or any one of them, shall be taken away by the company and deposited above high-water mark, or at such place as may be approved of by the Harbourmaster at Kaipara, 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 in force for fourteen years from the first day of August, one thousand nine hundred and seven, 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 registered office of the company in New Zealand.

12. The company shall be liable for any injury which the said wharves may cause any vessel or boat to sustain through default or neglect on the part of the company.

13. In case the company shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
    (2.) Fail to pay the sums specified in clause three of these conditions;
    (3.) Cease to use or occupy the said wharves, or any one of them, for the purposes aforesaid for a period of thirty days;
    (4.) Be in any manner wound up or dissolved,
    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 company 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 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.

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

Licensing the Dunedin Amateur Boating Club to use and occupy a Part of the Foreshore of Otago Harbour.

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this second day of May, 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, the Dunedin Amateur Boating Club (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 in order to erect and maintain thereon a boatshed in Otago Harbour; 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. 3193) showing the place in the said bay where it is intended to erect such boatshed, and the area of foreshore intended to be occupied for such purpose: 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 plan has, 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 which is particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of constructing or erecting thereon a boatshed; such license to be held and enjoyed by the licensee upon and subject to the following terms and conditions, that is to say:—