2034
THE NEW ZEALAND GAZETTE.
[No. 59.

been made to appear to the Governor in Council that
the proposed work will not be or tend to the injury of navi-
gation, 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
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 Sea-
   men 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 necessary for the construction of a wharf as shown
   on plans M.D. 2360.

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, and thereafter an annual sum of
   one pound in advance, such annual payments to date from
   the 27th day of August, 1905.

4. The rights, powers, and privileges conferred by this
   Order in Council shall continue in force for eight years,
   computed from the 27th day of August, 1905, 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 con-
   sent of the Minister first obtained.

5. All persons shall, at all reasonable times, upon payment
   of the proper dues, have full and free liberty to use the said
   wharf, and all rights of ingress and egress thereon and
   therefrom.

6. 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.

7. Nothing herein contained shall authorise the licensee
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regula-
   tions of the Commissioner of Trade and Customs, or with
   any provisions of “ The Harbours Act, 1878,” or its amend-
   ments, or any regulations made thereunder, and that are
   now or may hereafter be in force.

8. The ballast of all vessels loading at the said wharf shall
   be taken away by the licensee 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.

9. 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 neces-
   sary lights for the guidance of vessels : Provided that no
   light shall be exhibited until after it has been approved of by
   the Minister.

10. 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.

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

12. 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.

13. 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 his part.

14. In case the licensee shall—
    (1.) Commit or suffer a breach of the conditions here-
    inbefore 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 pub-
    lication 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 con-
    ferred, have been revoked and determined ; and upon such
    revocation the Minister may cause the said wharf to be
    removed, and may recover the costs incurred by any such
    removal from the licensee.

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

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

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

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-
eighth day of July, 1908.

Present :

His Excellency the Governor in Council.

WHEREAS it is, among other things provided by sec-
tion 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 Cook, which
borders on the Port or Harbour of Tolaga Bay, in the Cook
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 September, one thousand nine hundred and
eight, the said Council shall exercise the powers of a Har-
bour Board within the limits of the port or harbour herein-
after set forth, and which said port or harbour is called
Tolaga 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 Cook
County is to exercise the powers aforesaid as follows,
that is to say, —

All that area of the sea known as Tolaga Bay and covered
by the sea at high water, lying inside a right line drawn from
the northern point of the north head called Te Karaka Point,
marked by a white-painted post placed one hundred and
twenty feet above the sea, which bears the words “ Northern
limit of Tolaga Bay Harbour District,” to the north-western
point of Sporings Island, marked by a white-painted post
placed seventy feet above the sea, which bears the words
“ Southern limit of Tolaga Bay Harbour District.”

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