foreshore and land below low-water mark of Waikawa River
in order to erect and maintain a wharf thereon; and, in accordance
with the one-hundred-and-fiftieth section of the said Act,
has deposited a plan, in duplicate, in the office of the Marine
Department at Wellington (marked M.D. 3231) showing the
place in the said river where it is intended to construct such
wharf, and the area of foreshore and land below low-water
mark 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 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
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 that part of the foreshore and
land below low-water mark which is particularly shown and
delineated on the plan so deposited as aforesaid, for the purpose of constructing or erecting thereon a wharf; 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. 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 of Waikawa River
   shown on the said plan marked M.D. 3231.

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, over, and out of the said wharf without payment.

6. 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 company shall not assign, charge, or part with any
   such right, power, or privilege without the previous written
   consent of the Minister first obtained.

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

8. 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.

9. 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.

10. The ballast of all vessels loading at the said wharf
    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 Waikawa, by the Minister, or by any
    person appointed by the Minister for that purpose.

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

12. 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, 1908,” or any regulations
    made thereunder, and that are now or may hereafter be in
    force.

13. In case the Council 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.) Be in any manner wound up or dissolved,
    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 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 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 company.

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

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

Authorising the Tauranga Borough Council to charge Dues
for shipping at the Tauranga Town Wharf.

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this seventh
day of September, 1908.
Present:

His Excellency THE GOVERNOR IN COUNCIL.
WHEREAS by Order in Council dated the seventeenth
day of October, one thousand nine hundred and
four, and published in the New Zealand Gazette of the
twentieth day of the same month, No. 84, the management
of the Tauranga Town Wharf was duly vested in the Tauranga Borough Council (hereinafter called “the Council”),
and dues and rates for the use of the same as set out in the
Schedule to the Order in Council aforesaid were prescribed:

And whereas it is desirable to amend such Order in
Council by altering the said Schedule with the object of
adding thereto by prescribing the dues and charges payable
by vessels laying off or making 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 Harbours Act,
1908,” and of all other powers and authorities enabling him
in that behalf, and acting by and with the advice and
consent of the Executive Council of the said Dominion,
doth hereby prescribe that the dues and rates set forth in
the Schedule hereto shall be charged and taken for the use
of the said wharf, such dues and charges being in addition
to those prescribed by the said Order in Council of the
seventeenth day of October, one thousand nine hundred
and four.

SCHEDULE.
Every person who shall use any wharf with any vessel shall
pay for the use thereof as follows, that is to say:—
s. d.

(1.) For any vessel under 10 tons register, for
every ton or part of a ton, at per day .. 0 2
For vessels over 10 tons register, on first
10 tons, per day .. .. .. .. 0 2
For every ton over 10 tons, per day per ton 0 0½
Provided that such payment shall not exceed 5s.
in any one quarter of a year for a vessel under
10 tons, or 10s. per quarter of a year for a vessel
under 20 tons; or such vessels may pay the before-mentioned sums for every quarter, which shall be
payable in advance, on the quarter-days commencing
as from the 1st days of January, April, July, and
October in each year, at the office of the Council.

(2.) For every vessel occupying a berth outside another
vessel, or laying off a wharf with a line attached to
such wharf, or laying at a wharf undergoing
repairs or fitting out, only half the above rate.

(3.) The minimum charge for any vessel using any
wharf shall be 6d.

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