782
THE NEW ZEALAND GAZETTE.
[No. 21

2. 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 an annual sum of ten shillings in advance, to date from the date hereof, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

3. 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 wharf without payment.

4. The licensee 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.

5. 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.

6. Nothing herein contained shall authorise the licensee to do or cause to be done anything repugnant to or inconsistent with any law relating to the Customs, or any regulation of the Minister of Customs, or with any provisions of “The Harbours Act, 1908,” or its amendments, or any regulations made thereunder, and that are now or may hereafter be in force.

7. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years 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 written consent of the Minister first obtained.

8. 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 licensee three 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 address of the licensee.

9. In case the licensee 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 two of these conditions;
   (3.) Cease to use the said wharf for a period of thirty days; 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 license, 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 license, rights, and privileges thereby granted and conferred, have been revoked and determined.

10. In these conditions the term “Minister” means the Minister of Marine, as defined by “The Shipping and Seamen Act, 1908,” and includes any officer, person, or authority acting by or under the direction of such Minister.

11. The construction of the wharf shall be sufficient evidence of the acceptance by the licensee of the terms and conditions of this Order in Council.

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

Licensing the Opunake Wharf Company (Limited) to use and occupy a Part of the Foreshore at Opunake as a Site for a Wharf and Sheds, and prescribing Dues and Rates for the Use of such Wharf.

PLUNKET, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this fifth day of March, 1910.

Present:
His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, the Opunake Wharf Company (Limited), of Opunake (hereinafter called “the company”), in the year one thousand eight hundred and ninety-one, applied to the Governor in Council for a license under the said Act to occupy a part of the foreshore and the land below low-water mark immediately contiguous to such foreshore at Opunake, in the Provincial District of Taranaki, in order to erect and maintain thereon a wharf and the necessary sheds in connection therewith; and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” deposited plans in the office of the Marine Department, at Wellington (marked M.D. 1593 and 1650), showing the manner in which it was proposed to construct such wharf and sheds, the place where it was intended to erect the same, and the area of foreshore or land below low-water mark intended to be occupied for such purpose: And whereas it was made to appear to the Governor in Council that the proposed work would not be or tend to the injury of navigation, and the said plans were approved by the Governor in Council without modification or addition: And whereas, pursuant to such application, a license was by Order in Council dated the nineteenth day of January, one thousand eight hundred and ninety-one, and published in the New Zealand Gazette of the twenty-third day of the same month, granted and issued to the company under the said Act, for the purpose aforesaid, for the term of fourteen years, computed from the date of the said Order in Council, on the terms and conditions therein expressed:

And whereas the company duly constructed the said wharf and sheds, and the same are now under the control and management of the company:

And whereas the company in the year one thousand nine hundred and four made application for a fresh license under the said Act for a term of three years, computed from the expiry of the term of the said first-mentioned license, and such license was granted for the said term of three years:

And whereas the company in the year one thousand nine hundred and seven made further application for a fresh license under the said Act, and such license was granted for a further term of two years:

And whereas the company has made application for a fresh license under the said Act for a further term of two years, computed from the date of expiry of the said license for two years hereinbefore mentioned, and it is expedient to grant the same for the term and subject to the 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 that part of the foreshore and of the land below low-water mark immediately contiguous thereto which is particularly shown and delineated on the plans so deposited as aforesaid, for the purpose of using the aforesaid wharf and sheds in connection therewith, 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 doth hereby prescribe the dues and rates set forth in the Second Schedule hereto to be taken by the company for the use of the said wharf; and doth also hereby declare that this Order in Council shall come into force and take effect on the nineteenth day of January, one thousand nine hundred and ten, being the date of the expiry of the term of the license last granted.

FIRST SCHEDULE.

1. The concessions and privileges conferred by this Order in Council shall extend and apply only to the parts of the foreshore and of the land below low-water mark necessary for the erection of such wharf and sheds, as shown on the plan marked M.D. 1650, and deposited in the office of the Marine Department as aforesaid.

2. All His Majesty’s subjects shall at all reasonable times, upon payment of the proper dues, have free and full liberty to use the wharf, and all rights of ingress and egress thereon and therefrom.

3. 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 wharf without payment.

4. 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.

5. Any person authorised by the Minister may at all reasonable times enter upon the said wharf and sheds and view the state of repairs thereof; and upon such Minister leaving at or posting to the last known address of the