514

THE NEW ZEALAND GAZETTE.

[No. 11

Seamen Act, 1908, 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 those parts of the foreshore and land below low-water mark necessary for the erection of the structures described in the third column of the First Schedule of this Order in Council.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensees shall, on being supplied with a copy thereof, each pay to the Minister the sum of 10s., and thereafter the annual sums respectively specified in the fourth column of the First Schedule of this Order in Council, payable on the 1st day of January, dating from the 1st day of January, 1911.

4. 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 erections without payment.

5. The licensees shall maintain the above-mentioned erections in good order and repair; and, in respect of their respective erections, shall at all times exhibit therefrom and maintain at their 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. Any person authorized by the Minister may at all reasonable times enter upon the said erections and view the state of repair thereof; and upon such Minister leaving at or posting to the last-known address of the licensees, or any of them, a notice in writing of any defect or want of repair in their or his erections or erection, requiring them or him, within a reasonable time, to be therein prescribed, to repair the same, they or he shall with all convenient speed cause such defect to be removed or such repairs to be made.

7. Nothing herein contained shall authorize the licensees 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.

8. The ballast of all vessels loading at any of the wharves 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 rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for fourteen years from the 1st day of January, 1911, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the licensees shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

10. 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 licensees, or any of them, 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 address of the licensee in respect of whose rights it is given.

11. The licensees shall be liable for any injury which their erections may cause any vessel or boat to sustain through any default or neglect on their part.

12. In case any of the licensees shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them;
    (2.) Cease to use or occupy his respective erections for a period of thirty days;
    (3.) Become bankrupt, or be in any manner brought under the operation of any Act for the time being in force relating to bankruptcy; or
    (4.) Fail to pay the sums specified in clause 3 of these conditions,
    then and in either of the said cases every right, power, or privilege granted to him by this Order in Council 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 the license, rights, and privileges thereby granted and conferred have been revoked and determined so far as concerns the person in respect of whom the revocation is made.

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

Vesting Management of Wharf at Rawene, in Hokianga Harbour, in the Hokianga County Council, and prescribing Dues.

ISLINGTON, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this second day of February, 1911.

Present:
THE HONOURABLE J. A. MILLAR PRESIDING IN COUNCIL.

WHEREAS by section eleven of the Harbours Act, 1908 (hereinafter termed “the said Act”), it is enacted that the Governor in Council may vest the management of any wharf the property of His Majesty in any local governing body or person, upon such terms and conditions as the Governor in Council thinks fit:

And whereas it is provided by section thirteen of the said Act that the Governor may from time to time, by Order in Council, prescribe what dues and rates shall be taken by the body or person in whom any such wharf shall be vested as aforesaid:

And whereas it is thought desirable to vest in the Hokianga County Council (hereinafter called “the Council”) the management of a wharf at Rawene, in Hokianga Harbour, in the County of Hokianga, in the positions shown on plans marked M.D. 181, 182, 582, and 583, and deposited in the office of the Marine Department, at Wellington, on the terms and conditions hereinafter set forth, and to prescribe the dues and rates which shall be taken by the Council for the use of such wharf:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, and in pursuance and exercise of the power and authority vested in him by the said eleventh and thirteenth sections of the said Act, and of all other powers and authorities in anywise enabling him in that behalf, doth hereby vest the management of the wharf at Rawene, in Hokianga Harbour aforesaid, in the Council, subject to the conditions set forth in the First Schedule hereto; and doth hereby prescribe that the dues and rates set forth in the Second Schedule hereto shall be taken by the Council for the use of the said wharf.

FIRST SCHEDULE.
CONDITIONS OF MANAGEMENT.

1. 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.

2. All His Majesty’s subjects shall at all reasonable times, and upon payment of the proper dues, have free and full liberty to use the above-mentioned wharf and rights of ingress and egress thereto 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, over, and out of the wharf without payment.

4. The Board shall maintain and keep the above-mentioned wharf, and all erections on or in connection with the wharf, in good order and repair; and shall at all times exhibit therefrom and maintain at its own cost any lights for the guidance of vessels: Provided that no new light shall be exhibited until after it has been approved by the Minister.

5. All dues and rates received on account of the said wharf by the Board shall be applied to keeping the said wharf, and all erections on or in connection with such wharf, in good order and repair.

6. Any person authorized by the Minister may at all reasonable times enter upon the said wharf, and any buildings erected on the wharf or in connection therewith, and view the state of repair thereof; and upon his leaving at or posting to the last known address of the Council a notice in writing of any defect or want of repair in such wharf or buildings, requiring the Council, within a reasonable time, to be therein prescribed, to make good or repair the same, the Council shall, with all convenient speed, cause such defect to be removed or such repairs to be made.

7. The Council shall not erect, or suffer to be erected, on the said wharf any building or structure whatever except with the consent of the Minister.

8. The Council shall keep a separate account of the receipts and expenditure on account of such wharf and premises, and shall cause such account to be balanced to the thirty-first day of March in every year, and shall send a copy of such account when balanced to the Minister, and shall supply any particulars in reference thereto as may be required by the Minister.