2240
THE NEW ZEALAND GAZETTE.
[No. 59

scheme 1 on sheet 1 of the plans so deposited as aforesaid,
for the purpose of erecting and maintaining the said
wharf thereon, in accordance with sheets 1A and 2A of the
plans so deposited as aforesaid, such license to be held and
enjoyed by the Council upon and subject to the terms and
conditions set forth in the Schedule hereto.

SCHEDULE.

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. 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 adjacent
   thereto, necessary for the erection of the wharf, at the site
   shown as scheme 1 on sheet 1 of the plans marked
   M.D. 3398.

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

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 wharf without payment.

5. The Council 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: Pro-
   vided 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 wharf and view the
   state of repair thereof; and upon such Minister leaving
   at or posting to the last known address of the Council 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.

7. Nothing herein contained shall authorize the Council
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regu-
   lation 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 the said wharf
   shall be taken away by the Council 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 date hereof, unless in the
   meantime such rights, powers, and privileges shall be
   altered, modified, or revoked by competent authority; and
   the Council 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 Council 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
    Council in New Zealand.

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

12. In case the Council 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—
    then and in either 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 Council 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
    Council, and to all persons concerned or interested, that
    this Order in Council, and the license, rights, and privi-
    leges thereby granted and conferred, have been revoked
    and determined.

13. The erection of the wharf shall be sufficient evidence
    of the acceptance by the Council of the terms and con-
    ditions of this Order in Council.

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

Licensing Samuel Walter Perry Peddle to use and occupy
a Part of the Foreshore at Whangāpoua.

ISLINGTON, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, this tenth
day of July, 1911.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, Samuel
Walter Perry Peddle (hereinafter called “the licensee”)
has applied to the Governor in Council for a license under
the Harbours Act, 1908 (hereinafter called “the said
Act”) to occupy a part of the foreshore and of the land
below low-water mark in Whangapoua Harbour, in order
to maintain thereon a wharf erected in accordance with
plan marked M.D. 2194, and deposited in the office of the
Marine Department, at Wellington: And whereas it is
expedient that a license should be granted and issued to
the licensee, under the said Act, for the purpose afore-
said, 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 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 and land below low-water mark on which the
wharf is erected, as shown on the plan so deposited as
aforesaid, for the purpose of maintaining the said wharf,
such license to be held and enjoyed by the licensee upon
and subject to the terms and conditions set forth in the
First Schedule hereto; and in pursuance and exercise of
the power and authority conferred by section thirteen of
the said Act, and with the like advice and consent, His
Excellency the Governor doth hereby prescribe that the
dues and rates set forth in the Second Schedule hereto
shall be taken by the licensee for the use of the said wharf.

FIRST SCHEDULE.

1. IN these conditions the term “Minister” means the
   Minister of Marine, as defined by the Shipping and Sea-
   men Act, 1908, and includes any officer, person, or autho-
   rity 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 occupied by the
   said wharf, as shown on the said plan marked M.D. 2194.

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 £2 10s., and thereafter an annual sum of £2, in
   advance, dating from the date hereof, the first of such
   annual payments having been made.

4. All persons shall at all reasonable times, upon pay-
   ment 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, and out of the said wharf without payment.

6. 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.

7. Any person authorized 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.

8. Nothing herein contained shall authorize the licensee
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regu-
   lation 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.