816
THE NEW ZEALAND GAZETTE.
[No. 17

foreshore and land below low-water mark necessary for the
construction of the timber-booms, as shown on plan M.D.
8806.

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 £1 in ad-
   vance, such annual payments 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.

4. The rights, powers, and privileges conferred by this Order
   in Council shall continue 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 com-
   petent authority; and the licensee shall not assign, charge,
   or part with any such right, power, or privilege without the
   previous written consent of the Minister first obtained.

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 timber-booms
   without payment.

6. The said rights, powers, and privileges may be at any
   time resumed by the Governor, and the licensee may be
   required to remove the timber-booms 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.

7. The licensee shall maintain the above-mentioned
   timber-booms in good order and repair; and shall at all
   times exhibit therefrom, and maintain at his own cost, any
   lights that may be required by the Minister: Provided that
   no light shall be exhibited until after it has been approved
   of by the Minister.

8. Any person authorized by the Minister may, at all
   reasonable times, enter upon the said timber-booms, 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 timber-booms, 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.

9. The licensee shall be liable for any injury which may
   be sustained by any vessel or boat in passing the timber-
   booms, or by contact therewith, and which may be
   occasioned by any default or neglect on his part.

10. In case the licensee shall—
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them;
    (2.) Cease to use or occupy the said timber-booms for a
    period of thirty days;
    (3.) Fail to pay the sums specified in clause 3 of these
    conditions; or
    (4.) Become bankrupt, or be in any manner brought
    under the operation of any law for the time being
    in force 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 proceedings 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 ther-
    by conferred, have been revoked and determined; and upon
    such revocation the Minister may cause the said timber-
    booms to be removed, and may recover the costs incurred
    by any such removal from the licensee.

11. The construction of the timber-booms shall be deemed
    to be an acceptance by the licensee of the conditions of
    this Order in Council.

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

Licensing the Northern Steamship Company (Limited) to
use and occupy a Part of the Foreshore of Manukau
Harbour.

ISLINGTON, Governor.
ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this thir-
teenth day of February, 1912.

Present :
THE RIGHT HONOURABLE SIR J. G. WARD, BART.,
PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board em-
powered to grant the license hereinafter men-
tioned, the Northern Steamship Company (Limited)
(hereinafter termed “the company”), in the year one

thousand eight hundred and ninety-eight, applied to the
Governor in Council for a license, under the Harbours
Act Amendment Act, 1883, to occupy a part of the fore-
shore and land below low-water mark adjacent thereto
in Manukau Harbour in order to construct and maintain
thereon a slip for vessels, and dolphins connected there-
with, 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. 2175, two sheets), showing the place in the
said harbour where it was intended to construct such slip
and dolphins, and the area of foreshore and land below
low-water mark intended to be occupied for such purpose,
and the manner in which it was proposed to construct such
slip and dolphins: 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 plan
was approved by the Governor in Council without modifica-
tion or addition: And whereas, pursuant to such applica-
tion, a license was, by Order in Council dated the fifteenth
day of February, one thousand eight hundred and ninety-
eight, and published in the New Zealand Gazette of the
twenty-fourth day of the same month, granted and issued
to the company, under the said Act, for the purpose afore-
said, 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
slip and dolphins, and the same are now under the control
and management of the company:

And whereas the company has made application for a
fresh license under the Harbours Act, 1908 (hereinafter
called “the said Act”), for a term of fourteen years
computed from the expiry of the term of the said first-
mentioned license, 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 particu-
larly shown and delineated on the plan so deposited as
aforesaid, for the purpose of maintaining such slip and
dolphins, such license to be held and enjoyed by the
company upon and subject to the terms and conditions set
forth in the Schedule hereto.

SCHEDULE.

1. 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 necessary for
   the maintenance of the said slip and dolphins, as shown on
   the plan marked M.D. 2175.

2. 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 £2 10s., and thereafter an annual sum of £1,
   in advance, payable on the 15th day of February, and
   dating from the 15th day of February, 1912.

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

4. The company shall maintain the above-mentioned
   slip and dolphins 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 authorized by the Minister may at all
   reasonable times enter upon the said slip and view the
   state of repair thereof; and upon such Minister leaving
   at or posting to the last known address of the company in
   New Zealand a notice in writing of any defect or want of
   repair in such slip, requiring the company within a reason-
   able 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.

6. Nothing herein contained shall authorize the company
   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.