1614
THE NEW ZEALAND GAZETTE.
[No. 43

Northern Wairoa, Kaipara, 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 foreshore and the land below low-water mark immediately contiguous to such foreshore of Wairoa River, at Grahamsfern, Kaipara Harbour, in order to erect and maintain thereon a wharf, and, in accordance with the one-hundred-and-fifty-sixth section of the Harbours Act, 1878, deposited a plan in the office of the Marine Department at Wellington (marked M.D. 2183) showing the manner in which it was proposed to construct such wharf, the place where it was intended to erect the same, and the area of foreshore and 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 plan was 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 eighteenth day of April, one thousand eight hundred and ninety-eight, and published in the New Zealand Gazette of the eighteenth day of the same month, granted and issued to the licensees under the said Act, for the purpose aforesaid, for the term of fourteen years, computed from the eighteenth day of April, one thousand eight hundred and ninety-eight, on the terms and conditions therein expressed:

And whereas the licensees duly constructed the said wharf:

And whereas the said license was, with the consent of the Minister of Marine, transferred to the Parker-Lamb Timber Company (Limited), of Auckland (hereinafter called “the company”), and the same is 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 seven 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 particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of using the aforesaid wharf in connection therewith, such license to be held and enjoyed by the company upon and subject to the terms and conditions set out in the Schedule hereto.

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SCHEDULE.

1. THE concessions and privileges conferred by this Order in Council shall extend and apply only to the parts of the foreshore, and the land below low-water mark necessary for such wharf, as shown on the plan marked M.D. 2183, and deposited in the office of the Marine Department as aforesaid.

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 £2 in advance, payable on the 1st day of March, dating from the 1st day of March, 1912, the first of such annual payments to be made on the company being supplied with a copy of this Order in Council.

3. All persons 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.

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 wharf without payment.

5. 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.

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 company 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 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 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 rights, powers, and privileges conferred by or under this Order in Council shall continue in force for the term of seven years, computed from the 1st day of March, unless in the meantime such rights, powers, and privileges are 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.

9. 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 by the Minister, by the Harbourmaster at Kaipara, or by any person appointed by the Minister for that purpose.

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 company 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 company.

11. The company 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 company 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; or
    (3.) Be in any manner wound up or dissolved,—
    then and in any such case this Order in Council, and every license, right, power, or privilege thereby conferred, may be revoked and determined by the Governor in Council, without any notice to the company or other proceedings 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 license, rights, and privileges thereby granted and conferred have been revoked and determined.

13. 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.

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

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Validating Proceedings in connection with a Loan of £5,000 for the Purpose of the Improvement of Streets, making Culverts, &c., proposed to be raised by the St. Aubyn Town Board.

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ISLINGTON, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this seventh day of May, 1912.

Present:

THE HONOURABLE A. M. MYERS PRESIDING IN COUNCIL.

WHEREAS the St. Aubyn Town Board did, on the fourteenth day of March, one thousand nine hundred and twelve, take a poll of the ratepayers of the St. Aubyn Town District on the proposal to borrow the sum of five thousand pounds, under the provisions of the New Zealand State-guaranteed Advances Act, 1909, for the purpose of the improvement of streets by regrading, forming, metalling, kerbing, making footpaths and culverts within the town district: And whereas the voting-paper used at the said poll was made out in the form prescribed by the Local Elections and Polls Act, 1908, instead of form one in the Second Schedule to the Local Bodies’ Loans Act, 1908: And whereas it appears that the ratepayers have not been misled by such irregularity, and it is expedient to validate the same:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of