Oct. 16.]

Licensing D. M. McIntosh to use and occupy a Part of the
Foreshore at Totara North, Whangaroa Harbour, as a Site
for a Wharf.

LIVERPOOL, Governor.
ORDER IN COUNCIL.
At the Government House; at Wellington, this thirteenth
day of October, 1913.
Present :

His Excellency The Governor in Council.
WHEREAS by Order in Council dated the twenty-
eighth day of October, one thousand eight hundred
and ninety-nine, and published in the New Zealand Gazette
No. 92, of the tenth day of the following month, John
McIntosh, of Mangonui, was licensed to occupy a part of the
foreshore of Whangaroa Harbour, as a site for a wharf, erected
in accordance with plan marked M.D. 2294, and deposited
in the office of the Marine Department, at Wellington, for
a period of fourteen years from the twenty-eighth day of
October, one thousand eight hundred and ninety-nine:
And whereas the said license was, with the consent of the
Minister of Marine, transferred to Duncan McCheyne McIntosh
(hereinafter called “the licensee ”):
And whereas the said period has expired, and the licensee
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
hereinbefore-recited Order in Council, 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 Do-
minion 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 license and permit
the licensee to use and occupy that part of the foreshore of
Whangaroa Harbour on which the said wharf is erected, as
shown on the said plan marked M.D. 2294, upon and subject
to the terms and conditions set forth in the Schedule hereto.

SCHEDULE.

1. In consideration of the concessions and privileges granted
   by this Order in Council the licensee shall, on being sup-
   plied 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 1st day of October, dating from the 1st day of
   October, 1913, the first of such annual payments to be made on
   the licensee being supplied with a copy of this Order in
   Council.

2. 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.

3. The licensee shall maintain the said wharf in good
   order and repair; and shall at all times exhibit therefrom,
   and maintain at his 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.

4. The licensee shall not erect, or suffer to be erected,
   on the said wharf any building or structure without the
   written consent of the Minister.

5. The ballast of all vessels loading at the said wharf
   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.

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 licensee a notice
   in writing of any defect or want of repair in such wharf,
   requiring him, within a reasonable time, to be therein pre-
   scribed, to repair the same, 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 licensee
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regula-
   tions of the Minister of Customs, or with any provisions of
   the Harbours Act, 1908, or its amendments, or any regula-
   tions 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
   fourteen years, computed from the 1st day of October, 1913,
   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 previous written
   consent of the Minister first obtained.

9. 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 de-
   livered at or posted to the last known address of the
   licensee.

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

11. 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 wharf for a period of
    thirty consecutive 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 1 of these
    conditions,-
    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 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,
    right, and privileges thereby granted and conferred, have
    been revoked and determined.

12. 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.
    Revoking Order in Council fixing Dues for the Use of the
    Karamea Wharf, and fixing others in lieu thereof.
    LIVERPOOL, Governor.
    ORDER IN COUNCIL.
    At the Government House, at Wellington, this thirteenth
    day of October, 1913.
    Present :
    His Excellency The Governor in Council.
    WHEREAS by Order in Council dated the eleventh day
    of August, one thousand nine hundred and thirteen,
    a by-law was made prescribing the dues and rates to be taken
    and charged for the use of the Government Wharf at Karamea :
    And whereas it is advisable to revoke the said by-law, and
    to make another in lieu thereof:
    Now, therefore, His Excellency the Governor of the Do-
    minion of New Zealand, in pursuance and exercise of the
    power and authority vested in him by sections nine and
    eleven of the Harbours Act, 1908, and of all other powers
    and authorities enabling him in that behalf, and acting by
    and with the advice and consent of the Executive Council
    of the said Dominion, doth hereby revoke as from the twen-
    tieth day of October, one thousand nine hundred and thirteen,
    the by-law made by the hereinbefore-recited Order in Council,
    and doth hereby make the following by-law in lieu thereof;
    and doth declare that such by-law shall come into force on
    the twentieth day of October, one thousand nine hundred
    and thirteen.
    BY-LAW.
    The following charges are hereby fixed and authorized to be
    levied and taken on all goods landed at or shipped from the
    Government wharf at Karamea :—
    On all goods not otherwise specified, weight or measure-
    ment, at the option of the wharfinger, per ton .. 2 0
    Minimum charge . . . . . . . 0 6
    Fruit, per ton of 20 cases . . . . . 2 0
    Minimum . . . . . . 0 3
    Vegetables, per ton of 12 sacks . . . . 2 0
    Minimum . . . . . . 0 3
    Large cattle and horses, per head . . . . 2 1
    Pigs, sheep, and goats, per head . . . . 0 3
    Poultry, per crate . . . . . . 0 6
    Timber, per 100 ft. superficial . . . . 0 2
    Storage.
    For the first seven days . . . . . . . Free.
    For each subsequent day, per ton per day or part of a s. d.
    day .. . . . . . . .. 0 3
    J. F. ANDREWS,
    Clerk of the Executive Council.