3126
THE NEW ZEALAND GAZETTE.
[No. 84

Licensing the Leyland O'Brien Timber Company (Limited)
to use and occupy a Part of the Foreshore and Land
below Low-water Mark of the Mill Creek, Whitianga
Harbour, as a Site for Timber-booms.

LIVERPOOL, Governor.
ORDER IN COUNCIL.

At the Government House at Wellington, this tenth day of
August, 1914.

Present :
His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, the Ley-
land O'Brien Timber Company (Limited), of Auckland (here-
inafter called “the company”), has applied to the Governor
in Council for a license under the Harbours Act, 1908 (here-
inafter called “the said Act”), to occupy a part of the fore-
shore and land below low-water mark of the Mill Creek,
Whitianga Harbour, as a site for timber-booms; and, in
accordance with the one-hundred-and-fiftieth section of the
said Act, has deposited a plan in the office of the Marine
Department at Wellington (marked M.D. 4286), showing the
place where it is intended to construct such timber-booms,
the area of foreshore and land below low-water mark in-
tended to be occupied for such purpose, and the manner in
which it is proposed to carry out the work: And whereas it
has been made to appear to the Governor in Council that the
proposed work will not be or tend to the injury of navigation,
and the said plan has, prior to the making of this Order in
Council, been approved by the Governor in Council:
And whereas it is expedient that a license under the said
Act, for the purpose aforesaid, should be granted and
issued to the company on the terms and conditions herein-
after 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
acting 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 by 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 land below low-water mark which is particu-
larly shown and delineated on the plan so deposited as afore-
said, for the purpose of maintaining thereon timber-booms
constructed in accordance with the said plan, such license
to be held and enjoyed by the company upon and sub-ject
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 that part of the
   foreshore and land below low-water mark necessary for the
   construction of the timber-booms, as shown on plan M.D.

4. 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, dating from the date hereof, the first of such annual
   payments to be made on the company being supplied with a
   copy of this Order in Council.

5. 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
   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 so obtained.

6. 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.

7. The said rights, powers, and privileges may be at any
   time resumed by the Governor, and the company may be
   required to remove the timber-booms at its own cost, with-
   out 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 in New Zealand.

8. The company shall maintain the above-mentioned
   timber-booms in good order and repair; and shall at all
   times exhibit thereon, and maintain at its 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.

9. 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 com-
   pany a notice in writing of any defect or want of repair in
   such timber-booms, 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.

10. The company 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 the company’s part.

11. In case the company 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.) Be in any manner wound up or dissolved,—
    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 company 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
    company, and to all persons concerned or interested, that
    this Order in Council, and the rights and privileges thereby
    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 company.

12. The construction of the timber-booms shall be deemed
    to be an acceptance by the company of the conditions of
    this Ord-r in Council.

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

Patea Harbour Board declared a Leasing Authority under the
Public Bodies' Leases Act, 1908.

LIVERPOOL, Governor.
ORDER IN COUNCIL.

At the Government House at Wellington, this tenth day of
August, 1914.

Present :
His Excellency the Governor in Council.

WHEREAS by an Order in Council dated the second
day of September, one thousand eight hundred and
ninety-five, and published in the New Zealand Gazette of the
fifth day of September, one thousand eight hundred and
ninety-five, the Patea Harbour Board was declared to be
subject to the provisions of the Public Bodies' Powers Act,
1887 ;

And whereas the said Council has, in terms of subsection
three of section fourteen of the Public Bodies' Leases Act,
1908 (hereinafter termed “the said Act”), requested that
the said Order in Council may be revoked ;

And whereas the Patea Harbour Board is a body of per-
sons having power to lease land held in trust, reserved, or set
apart for public purposes, and has requested the Governor in
Council to declare it to be a leasing authority within the
meaning of the said Act:

Now, therefore, His Excellency the Governor of the Do-
minion of New Zealand, in pursuance and exercise of the
powers and authorities conferred upon him by the said Act,
and acting by and with the advice and consent of the Execu-
tive Council of the said Dominion, doth hereby revoke the
aforesaid Order in Council of the second day of September,
one thousand eight hundred and ninety-five, but without
prejudice to anything heretofore done thereunder; and,
further, in compliance with the aforesaid request of the said
Patea Harbour Board, and in pursuance and exercise of the
above-recited powers, and acting by and with the advice and
consent of the Executive Council as aforesaid, doth hereby
order and declare that the said Patea Harbour Board is a
leasing authority, within the meaning of the Public Bodies'
Leases Act, 1908.

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