334
THE NEW ZEALAND GAZETTE.
[No. 10

at Te Hapua, Parengarenga Harbour, in order to erect and maintain a wharf thereon, and, in accordance with the one-hundred-and-fiftieth section of the said Act, have deposited plans marked M.D. 4352 in the office of the Marine Department at Wellington, showing the place where it is intended to erect such wharf, the area of foreshore and land below low water to be occupied for such purpose, and the manner in which it is proposed to erect such wharf :

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 plans have, prior to the making of this Order in Council, been approved by the Governor in Council without modification or addition :

And whereas it is expedient that a license under the said Act, for the purpose aforesaid, should be granted and issued to the licensees 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 conferred upon 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 object for which the said license is required by the licensees 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 licensees to use and occupy that part of the foreshore, and land below low-water mark adjacent thereto, on which the wharf is to be erected, as shown on the plans marked M.D. 4352, so deposited as aforesaid, for the purpose of erecting and maintaining the said wharf thereon, such license to be held and enjoyed by the licensees 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 Seaman 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 construction of the wharf as shown on plans marked M.D. 4352.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensees shall pay to the Minister an annual sum of 1s., payable on demand.

4. All persons shall at all reasonable times, upon payment 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 licensees shall maintain the above-mentioned wharf in good order and repair, and shall at all times exhibit therefrom and maintain at their 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.

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 licensees in New Zealand a notice in writing of any defect or want of repair in such wharf, requiring them, within a reasonable time, to be therein prescribed, to repair the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorize the licensees 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.

9. The ballast of all vessels loading at the said wharf shall be taken away by the licensees 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.

10. 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 licensees shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

11. 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 licensees 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 licensees in New Zealand.

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

13. In case the licensees or either of them shall—
    (1.) Commit or suffer a breach of the conditions hereinbefore set forth, or any of them; or
    (2.) Cease to use or occupy the said wharf for a period of thirty days; or
    (3.) Become bankrupt, or be in any manner brought under the operation of any law for the time being in force relating to bankruptcy; or
    (4.) Fail to pay the sums specified in clause 3 of these conditions,—
    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 licensees or other proceeding whatsoever. The publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to the licensees, 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.

14. The erection of the wharf shall be sufficient evidence of the acceptance by the licensees of the terms and conditions of this Order in Council.

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

———

Making Provision with respect to the Representation of the Borough of Waipukurau and the County of Waipukurau on the Napier Harbour Board.

———

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House at Wellington, this nineteenth day of January, 1915.

Present :

His Excellency the Governor in Council.

WHEREAS it is enacted by section twelve of the Harbours Amendment Act, 1912 (hereinafter called “the said Act”), that the creation, abolition, merger, division, or other alteration of any constituent or combined district shall not in itself have any operation so as to affect the then existing membership of the Board, and that the Governor may from time to time by Order in Council, whenever in his opinion it becomes necessary or expedient so to do, make such provision with respect to the representation of any part of any constituent or combined district as he thinks fit :

And whereas by the said Act the Waipukurau Town District and the Waipukurau County were made a combined district for the election by the electors thereof of one member of the Napier Harbour Board :

And whereas the said Waipukurau Town District has been constituted a borough, under the name of the Borough of Waipukurau, and it is necessary to make provision with respect to the representation of such borough and the County of Waipukurau on the Napier Harbour Board :

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the power and authority conferred upon 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 order and declare that one member of the Napier Harbour Board shall be elected by the electors of the County of Waipukurau and the Borough of Waipukurau, instead of one member by the electors of the County of Waipukurau and the Waipukurau Town District; and that the said borough and county shall be deemed to be a combined district within the meaning of the said Act, and doth hereby select and appoint the Waipukurau Borough Council to be the principal authority for the purpose of such election; and, further, doth hereby appoint Wednesday, the twenty-eighth day of April, one thousand nine hundred and fifteen, to be the date of the election of the said member to be held in accordance with the provisions of the said Act and the regulations made thereunder relating to the election of members of Harbour Boards for combined districts.

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