JAN. 13.] THE NEW ZEALAND GAZETTE. 23

and alterations (Regulation 49), should be sent to the Public Works Engineer at present stationed at Napier, and to the Telegraph Engineer of the district, or his deputy, at present stationed at Napier.

5. CHARGES FOR ELECTRIC ENERGY.
   The charge for electrical energy shall not exceed 1s. per unit for lighting purposes, and 6d. per unit for motor-power, heating, or cooking purposes; provided that “lighting purposes” shall include the operation of motor generators for lighting purposes.

6. DURATION OF LICENSE.
   This license shall, unless sooner determined in accordance with the provisions hereinafter expressed, continue in force for a period of forty-two years from the date hereof. Upon the expiry of the said term, or upon the sooner determination of this license by revocation or otherwise, all rights hereby granted to the licensee shall thereupon cease and determine; but such expiration or determination shall not relieve the licensee of any liability theretofore incurred under this license.

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

Licensing the Kauri Timber Company (Limited) to use and occupy a Part of the Foreshore of the Whitianga Harbour as a Wharf-site, and fixing Wharfage Dues.

LIVERPOOL, Governor.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this fourth day of January, 1916.

Present :
THE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, the Kauri Timber Company (Limited), of Auckland (hereinafter called “the company”), did, in the year one thousand nine hundred and one, apply to the Governor in Council for a license under the Harbours Act Amendment Act, 1883 (hereinafter called “the said Act”), to occupy a part of the foreshore and land below low-water mark adjacent thereto of Whitianga Harbour, Mercury Bay, in order to erect and maintain a wharf thereon; and, in accordance with the one-hundred-and-fifty-sixth section of the Harbours Act, 1878, deposited plans (two sheets) in the office of the Marine Department at Wellington (marked M.D. 2493), showing the place where it was intended to construct such wharf, 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 carry out the work: And whereas, it having been 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 having been, prior to the making of the Order in Council granting the license, approved by the Governor in Council, a license under the said Act, for the purpose aforesaid, was, on the eighteenth day of December, one thousand nine hundred and one, granted and issued to the company, on the terms and conditions therein expressed, for a period terminating on the eighteenth day of December, one thousand nine hundred and fifteen:

And whereas the company has made application for a license under the Harbours Act, 1908, to occupy the said foreshore and land below low-water mark for the purpose aforesaid for a further period of five years from the date of expiry of the license first hereinbefore mentioned, and it is expedient to grant the same subject to 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 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 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 land below low-water mark adjacent thereto, on which the wharf is erected, as shown on the plans so deposited as aforesaid, for the purpose of maintaining the said wharf thereon, such license to be held and enjoyed by the company upon and subject to the terms and conditions set forth in the First Schedule hereto; and, further, with the like advice and consent as aforesaid, and in pursuance and exercise of the power conferred by the Harbours Act, 1908, doth hereby prescribe that the dues and rates set forth in the Second Schedule hereto shall be charged and taken for the use of the said wharf.

FIRST SCHEDULE.

1. In these conditions the term “Minister” means the Minister having charge of the Marine Department, 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 the part of the foreshore, and land below low-water mark adjacent thereto, occupied by the said wharf, as shown on plans marked M.D. 2493.

3. 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 £10, payable on the 1st day of December, dating from the 18th day of December, 1915, the first of such annual payments to be made on the company being supplied with a copy of this Order in Council.

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 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.

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

8. 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 Commissioner of Trade and 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 company 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 five years from the 18th day of December, 1915, 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 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 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.

12. 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.

13. 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;
    (3.) Be in any manner wound up or dissolved; or
    (4.) Fail to pay the sums specified in clause 3 of these conditions,—
    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 proceeding whatsoever; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to