192
THE NEW ZEALAND GAZETTE.
[No. 6

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 fore-
shore and land below low-water mark on which the said wharf
and viaduct are to be erected, as shown on plan M.D. 4543
so deposited as aforesaid, for the purpose of erecting and
maintaining the said wharf and viaduct, such license to be
held and enjoyed by the company upon and subject to the
conditions and terms 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 the part of the
   foreshore and land below low-water mark necessary for the
   erecton of the said wharf and viaduct, as shown on the
   plan marked M.D. 4543.

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 £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.

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 viaduct, and all rights of ingress and egress thereon
   and therefrom.

5. His Majesty or the Governor, and all persons 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 wharf and viaduct without
   payment.

6. The company shall maintain the above-mentioned wharf
   and viaduct 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
   by the Minister.

7. Any person authorized by the Minister may, at all
   reasonable times, enter upon the said wharf and viaduct
   and view the state of repair thereof, and upon such Minister
   leaving at or posting to the last known address of the com-
   pany in New Zealand a notice in writing of any defect or
   want of repair in such wharf or viaduct, requiring it within
   a reasonable time, to be therein prescribed, to repair the
   wharf or viaduct, it shall with all reasonable 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 incon-
   sistent with any law relating to the Customs, or any regula-
   tion 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 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 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 with-
    out the 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 com-
    pensation whatever, on giving to the company three calendar
    months’ previous notice in writing. 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 herein-
    before set forth, or any of them;
    (2.) Cease to use or occupy the said wharf and viaduct 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 deter-
    mined 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.

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

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

Licensing Murray’s Bay Estate (Limited) to use and occupy
a Part of the Foreshore and Land below Low-water Mark
at Murray’s Bay, Hauraki Gulf, as a Site for a Wharf.

LIVERPOOL, Governor.
ORDER IN COUNCIL.

At the Government House at Wellington, this twenty-fourth
day of January, 1916.

Present :

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned, the
Murray’s Bay Estate (Limited), of Murray’s Bay, Hauraki
Gulf (hereinafter called “the company”), have applied to
the Governor in Council for a license under the Harbours
Act, 1908 (hereinafter called “the said Act”), to occupy a
part of the foreshore and land below low-water mark at
Murray’s Bay, Hauraki Gulf, in order to erect thereon a
wharf in accordance with plan marked M.D. 4539, and de-
posited in the office of the Marine Department at Wellington :
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 it is desirable that a license should
be granted and issued to the company under the said Act
for the purposes aforesaid :

Now, therefore, His Excellency the Governor of the Do-
minion 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 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 land below low-water mark on which the said
wharf is to be erected, as shown on plan marked M.D. 4539
so deposited as aforesaid, for the purpose of maintaining the
said structure thereon; such license to be held and enjoyed
by the company upon and subject to the terms and condi-
tions 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 occupied by the
   said wharf, as shown on plan marked M.D. 4539.

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 £1, in advance, dating from
   the date of this Order in Council, 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 there-
   from.

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 there-
   from 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 by the
   Minister.