2956
THE NEW ZEALAND GAZETTE
[No. 99

Licensing the Leyland O'Brien Timber Company (Limited) to use and occupy a Part of the Foreshore and Land below Low-water Mark at the Junction of Owai Creek and Karetu River, Bay of Islands, as a Site for a Timber-boom.

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LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House at Wellington, this second day of September, 1916.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, the Leyland O'Brien Timber Company (Limited), of Auckland (hereinafter called “the company”), has 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 the junction of Owai Creek and Karetu River, Bay of Islands, as a site for a timber-boom, 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. 4621), showing the place where it is intended to construct such timber-boom, the area of foreshore and land below low-water mark intended 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 hereinafter 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 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 particularly shown and delineated on the plan so deposited as aforesaid, for the purpose of maintaining thereon a timber-boom constructed in accordance with the said plan, such license to be held and enjoyed by the company upon and subject to the terms and conditions set forth in the Schedule hereto.

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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-boom, as shown on plan M.D. 4621.

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. 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 first obtained.

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, over, and out of the said timber-boom without payment.

6. 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-boom at its own cost, 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.

7. The company shall maintain the above-mentioned timber-boom in good order and repair, and shall at all times exhibit therefrom 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.

8. The company shall make provision for the safe and expeditious passage of vessels and boats through the said boom.

9. Any person authorized by the Minister may at all reasonable times enter upon the said timber-boom and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the company a notice in writing of any defect or want of repair in such timber-boom, 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-boom, 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 hereinbefore set forth, or any of them;
    (2.) Cease to use or occupy the said timber-boom 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 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 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 rights and privileges thereby conferred, have been revoked and determined; and upon such revocation the Minister may cause the said timber-boom to be removed, and may recover the costs incurred by any such removal from the company.

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

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

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Portions of Bristol Street and Holly Road, St. Albans Ward, City of Christchurch, exempted from the Provisions of Section 117 of the Public Works Act, 1908.

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LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government House at Wellington, this second day of September, 1916.

Present:

His Excellency the Governor in Council.

WHEREAS by subsection one of section one hundred and seventeen of the Public Works Act, 1908, it is, inter alia, provided that the said section shall not apply in any case where the local authority having control of any road or street by resolution declares that the provisions thereof shall not apply to any specified road or street, or any specified part thereof, and such resolution is approved by the Governor in Council:

And whereas by subsection two of section one hundred and seventeen of the Public Works Act, 1908, it is provided that such approval may be either absolute or subject to such conditions with respect to the building-line as the Governor, by Order in Council, thinks fit to impose:

And whereas the Christchurch City Council, being the local authority having control of the portions of streets described in the Schedule hereto, has passed the following resolution—viz., “That the Christchurch City Council, being the local authority having control of Holly Road and Bristol Street, St. Albans Ward, of the City of Christchurch, hereby resolves that the provisions of section one hundred and seventeen of the Public Works Act, 1908, shall not apply to Lots 52, 53, and 54, D.P. 815, and Lot 2, D.P. 1784, situate at the corner of Holly Road and Bristol Street.”:

And whereas it is deemed expedient that such resolution should be approved: