712
THE NEW ZEALAND GAZETTE.
[No. 34

Council (hereinafter called “the Council”) was licensed to occupy a part of the foreshore and land below low-water mark of Little Skag Creek, Tokatoka, in Kaipara Harbour, as shown on a plan deposited in the office of the Marine Department at Wellington, marked M.D. 2918, as a site for a wharf, erected in accordance with the said plan, for a period of fourteen years from the date of the said Order in Council:

And whereas the Council has applied for authority to make certain additions to the said wharf, and, in accordance with the one-hundred-and-fiftieth section of the Harbours Act, 1908 (hereinafter called “the said Act”), has deposited a plan in the office of the Marine Department at Wellington, marked M.D. 4723, showing the additional area of foreshore and land below low-water mark intended to be occupied, and the nature and extent of the additions intended to be made:

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 Council, 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 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 Council 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 Council to use and occupy that part of the foreshore and land below low-water mark which are particularly shown and delineated on the plan marked M.D. 4723 so deposited as aforesaid, for the purpose of constructing or erecting thereon the said additions to the wharf, such license to be held and enjoyed by the Council 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 the part of the foreshore and land below low-water mark necessary for the erection of such extension, which are shown on the plan marked M.D. 4723, and deposited in the office of the Marine Department as aforesaid.

3. 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 extension without payment.

4. The Council shall complete the erection of the said works, in accordance with the approved plan marked M.D. 4723, within twelve calendar months from the date of this Order in Council.

5. The Council shall maintain the above-mentioned wharf extension in good order and repair.

6. Any person authorized by the Minister may at all reasonable times enter upon the said wharf extension and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the Council a notice in writing of any defect or want of repair in such wharf extension, requiring it, within a reasonable time, to be therein prescribed, to make good the same, the Council shall with all convenient speed cause such defect to be removed or such repairs to be made, as the case may be.

7. Nothing herein contained shall authorize the Council 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.

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

9. The Council shall at all times exhibit from the wharf extension 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.

10. 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 Council 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 Council.

11. The Council shall be liable for any injury which the said wharf extension may cause any vessel or boat to sustain through any default or neglect on its part.

12. In case the Council 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-extension for the purposes aforesaid,—
    then and in either of the said cases this Order in Council, and every license, right, power, or privilege thereby conferred, may be revoked and determined by the Governor in Council without any notice to the Council or other proceeding whatsoever; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to the Council, 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.

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

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

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Licensing Messrs. A. S. Andrewes and Sons to use and occupy a Part of the Foreshore at Opononi, Hokianga Harbour, as a Site for a Wharf, and prescribing Dues for the Use of the same.

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LIVERPOOL, Governor.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this fifth day of February, 1917.

Present:

THE HONOURABLE JAMES ALLEN PRESIDING IN COUNCIL.

WHEREAS by Order in Council dated the thirteenth day of February, one thousand eight hundred and eighty-nine, and published in the New Zealand Gazette No. 11, of the twenty-first day of the same month, John Webster, of Opononi, was licensed to use and occupy a part of the foreshore and land below low-water mark at Opononi, in Hokianga Harbour, as shown on plan marked M.D. 1491, and deposited in the office of the Marine Department at Wellington, in order to erect and maintain thereon a wharf, to be erected in accordance with plan marked M.D. 1492, and deposited as aforesaid, for the term of fourteen years, computed from the date of the said Order in Council, on the terms and conditions therein expressed:

And whereas by Order in Council dated the ninth day of January, one thousand eight hundred and ninety, and published in the New Zealand Gazette No. 4, of the twenty-third day of the same month, certain dues and rates were prescribed to be charged and taken for the use of the said wharf:

And whereas the licensee in the year one thousand nine hundred and three made application for a fresh license, and the same was granted for a term of seven years:

And whereas the said license has been, with the consent of the Minister of Marine, transferred to Messrs. Alfred Andrewes, George Andrewes, Frank Andrewes, and Arthur Edmund Andrewes, trading under the style or title of “A. S. Andrewes and Sons” (hereinafter called “the licensees”):

And whereas the licensees in the year one thousand nine hundred and ten made application for a fresh license, and the same was granted for a term of seven years:

And whereas the licensees have applied for a fresh license under the Harbours Act, 1908 (hereinafter called “the said Act”), for a term of seven years, and it is advisable to grant the same, and to prescribe the dues and rates which shall be charged and taken for the use of the said wharf:

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 purpose or 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 con-