3524
THE NEW ZEALAND GAZETTE.
[No. 135

Licensing the Kauri Timber Company (Limited) to use and occupy a Part of the Foreshore at Te Kopuru as a Site for Wharves, and prescribing Dues for their Use.

LIVERPOOL, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this seventeenth day of November, 1919.

Present:

His Excellency the Governor-General in Council.

WHEREAS by Order in Council dated the twenty-first day of December, one thousand nine hundred and fourteen, and published in the New Zealand Gazette No. 1, of the seventh day of January following, the Kauri Timber Company (Limited), of Auckland (hereinafter called “the company”), was licensed to use and occupy parts of the foreshore and land below low-water mark at Te Kopuru, in Kaipara Harbour, as shown on plans marked M.D. 2038, 2179, and 2420 respectively, and deposited in the office of the Marine Department at Wellington, in order to erect thereon wharves, as shown on the plans so deposited as aforesaid, for a term of five years, computed from the twenty-first day of December, one thousand nine hundred and fourteen:

And whereas the company has made application for a fresh license under the Harbours Act, 1908 (hereinafter called “the said Act”), for a term of five years, computed from the expiry of the term of the above-mentioned license, and it is expedient to grant the same for the term and subject to the conditions hereinafter expressed, and to prescribe the dues and rates to be charged and taken for the use of the said wharves:

Now, therefore, His Excellency the Governor-General 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 those parts of the foreshore, and land below low-water mark immediately contiguous thereto, which are particularly shown and delineated on the plans so deposited as aforesaid, for the purpose of using the aforesaid wharves in connection therewith, 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 doth hereby prescribe that the dues and rates set forth in the Second Schedule hereto shall, as from the twenty-first day of December, one thousand nine hundred and nineteen, be charged and taken for the use of the said wharves, or any of them.

FIRST 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 parts of the foreshore occupied by the said wharves, as shown on plans marked M.D. 2038, 2179, and 2420.

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 £6 in advance, dating from the 21st day of December, 1919.

4. All persons shall at all reasonable times, upon payment of the proper dues, have free and full liberty to use the said wharves, and all rights of ingress and egress thereon and therefrom.

5. His Majesty or the Governor-General, 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 wharves without payment.

6. The company shall maintain the above-mentioned wharves 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. The company shall clear all trucks and trolleys off the tramways on the wharves at the close of each day’s work.

8. Any person authorized by the Minister may at all reasonable times enter upon the said wharves and view the state of repair thereof; and upon such Minister leaving at or posting to the last-known registered office of the company in New Zealand a notice in writing of any defect or want of repair in such wharves, 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.

9. 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 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.

10. The ballast of all vessels loading at the said wharves 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.

11. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for five years from the 21st day of December, 1919, 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 written consent of the Minister first obtained.

12. The said rights, powers, and privileges may be at any time resumed by the Governor-General, 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 registered office of the company in New Zealand.

13. The company shall be liable for any injury which the said wharves, or either of them, may cause any vessel or boat to sustain through any default or neglect on its part.

14. 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 wharves 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 either of the said cases this Order in Council, and every license, right, power, or privilege, may be revoked and determined by the Governor-General 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 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.

SECOND SCHEDULE.

On every vessel under 20 tons register lying alongside the wharf, for each day or part of a day.. .. 1 0
On every vessel under 20 tons register, for every day or part of a day that such vessel lies alongside a vessel lying at the wharf .. .. .. 0 6
On every vessel under 20 tons register undergoing repairs or fitting out alongside the wharf, or lying off the wharf with a line attached thereto, per day or part of a day .. .. .. 0 6
On every vessel of 20 tons register and upwards lying alongside the wharf, per ton per day or part of a day .. .. .. 0 0½
Minimum charge on every sailing-vessel of 20 tons register and upwards lying alongside the wharf, per day or part of a day .. .. .. 1 0
Minimum charge on every steamer of 20 tons register and upwards lying alongside the wharf, per day or part of a day .. .. .. 1 6
On every vessel of 20 tons register and upwards lying alongside a vessel at the wharf, or lying off the wharf with a line attached thereto, or undergoing repairs, per ton per day or part of a day .. 0 0½
Minimum charge for vessel last mentioned.. .. 0 6
On all stone or shingle ballast landed on the wharf, per ton .. .. .. .. 0 6
On all other kinds of ballast, as per agreement.

F. W. FURBY,
Acting Clerk of the Executive Council.