124

THE NEW ZEALAND GAZETTE.

[No. 2

Licensing the Northern Wairoa Co-operative Dairy Company
(Limited) to use and occupy a Part of the Foreshore and
Land below Low-water mark at Mangawhare, Northern Wairoa
River, as a Site for a Wharf and Coal-bins.

JELLICOE, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 16th day of
January, 1922.
Present:

His Excellency The Governor-General in Council.
WHEREAS, there being no Harbour Board empowered
to grant the license hereinafter mentioned under the
Harbours Act, 1908 (hereinafter called "the said Act"),
the Northern Wairoa Co-operative Dairy Company (Limited),
of Mangawhare, Northern Wairoa (hereinafter called "the
company"), has applied to the Governor-General in Council
for a license under the said Act to occupy a part of the foreshore and land below low-water mark at Mangawhare, Northern
Wairoa, in order to erect and maintain a wharf and coal-
bins thereon, and, in accordance with the one hundred and
fiftieth section of the said Act, has deposited plans in the
office of the Marine Department at Wellington, marked
M.D. 3104, 4701, 3518, and 5206, showing the area of fore-
shore and land below low-water mark intended to be occupied,
and the manner in which it is proposed to erect the wharf
and coal-bins:
And whereas the Governor-General in Council has approved
of the purpose for which the said foreshore and land below
low-water mark is to be occupied:
And whereas it is expedient that a license should be granted
and issued under the said Act, for the purpose aforesaid, on
the terms and conditions hereinafter expressed:
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 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 wharf and coal-
bins are to be erected, as shown on the plans so deposited as
aforesaid, for the purpose of maintaining and erecting the
said wharf and coal-bins, 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, in further
pursuance of the power conferred upon him by the said Act,
and of all other powers enabling him in that behalf, and with
the like advice and consent, His Excellency the Governor-
General of the Dominion of New Zealand doth hereby make
the regulations for the said wharf, and prescribe that the
dues and rates set forth in the Second Schedule hereto shall
be taken by the company for the use of the said wharf.

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 that part of the
   foreshore and land below low-water mark occupied by the
   wharf and coal-bins, as shown on plans marked M.D. 3104,
   4701, 3518, and 5206.

3. In consideration of the concessions and privileges granted
   by this Order in Council the company shall pay to the Minister
   the sum of £2 10s., and thereafter an annual sum of £4 in
   advance, such annual payments to date 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 all rights of ingress and egress thereon and there-
   from.

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, over, and out of the said wharf and coal-bins
   without payment.

6. The company shall maintain the above-mentioned wharf
   and coal-bins in good order and repair; and shall at all times
   exhibit therefrom, and maintain at its own cost, suitable and
   necessary lights for 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 coal-bins
   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 wharf and coal-bins, 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.

8. The company shall appoint all wharfingers and other
   officers and servants required for the management and working of the said wharf.

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 regulation
   made thereunder, and that are now or may hereafter be in
   force.

10. The ballast of all vessels loading at the said wharf
    and coal-bins 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
    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.

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 six
    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 wharf or coal-bins may cause any vessel or boat to
    sustain through any default or neglect on the company's
    part.

14. In case the company shall-
    (1.) Commit or suffer a breach of the conditions here-
    before set forth, or any of them;
    (2.) Cease to use or occupy the said wharf and coal-bins
    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, and privilege, may be revoked
    and determined by the Governor-General 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.

15. The erection of the wharf and coal-bins shall be sufficient evidence of the acceptance by the company of the terms
    and conditions of this Order in Council.

SECOND SCHEDULE.
REGULATIONS.-WHARFAGE FEES AND DUES.
l. In these regulations, if not inconsistent with the context,-
"Company" means the Northern Wairoa Co-operative
Dairy Company (Limited):
"Boat" means and includes any open, decked, or half-
decked boat used for the purpose of business or
pleasure, and in which the means of propulsion are
either wholly or partly manual, or steam, or oil
power:
"Vessel" means and includes every ship of whatsoever
size and rig, although the same may not be included in the term "boat":
"Cream-boat" means the steamer carrying the cream
for delivery to the dairy company:
"Master" means and includes the person actually in
charge of any vessel, whether or not he is certified:
"Wharf" has the same meaning as in the Harbours
Act, 1908:
"Wharfinger" includes every person actually in charge
of the wharf for the time being.
2. (1.) In the absence of any special regulations to the
contrary, the time any vessel shall be permitted to occupy