2478
THE NEW ZEALAND GAZETTE.
[No. 70

Schedule hereto shall be charged and taken by the licensee for the use of the said wharf.

FIRST SCHEDULE.

1. THE concessions and privileges conferred by this Order in Council shall extend and apply only to the part of the foreshore and of the land below low-water mark necessary for the erection of such wharf which are shown on the plan marked M.D. 2746, and deposited in the office of the Marine Department as aforesaid.

2. In consideration of the concessions and privileges granted by this Order in Council the licensee shall, on being supplied with a copy thereof, pay to the Minister the sum of £2 10s., and thereafter an annual sum of £5 in advance, payable on the 1st day of April in each year; the proportionate part of such rental in respect of the period from the date hereof until the 31st March following to be paid on the licensee being supplied with a copy of this Order in Council.

3. All His Majesty's subjects shall at all reasonable times, upon payment of the proper dues, have free and full liberty to use the wharf, and all rights of ingress and egress thereon and therefrom.

4. 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 without payment.

5. The licensee shall maintain the above-mentioned wharf in good order and repair; and shall at all times exhibit therefrom, and maintain at his 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.

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

7. Nothing herein contained shall authorize the licensee 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 ballast of all vessels loading at the said wharf shall be taken away by the licensee, and deposited above high-water mark, or at such places as may be approved of by the Minister, or by any person appointed by the Minister for that purpose.

9. The rights, powers, and privileges conferred by or under this Order in Council shall continue in force for fourteen years from the 1st day of September, 1923, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the licensee shall not assign, charge, or part with any such right, power, or privilege without the written consent of the Minister first obtained.

10. The said rights, powers, and privileges may be at any time resumed by the Governor-General, and the licensee may be required to remove the wharf at the licensee's cost, without payment of any compensation whatever, on giving to the licensee 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 licensee.

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

12. In case the licensee 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 wharf for a period of thirty days;
    (3.) Become bankrupt, or be in any manner brought under the operation of any Act in force for the time being relating to bankruptcy; or
    (4.) Fail to pay the sums specified in clause 2 of these conditions,—
    then and in any 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 licensee 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 licensee, 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; and upon such revocation the Minister may cause the said wharf to be removed, and may recover the cost incurred by any such removal from the licensee.

13. 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.

SECOND SCHEDULE.

BERTHAGE.

For each day or part of a day that a vessel occupies a berth at the wharf, or alongside another vessel lying at the wharf, or lies off the said wharf with a line attached thereto, per ton of registered tonnage: 2d.

WHARFAGE.

For every passenger landed on or shipped from the said wharf .. .. .. .. s. d. 1 0
For goods, &c., landed on or shipped from the said wharf (to be charged by weight or measurement at the option of the licensee):—
General cargo, incoming or outgoing (with the exceptions hereinafter mentioned), per ton or part of a ton .. .. .. .. 2 6
Cattle or horses, each .. .. .. 2 6
Cattle, each, under one year old .. .. 1 0
Sheep .. .. .. .. 0 6
Provided that if any cargo is loaded or discharged after the usual working-hours or on wharf holidays, and in the opinion of the licensee it is necessary to employ labour to stack or remove cargo in sheds consequent on the loading or discharging of such cargo, the master of such ship discharging or loading goods or cargo as aforesaid shall pay per ton on all goods or cargo discharged or loaded .. .. .. 1 0

STORAGE.

Every person whose goods shall be stored in the shed or upon the wharf shall pay in respect of such goods and the storage thereof the following charges, that is to say:—
For every package or parcel:—
Not exceeding 30 lb. in weight, per day or part of a day .. .. .. s. d. 0 1
Exceeding 30 lb. but not exceeding 100 lb., per day or part of a day .. .. .. 0 2
Exceeding 100 lb. but not exceeding 5 cwt., per day or part of a day .. .. .. 0 3
Exceeding 5 cwt., per day or part of a day .. 0 6
Storage to be charged on the expiration of twelve hours after goods have been landed on the wharf.

C. A. JEFFERY,
Acting Clerk of the Executive Council.

Licensing the Rutherford Land Company, of Auckland, to occupy a Part of the Foreshore and Land below Low-water Mark in Man-of-War Bay, Waiheke Island, Hauraki Gulf, for the Purpose of taking Shingle and Sand.

JELLICOE, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 17th day of September, 1923.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, the Rutherford Land Company, of Auckland (hereinafter called “the company”), has applied to the Governor-General in Council for a license under the Harbours Act, 1908 (hereinafter called “the said Act”), to use and occupy a part of the foreshore and land below low-water mark in Man-of-War Bay, Hauraki Gulf, for the purpose of taking away the shingle and sand deposited thereon; and, in accordance with the provisions of the said Act, has deposited a plan in the office of the Marine Department at Wellington (marked M.D. 5707) showing the area of foreshore and land below low-water mark intended to be occupied for such purpose: And whereas it is desirable to grant the license applied for:

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