1036

Licensing the Rakiura Sawmilling Company (Limited) to use and occupy a Part of the Foreshore and Land below Low-water Mark of Maori Beach, Port William, Stewart Island, as a Site for a Wharf and Tramline.

JELLICOE, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 17th day of April, 1924.
Present:
THE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING IN COUNCIL.
WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned under the Harbours Act, 1923 (hereinafter called "the said Act"), the Rakiura Sawmilling Company (Limited), (hereinafter called "the company"), has applied to the Governor-General in Council for a license under the said Act to use and occupy a part of the foreshore and land below low-water mark of Maori Beach, Port William, Stewart Island, in order to erect and maintain a wharf and tramline thereon; and, in accordance with the one-hundred-and-seventy-first section of the said Act, has deposited a plan in the office of the Marine Department at Wellington (marked M.D. 5792, sheets 1 and 2), showing the area of foreshore and land below low-water mark intended to be occupied, and the manner in which it is proposed to erect the said wharf and tramline:
And whereas it has been made to appear to the Governor-General 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-General in Council:
And whereas it is expedient that a license should be granted and issued to the company under the said Act, for the purposes 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 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 on which the said wharf and tramline are to be erected, as shown on the plan M.D. 5792 so deposited as aforesaid, for the purpose of erecting and maintaining the said wharf and tramline; such license to be held and enjoyed by the company upon and subject to the terms and conditions set forth in the Schedule hereto.
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 the said wharf and tramline, as shown on the plan marked M.D. 5792, and deposited in the office of the Marine Department as aforesaid.
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 £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 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 tramline and all rights of ingress and egress thereon and therefrom.
5. His Majesty or the Governor-General, and all persons 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 tramline without payment.
6. The company shall maintain the above-mentioned wharf and tramline in good order and repair; and shall at all times exhibit therefrom, and maintain at the company's 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. Any person authorized by the Minister may, at all reasonable times, enter upon the said wharf and tramline 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 tramline, requiring the company within a reasonable time, to be therein prescribed, to repair the wharf and tramline, the company shall with all reasonable speed cause such defect to be removed or such repairs to be made.
8. 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, 1923, or its amendments, or any regulations made thereunder, and that are now or may hereafter be in force.
9. The ballast of all vessels loading at the said wharf and tramline 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.
10. The rights, powers, and privileges conferred by or under 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 written consent of the Minister first obtained.
11. The said rights, powers, and privileges may be at any time resumed by the Governor-General, and the company may be required to remove the wharf and tramline at the company's 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 registered office of the company in New Zealand.
12. The company shall be liable for any injury which the said wharf and tramline may cause any vessel or boat to sustain through any default or neglect on the company's part.
13. 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 wharf and tramline 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 any 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-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; and upon such revocation the Minister may cause the said wharf and tramline to be removed, and may recover the cost incurred by any such removal from the company.
14. The erection of the said wharf and tramline shall be sufficient evidence of the acceptance by the company of the terms and conditions of this Order in Council.
    F. D. THOMSON,
    Clerk of the Executive Council.

Licensing Ferdinand Michael Righton to use and occupy a Part of the Foreshore and Land below Low-water Mark on the Wairoa River, Kaipara Harbour, as a Site for a Wharf.

JELLICOE, Governor-General.
ORDER IN COUNCIL.
At the Government Buildings at Wellington, this 17th day of April, 1924.
Present:
THE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING IN COUNCIL.
WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned under the Harbours Act, 1923 (hereinafter called "the said Act"), Ferdinand Michael Righton, of Hoanga (hereinafter called "the licensee"), has applied to the Governor-General in Council for a license under the said Act to use and occupy a part of the foreshore and land below low-water mark on the Wairoa River, Kaipara Harbour, in order to erect and maintain a