2992

THE NEW ZEALAND GAZETTE.

and eighteen, and dues and rates were prescribed for the use
of the said wharf:

And whereas Leslie James Rattenbury has left the district
and Sidney Southcott has been appointed to act with the said
Thomas Benjamin Waters as trustees for the inhabitants
of the district:

And whereas the said license has expired and the said
Thomas Benjamin Waters and Sidney Southcott as trustees
for the inhabitants of the district (who with their executors,
administrators, and assigns are hereinafter called "the
licensees") have made application for a fresh license under
the Harbours Act, 1923 (hereinafter called "the said Act"),
for a further term of seven years, computed from the expiry
of the term of the said last-mentioned license, and it is ex-
pedient to grant the same for the term and subject to the
conditions hereinafter expressed:

Now, therefore, His Excellency the Governor-General
of the Dominion of New Zealand, in pursuance and ex-
ercise 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 by and with the like advice and consent as
aforesaid, doth hereby license and permit the licensees to
use and occupy that part of the foreshore, and of the land
below low-water mark immediately contiguous thereto, which
is particularly shown and delineated on the plans so deposited
as aforesaid, for the purpose of using the wharf aforesaid
in connection therewith, such license to be held and enjoyed
by the licensees upon and subject to the terms and conditions
set out in the First Schedule hereto, and doth prescribe that
the dues and rates set forth in the Second Schedule hereto
shall be charged and taken by the licensees for the use of
the said wharf.

FIRST SCHEDULE.

1. In these conditions the term—
   "Foreshore" means such parts of the bed, shore, or banks
   of a tidal water as are covered and uncovered by the
   flow and ebb of the tide at ordinary spring tides:
   "Low-water mark" means low-water mark at ordinary
   spring tides:
   "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 the land below low-water mark adjacent thereto
   necessary for the maintenance of the wharf, as shown between
   Points C and D on sheet 1 of the plan marked M.D. 3393
   and deposited in the office of the Marine Department as afore-
   said.

3. In consideration of the concessions and privileges granted
   by this Order in Council the licensees shall pay to the Minister
   the sum of £2 10s., and thereafter an annual sum of £1 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 11th day of March, 1925, to the 31st day of March,
   1925, to be paid on the licensees 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, and out of the said wharf, without payment.

6. The licensees shall maintain the said wharf in good
   order and repair; and shall at all times exhibit therefrom,
   and maintain at the licensees' 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 view the
   state of repair thereof; and upon such Minister leaving at
   or posting to the last known address of the licensees in New
   Zealand a notice in writing of any defect or want of repair
   in such wharf, requiring the licensees within a reasonable
   time, to be therein prescribed, to repair the same, the licensees
   shall with all convenient speed cause such defect to be removed
   or such repairs to be made.

8. Nothing herein contained shall authorize the licensees
   to do or cause to be done anything repugnant to or inconsis-

tent with any law relating to the Customs, or any regulations
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 shall
   be taken away by the licensees 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 the term of
    seven years, computed from the 11th day of March, 1925,
    unless in the meantime such rights, powers, and privileges
    shall be altered, modified, or revoked by competent authority;
    and the licensees shall not assign, charge, or part with any
    such right, power, or privilege without the previous written
    consent of the Minister first obtained.

11. 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 licensees 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 licensees in New
    Zealand.

12. The licensees shall be liable for any injury which any
    structure on the said premises may cause any vessel or boat
    to sustain through any default or neglect on the part of the
    licensees.

13. In case the licensee shall—
    (1.) Commit or suffer a breach of the conditions herein-
    before 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 law for the time being in force
    relating to bankruptcy; or
    (4.) Fail to pay the sums specified in clause 3 of these
    conditions,—
    then and in any such case 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 licensees 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 licensees and to all persons concerned
    or interested, that this Order in Council, and the license,
    right, and privileges thereby granted and conferred, have
    been revoked and determined.

14. In the event of this Order in Council being revoked for
    any reason whatsoever, or upon the expiry of the period for
    which the license is granted, the licensees shall, if required
    by the Minister so to do, remove the said wharf entirely
    from the site and restore the site to its original condition
    within three months from the date of revocation or expiry, as
    the case may be; and if the licensees fail so to do, the
    Minister may cause the said wharf to be removed and the site
    so restored, and may recover the costs incurred by the said
    removal and restoration from the licensees.

SECOND SCHEDULE.

LIST OF GOODS TO BE CHARGED AT PER TON WHARFAGE
ON WEIGHT OR MEASUREMENT.

Shipping Wharfage.

1. EVERY person who shall use the wharf with any vessel
   shall pay to the trustees for the use thereof as follows, that-
   is to say:—
   For every vessel a sum of 2d. per ton on the gross
   tonnage of such vessel per day for each day or part of
   a day a vessel shall occupy a berth alongside any
   vessel lying at the said wharf, or shall lie at the said
   wharf undergoing repairs or fitting out only, or shall
   lie at the said wharf with a line attached thereto.
   If any ship shall use this wharf for the discharge of any
   goods or cargo after the usual working-hours or on wharf
   holidays, such ship shall pay to the trustees for the use of
   the said wharf a charge at the rate of 1s. per ton on all goods
   or cargo so discharged from such ship.

Goods Wharfage.

2. Every person who shall use the wharf for landing or
   shipping any goods shall, before using the same, pay to the
   trustees dues as follows, that is to say:—
   For all goods landed on this wharf, a rate of 2s. 6d. per
   ton weight or measurement, at the option of the
   wharfinger. Minimum charge, 6d.
   For every head of cattle or horses landed upon or
   shipped from the said wharf, 2s. 6d. per head.