3132

THE NEW ZEALAND GAZETTE.
No. 78

Licensing the Island Bay (Birkdale) Progressive League (Incorporated) to use and occupy a Part of the Foreshore and Land below Low-water Mark at Island Bay, Birkdale, Auckland Harbour, as a Site for a Wharf and Extension, and prescribing Dues for its Use.

CHARLES FERGUSSON, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 28th day of October, 1925.

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, 1923 (hereinafter called "the said Act"), the Island Bay (Birkdale) Progressive League (Incorporated) (who with its successors and assigns is hereinafter referred to as "the society") 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 at Island Bay, Birkdale, Auckland Harbour, in order to erect and maintain a wharf and an extension thereof thereon; and, in accordance with the one-hundred-and-seventy-first section of the said Act, has deposited plans in the office of the Marine Department at Wellington (marked M.D. 4111 and 5959), 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 extension;

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 plans have, 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 society 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 society 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 society to use and occupy that part of the foreshore and land below low-water mark on which the said wharf and extension are to be erected, as shown on the plan M.D. 4111 and 5959 so deposited as aforesaid, for the purpose of erecting and maintaining the said wharf and extension; such license to be held and enjoyed by the society upon and subject to the terms and conditions set forth in the First Schedule hereto; and doth prescribe that the dues and rates set forth in the Second Schedule hereto shall, as from the date hereof, be charged and taken for the use of the said wharf and extension.

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 land below low-water mark necessary for the erection of the said wharf and extension as shown on the plans marked M.D. 4111 and 5959 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 society shall pay to the Minister an annual sum of 1s., payable on demand.

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 extension 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 duties, shall at all times have free ingress, passage, and egress into, through, over, and out of the said wharf and extension without payment.

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

8. Nothing herein contained shall authorize the society 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 extension shall be taken away by the society 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 society 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 society may be required to remove the wharf and extension at the society's own cost, without payment of any compensation whatever, on giving to the society 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 society in New Zealand.

12. The society shall be liable for any injury which the said wharf and extension may cause any vessel or boat to sustain through any default or neglect on the society's part.

13. In case the society 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 extension 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 society or other proceedings whatever; and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to the society, 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.

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 society shall, if required by the Minister so to do, remove the said wharf and extension 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 society fail so to do, the Minister may cause the said wharf and extension to be removed and the site so restored, and may recover the costs incurred by the said removal and restoration from the society.

15. The occupation of the said wharf and extension shall be sufficient evidence of the acceptance by the society of the terms and conditions of this Order in Council.

SECOND SCHEDULE.

DUES AND RATES.

Wharfage.

On each small boat or launch anchored or moored near the wharf or fastened thereto by a line or chain, per annum, in advance ... £ s. d. ... 0 10 0 On each regular trading-vessel occupying a berth alongside the said wharf, per quarter ... 1 10 0 On each excursion boat or casual trader lying alongside the wharf, per day or part of a day ... 0 3 0 For use of truck, per trip ... 0 0 3 For each passenger landing on the wharf, or leaving the wharf, not more than ... 0 0 3

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