DEC. 18.]

Licensing Edward Glenlivet Elliot and Frederick Waller to use
and occupy a Part of the Foreshore and Land below Low-water
Mark of Tamaki River, Auckland Harbour, as a Site for a
Wharf, and prescribing Dues for the Use thereof.

BLEDISLOE, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 12th day of
December, 1930.
Present :
His Excellency The Governor-General In Council.
WHEREAS by Order in Council dated the twenty-second
day of November, one thousand nine hundred and
fifteen, and published in the New Zealand Gazette, No. 135, of
the twenty-fifth day of the same month, Edward Glenlivet
Elliot, and Frederick Waller, of Auckland (who, with their
executors, administrators, and assigns, are hereinafter referred
to as “the licensees”) were licensed to use and occupy, for a
period of fourteen years, computed from the twenty-second day
of November, one thousand nine hundred and fifteen, part of
the foreshore and land below low-water mark of Tamaki River,
Auckland Harbour, in order to erect and maintain thereon a
wharf in accordance with plan marked M.D. 4495, and deposited
in the office of the Marine Department at Wellington:
And whereas the licensees have applied for a fresh license
under the Harbours Act, 1923 (hereinafter called “the said
Act”), and it is advisable to grant the same:
Now, therefore, His Excellency the Governor-General of the
Dominion of New Zealand, in pursuance and exercise of the
power and authority conferred upon 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
licensees 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
licensees to use and occupy that part of the foreshore which
is particularly shown and delineated on the plan M.D. 4495,
so deposited as aforesaid, for the purpose of maintaining
thereon a wharf erected in accordance with the said plan, such
license to be held and enjoyed by the licensees upon and
subject to the terms and conditions set forth in the First
Schedule hereto, and doth hereby prescribe that the dues and
rates specified in the Second Schedule hereto shall be taken
and charged by the licensees for the use of the said wharf.

FIRST SCHEDULE.

1. In these conditions and terms—
   “Foreshore” means such part 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 that part of the
   foreshore occupied by the said wharf as shown on the plan
   marked M.D. 4495.
3. In consideration of the concessions and privileges granted
   by this Order in Council the licensees shall pay to the Minister
   the sum of £1, and thereafter an annual sum of £1 in advance,
   payable on the 1st day of April each year.
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, and out of the said wharf without payment.
5. All persons shall, at all reasonable times, and upon
   payment of the prescribed dues, have free and full liberty to
   use the said wharf, and all rights of ingress and egress thereon
   and therefrom.
6. The licensees shall maintain the above-mentioned wharf
   in good order and repair, and shall at all times exhibit there-
   from, 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 by
   the Minister.
7. Any person authorized by the Minister may at all reason-
   able 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
   B
   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 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 there-
   under, 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 fourteen years
    from the twenty-second day of November, one thousand nine
    hundred and twenty-nine, 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 the
    said wharf may cause any vessel or boat to sustain through
    any default or neglect on the licensees' part.
13. In case the licensees shall—
    (1) Commit or suffer a breach of the conditions hereinafter
    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 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 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 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, 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 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 the 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.
SHIPPING WHARFAGE.
Every person who shall use the said wharf with any vessel
shall pay for the use thereof as follows, that is to say:—
For every vessel a sum of Id. per ton on the net 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 off the said wharf
with a line attached thereto.

Goods Wharfage.
Every person who shall use the said wharf for landing or
shipping any goods shall, before using the same, pay dues as
follows, that is to say:—

1. For all goods landed on the said wharf, a rate of 2s. 6d.
   per ton weight or measurement, at the option of the licensees.
2. For every head of cattle or horses landed upon or shipped
   from the said wharf, 2s. 6d. per head.
3. For every yearling or calf so landed upon or shipped
   from the said wharf, the sum of ls. per head.
4. For every head of sheep or small cattle so landed upon or
   shipped from the said wharf, the sum of 6d. per head.
5. If any ship shall use the said wharf for the discharge of
   any goods or cargo after the usual working-hours or on wharf
   holidays, such ship shall pay to the licensees for the use of the
   said wharf a charge at the rate of ls. per ton on all goods or
   cargo so discharged from such ship.