794
THE NEW ZEALAND GAZETTE.
[No. 60

Now, therefore, the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority vested in him by the said Act, and with the advice and consent of the Executive Council of the said colony, doth hereby approve of the purpose or object for which the said license is required by the said Robert Blair 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 said Robert Blair to use and occupy those parts of the foreshore and of the land below low-water mark immediately contiguous thereto which are particularly shown and delineated on the plans so deposited as aforesaid, for the purpose of constructing or erecting thereon a boom for confining any floating timber of any kind or description whatsoever belonging to or under the control of the said Robert Blair, such license to be held and enjoyed by the said Robert Blair upon and subject to the following terms and conditions, that is to say,——

1. The concessions and privileges conferred by this Order in Council shall extend and apply only to the parts of the foreshore and of the land below low-water mark necessary for the construction of a boom across the Hikutaia River, which is shown on the said plans marked 910 and 911.

2. In consideration of the concessions and privileges granted by this Order in Council, Robert Blair shall, on being supplied with a copy thereof, pay to the Minister the sum of five pounds, and thereafter an annual sum of two pounds, in respect of such boom, to be paid in two half-yearly instalments on the thirtieth day of June and the thirty-first day of December, the first of such half-yearly payments to be made on the thirty-first day of December next ensuing.

3. On the master or owner of any vessel or boat notifying to Robert Blair, or his agent, manager, or any other person who appears to have the charge or management of his affairs at the Thames or on the Hikutaia River, that such master or owner desires to take his vessel or boat past the boom, the said Robert Blair shall forthwith provide, free of expense to the vessel or boat, a sufficient number of men to work the movable part of the boom, so that the vessel or boat may pass through without delay.

4. Should it at any time become necessary for the convenience of the traffic on the Hikutaia River that the opening in the boom should be wider than shown on plan marked M.D. 911, the Minister may, by a notice in writing left at the last known address of Robert Blair, require him to provide an opening of the width specified in such notice, and he shall thereupon, with all convenient speed, cause such opening to be made.

5. That the rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years, computed from the date of this Order in Council, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the said Robert Blair shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

6. That the said rights, powers, and privileges may be at any time resumed by the Governor, and Robert Blair may be required to remove the boom from the Hikutaia River, and the bed thereof, at his own cost, without payment of any compensation whatever, on giving to Robert Blair three calendar months’ previous notice in writing. Any such notice shall be sufficient if given by the Minister, and delivered at the last known address of Robert Blair.

7. Robert Blair shall be liable for any injury which may be sustained by any vessel or boat in passing through the boom, or by contact with it, and which may be occasioned by any default or neglect of his.

8. In case the said Robert Blair 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 boom;
   (3.) Fail to pay the sum specified in clause two of these conditions; or
   (4.) Become bankrupt or be in any manner brought under the operation of any Act for the time being in force relating to bankruptcy,
   then and in any of the said cases this Order in Council and every right, power, or privilege may be revoked and determined by the Governor in Council without any notice to the said Robert Blair or other proceeding whatsoever, and publication in the New Zealand Gazette of an Order in Council containing such revocation shall be sufficient notice to Robert Blair, and to all persons concerned or interested, that this Order in Council and the rights and privileges thereby conferred have been revoked and determined; and upon such revocation the Minister may cause the said boom, and all other erections or buildings thereto belonging, to be removed, and may recover the cost incurred by any such removal from Robert Blair, or his legal or personal representatives.

9. In these conditions the term “Minister” means the Minister having charge of the Marine Department, as defined by “The Shipping and Seamen’s Act, 1877,” and includes any officer, person, or authority acting by or under the direction of such Minister.

FORSTER GORING,
Clerk of the Executive Council.

———

Native Land taken for Portion of Puatahi-West Coast Road.

Wm. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-fifth day of April, 1884,

Present:

THE HONOURABLE THE MINISTER FOR NATIVE AFFAIRS PRESIDING IN COUNCIL.

IN pursuance and in exercise of the powers vested in him by “The Public Works Act, 1882,” and of all other powers in anywise enabling him in this behalf, His Excellency Sir William Francis Drummond Jervois, the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, doth hereby order that the Government work known as the portion of the Puatahi-West Coast Road shall and may be constructed on or through the parcel of land more particularly described in the Schedule hereto, and delineated in the plan marked P.W.D. 11302, deposited in the office of the Minister for Public Works, at Wellington, in the Provincial District of Wellington, in the said colony.

SCHEDULE.

All that road-line, of an average width of 100 links, intersecting the Puatahi Native Reserve, Hoteo Block, Tauhoa Survey District, Provincial District of Auckland, and containing approximately 13 acres 2 roods, more or less, commencing at a point on the south-eastern boundary of the Puatahi Native Reserve aforesaid distant 5150 links from the Hoteo River, and running thence in a north-westerly direction, 2500 links; thence running in a north-easterly direction through the Puatahi Native Settlement, 11000 links, to the Hoteo Bridge: be all the above areas and linkages either more or less; as the same is more particularly delineated upon the plan marked P.W.D. 11302, deposited in the office of the Minister for Public Works, at Wellington, in the Provincial District of Wellington.

FORSTER GORING,
Clerk of the Executive Council.

———

Vesting a Reserve in Canterbury.

Wm. F. DRUMMOND JERVOIS,
Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this second day of May, 1884.

Present:

THE HONOURABLE THE PREMIER PRESIDING IN COUNCIL.

WHEREAS the land mentioned in the Schedule hereto was reserved for planting purposes in connection with the protection of the bank of the Waimakariri River: And whereas, in the opinion of the Governor, it is expedient to vest the said land in the Board of Conservators of the South Waimakariri District:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, by and with the advice and consent of the Executive Council of the said colony, and in exercise of the powers and authorities vested in him by the fourth section of “The Public Reserves Act, 1881,” doth hereby declare that, from and after the day of the date hereof, the said reserve, mentioned in the Schedule hereto, shall become vested in the Board of Conservators of the South Waimakariri District, in trust, for the improvement and protection of the banks of the Waimakariri River.

SCHEDULE.

CANTERBURY.

FORSTER GORING,
Clerk of the Executive Council.