Sept. 2.] THE NEW ZEALAND GAZETTE. 1051

legally vested in any Harbour Board or other local governing
body, it may from time to time, subject to the provisions of
the one hundred and fifty-sixth section of "The Harbours
Act, 1878," license and permit any part of the foreshore to be
used or occupied, inter alia, for the erection and use of any
landing-place or wharf: And whereas by the said Act it is
also provided that every licensee shall, subject to the pro-
visions of the said Act, have power to make and construct any
necessary reclamation for the purpose of erecting on the fore-
shore comprised in his license, or upon any land below low-
water mark immediately contiguous to such foreshore which
shall be specified in such license, any building, structure,
erection, or other works to enable him to obtain the full
benefit of such license: And whereas by the said Act it is
further provided that every such license shall be in writing
under the seal of the Board or body granting the same, and
may be for any period not exceeding fourteen years from the
date thereof, and may prescribe a sum of money to be pay-
able either at stated periods or on or before the granting
thereof for the use of the foreshore so granted, and may pre-
scribe any other terms or conditions, general or particular, to
be observed or performed by the person to whom the same is
granted: And whereas by the said Act it is also enacted
that, in any case where there is no Harbour Board, or no
Harbour Board empowered to grant any such license as afore-
said, the Governor in Council may in his discretion grant and
issue a license for all or any of the purposes hereinbefore
mentioned, and all the provisions of the said Act in respect
of such licenses shall, mutatis mutandis, apply accordingly:
And whereas Alfred Buckland, of Auckland, has applied for
a license under the said Act to occupy a part of the foreshore
and the land below low-water mark on the Kaipara River,
Kaipara Harbour, in order to erect and maintain thereon
a wharf; and, in accordance with the one hundred and
fifty-sixth section of "The Harbours Act, 1878," has de-
posited plans in the office of the Marine Department, at
Wellington (marked M.D. 1236, 1237, and 1238), showing
the manner in which it is proposed to construct such
wharf, the place in the said river where it is intended
to erect the same, and the area of foreshore or land
below low-water mark intended to be occupied for such
purpose: And whereas it has been made to appear to the
Governor 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 in Council: And whereas there is no Har-
bour Board having jurisdiction in the said harbour, and it
is expedient that a license should be granted and issued to
the said Alfred Buckland under the said Act, for the pur-
pose aforesaid on the terms and conditions hereinafter ex-
pressed:

Now, therefore, the Governor of the Colony of New Zea-
land, 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 Alfred Buckland as aforesaid; and in
further pursuance and exercise of the said power and autho-
rity, and with the like advice and consent as aforesaid, doth
hereby license and permit the said Alfred Buckland to use
and occupy that part of the foreshore and of the land below
low-water mark which is particularly shown and delineated
on the plans so deposited as aforesaid, for the purpose of
constructing or erecting thereon a wharf, such license to be
held and enjoyed by him 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 erection of such wharf, which are shown on the said
   plans marked M.D. 1236, 1237, and 1238.

2. In consideration of the concessions and privileges granted
   by this Order in Council, the said Alfred Buckland shall, on
   being supplied with a copy thereof, pay to the Minister the
   sum of five pounds, and thereafter an annual sum of one
   pound, dating from the thirty-first day of December, one
   thousand eight hundred and eighty-six, the first of such
   yearly payments to be made on a copy of this Order in
   Council being supplied to the said Alfred Buckland, and
   thereafter such annual payments to be made on the thirty-
   first day of December.

3. The said Alfred Buckland shall maintain the above-
   mentioned wharf in good order and repair; and shall at all
   times exhibit therefrom, and maintain at his own cost, suit-
   able and necessary lights for the guidance of vessels: Pro-
   vided that no light shall be exhibited until after it has been
   approved of by the Minister.

4. Any person authorized by the Minister may, at all
   reasonable times, enter upon the said wharf and view the
   state of repairs thereof; and upon such Minister leaving at
   or posting to the last known address of the said Alfred
   Buckland a notice in writing of any defect or want of repair
   in such wharf, requiring him, within a reasonable time to be

therein prescribed, to repair the same, he shall with all con-
venient speed cause such defect to be removed or such re-
pairs to be made.

5. That nothing herein contained shall authorize the said
   Alfred Buckland to do or cause to be done anything repugnant
   to or inconsistent with any law relating to the Customs,
   or any regulation of the Commissioner of Trade and Cus-
   toms, or with any provisions of "The Harbours Act, 1878,"
   or its amendments, or any regulations made thereunder, and
   that are now or may hereafter be in force.

6. That the ballast of all vessels loading at the said wharf
   shall be taken away by the said Alfred Buckland and de-
   posited above high-water mark, or at such place as may be
   approved of by the Minister or by the Harbourmaster at
   Kaipara.

7. 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 Alfred Buckland shall not assign, charge, or part
   with any such right, power, or privilege without the previous
   written consent of the Minister first obtained.

8. That the said rights, powers, and privileges may be
   at any time resumed by the Governor, without payment
   of any compensation whatever, on giving to the said Alfred
   Buckland six 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
   said Alfred Buckland.

9. The said Alfred Buckland shall be liable for any injury
   which the said wharf may cause any vessel or boat to sustain
   through any default or neglect on his part.

10. In case the said Alfred Buckland 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;
    (3.) Fail to pay the sums 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 either of the said cases this Order in Council, and
    every right, power, or privilege, may be revoked and deter-
    mined by the Governor in Council without any notice to
    the said Alfred Buckland or other proceeding whatsoever, and
    publication in the New Zealand Gazette of an Order in Coun-
    cil containing such revocation shall be sufficient notice to
    the said Alfred Buckland, and to all persons concerned or
    interested, that this Order in Council, and the rights and
    privileges thereby conferred, have been revoked and de-
    termined.

11. 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.

*Regulations under "The New Zealand State Forests Act,
1885."

Wm. F. DRUMMOND JERVOIS,
Governor.*

ORDER IN COUNCIL.

At the Government House, at Wellington, this first day
of September, 1886.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

IN exercise and pursuance of the powers and authorities
conferred by "The New Zealand State Forests Act,
1885," 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 make the regulations contained in
the First and Second Schedules hereto; and, with the like
advice and consent, I do further declare that these regula-
tions shall come into force and take effect on and after the
first day of October, one thousand eight hundred and eighty-
six.

FIRST SCHEDULE.
GENERAL REGULATIONS.

1. Every State forest shall be surveyed, and the boundaries
   thereof duly marked upon the ground before any unalienated
   Crown lands adjoining thereto shall be sold or otherwise
   disposed of.

2. Where it shall be necessary to grant to any licensee or
   other person authorized to cut and remove timber, bark, or
   wood for fuel from any State forest any right or rights of way