Ост. 10.]

THE NEW ZEALAND GAZETTE.

1039

of the said Act in respect of such licenses shall, mutatis
mutandis, apply accordingly: And whereas there being no
Harbour Board empowered to grant the license hereinafter
mentioned, the New Brighton Pier Company (Limited), of
Christchurch (hereinafter called "the company"), has
applied to the Governor in Council for a license under the
said Act to occupy a part of the foreshore and the land
below low-water mark immediately contiguous to such fore-
shore at New Brighton, in the Provincial District of Canter-
bury, 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 deposited plans in the
office of the Marine Department, at Wellington (marked
M.D. 1538, five sheets), showing the manner in which it is
proposed to construct such wharf, the place where it is in-
tended to erect the same, and the area of foreshore or land
below low-water mark intended to be occupied for such pur-
pose: 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, without modification or addition:
And whereas it is expedient that a license should be granted
and issued to the company under the said Act, for the pur-
pose aforesaid, on the terms and conditions hereinafter ex-
pressed:

Now, therefore, His Excellency 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 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 colony, doth hereby approve of the purpose or object
for which the said license is required by the company 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 company 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 constructing or erecting
thereon a wharf, such license to be held and enjoyed by the
company upon and subject to the following terms and con-
ditions, 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, as shown on the plan marked
   M.D. 1538 (sheet No. 15), and deposited in the office of the
   Marine Department as aforesaid.

2. In consideration of the concessions and privileges
   granted by this Order in Council the company shall, on being
   supplied with a copy thereof, pay to the Minister the sum of
   five pounds, and thereafter an annual sum of five pounds
   payable on the first day of October, dating from the first day
   of October, one thousand eight hundred and eighty-nine.

3. All Her Majesty's subjects shall at all reasonable times,
   upon payment of the proper dues, have free and full liberty
   to use the wharf, and all rights of ingress and egress thereon
   and therefrom.

4. That Her Majesty, or the Governor, 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 wharf without payment.

5. The company shall complete the erection of the wharf,
   in accordance with the approved plans marked M.D. 1538
   (five sheets), within eighteen calendar months from the date
   of this Order in Council.

6. The company shall maintain the above-mentioned wharf
   in good order and repair; and shall at all times exhibit
   therefrom, and maintain at its own cost, suitable and neces-
   sary 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 authorised by the Minister may, at all rea-
   sonable times, enter upon the said wharf and view the state
   of repairs thereof; and that upon such Minister leaving at
   or posting to the last known address of the company a notice
   in writing of any defect or want of repair in such wharf,
   requiring the company within a reasonable time, to be therein
   prescribed, to repair the same, it shall with all convenient
   speed cause such defect to be removed or such repairs to be
   made.

8. Nothing herein contained shall authorise the company
   to do or cause to be done anything repugnant to or incon-
   sistent with any law relating to the Customs, or any regula-
   tion of the Commissioner of Trade and Customs, 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.

9. The rights, powers, and privileges conferred by or under
   this Order in Council shall continue in force for fourteen
   years, unless in the meantime such rights, powers, and privi-
   leges shall be altered, modified, or revoked by competent
   authority; and the company shall not assign, charge, or part
   with any such right, power, or privilege without the previous
   written consent of the Minister first obtained.

10. 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 company 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 company.

11. The company shall be liable for any injury which the
    said wharf may cause any vessel or boat to sustain through
    any default or neglect on its part.

12. In case the company 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.) Be in any manner wound up or dissolved; or,
    (4.) Fail to pay the sums specified in clause two 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 in Council without any notice to
    the company or other proceeding whatsoever; and publica-
    tion in the New Zealand Gazette of an Order in Council
    containing such revocation shall be sufficient notice to the
    company, 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 deter-
    mined.

13. In these conditions the term "Minister" means the
    Minister having charge of the Marine Department, as defined
    by "The Shipping and Seamen's Act, 1887," and includes
    any officer, person, or authority acting by or under the direc-
    tion of such Minister.

ALEX. WILLIS,
Clerk of the Executive Council.

Removal of Restrictions on Alienation of Native Land.

ONSLOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this second day
of October, 1889.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS application has been made to the Governor
in Council by Ihikiere Waikapooriki and Nakora
te Manuikerioi, the Native owners of the land described in
the second column of the Schedule hereto, praying that the
restrictions on the alienation of such lands contained in the
certificate of title, bearing date the fourteenth day of Septem-
ber, one thousand eight hundred and eighty-nine, described
in the first column of the said Schedule, may be removed:
And whereas it appears expedient to grant such application:

Now, therefore, His Excellency the Right Honourable
William Hillier, Earl of Onslow, the Governor of the Colony
of New Zealand, in pursuance and exercise of the powers
conferred on him by "The Native Land Act, 1888," and
acting with the advice and consent of the Executive Council
of the said colony, doth hereby order and declare that all
restrictions imposed by the said certificate of title on the
alienation of the said lands are hereby removed.

ALEX. WILLIS,
Clerk of the Executive Council.

SCHEDULE.

tember, 1889, issued by the District Land Registrar for the Land Registration Dis-
trict of Wellington, in favour of Nakora and Ihikiere, and containing the following re-
striction: "Inalienable by sale or mortgage, or by lease beyond twenty-one years." | All that parcel of land in the City of Wellington, being Section 43 on the plan of the Native Land Court sub-
division of Polhill's Gully Native Reserve, containing 2 roods 36 perches. |