324
THE NEW ZEALAND GAZETTE.
[No. 11

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 Board 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 Board 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 Board.

11. The Board shall keep a separate account of the receipts
    and expenditure on account of the wharf, and shall appoint
    all officers necessary for the control and management of the
    wharf.

12. The Board 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.

13. In case the Board shall—
    (1.) Commit or suffer a breach of the conditions herein-
    before set forth, or any of them; or
    (2.) Cease to use or occupy the said wharf for a period
    of thirty days,
    then and in either 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 Board or other proceeding whatsoever; and pub-
    lication in the New Zealand Gazette of an Order in Council
    containing such revocation shall be sufficient notice to the
    Board, 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    thereby granted and conferred, have been revoked and de-
    termined.

ALEX. WILLIS,
Clerk of the Executive Council.

Dues and Rates for Kauri Timber Company’s Wharves at Te
Koporu, Kaipara.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventeenth
day of February, 1896.

Present:

His Excellency the Governor in Council.

WHEREAS by Order in Council dated the twenty-first
day of December, one thousand eight hundred and
ninety-five, the Kauri Timber Company (Limited) was
licensed to use and occupy a part of the foreshore and of the
land below low-water mark at Te Koporu, in Kaipara Har-
bour, for the purpose of erecting thereon wharves in accord-
ance with plan marked M.D. 2038:

And whereas it is desirable that dues and rates should be
prescribed for the use of the said wharves:

Now, therefore, His Excellency the Governor of the
Colony of New Zealand, acting by and with the advice and
consent of the Executive Council of the said colony, and in
pursuance and exercise of the power and authority conferred
by “The Harbours Act, 1878,” and the amendments thereof,
and of all other powers and authorities enabling him in this
behalf, doth hereby prescribe that the dues and rates speci-
fied in the Schedule hereto shall be charged and taken, on
and after the publication of this Order in Council in the New
Zealand Gazette, for the use of the said wharves.

SCHEDULE.

On every vessel under 20 tons register lying along-
side the wharf, for each day or part of a day .. 1 0
On every vessel under 20 tons register, for every day
or part of a day that such vessel lies alongside a
vessel lying at the wharf .. .. .. 0 6
On every vessel under 20 tons register undergoing
repairs or fitting out alongside the wharf, or lying
off the wharf with a line attached thereto, per day
or part of a day .. .. .. 0 6
On every vessel of 20 tons register and upwards lying
alongside the wharf, per ton per day or part of a
day .. .. .. .. .. 0 0½
Minimum charge on every sailing-vessel of 20 tons
register and upwards lying alongside the wharf,
per day or part of a day .. .. .. 1 0
Minimum charge on every steamer of 20 tons regis-
ter and upwards lying alongside the wharf, per
day or part of a day .. .. .. 1 6
On every vessel of 20 tons register and upwards lying
alongside a vessel at the wharf, or lying off the
wharf with a line attached thereto, or undergoing
repairs, per ton per day or part of a day .. 0 0½
Minimum charge for vessel last mentioned .. 0 6
On all stone or shingle ballast landed on the wharf,
per ton .. .. .. .. .. 0 6
On all other kinds of ballast as per agreement.

ALEX. WILLIS,
Clerk of the Executive Council.

Regulations for the Auckland No. 1 Special Settlement
Association.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventeenth
day of February, 1896.

Present:

His Excellency the Governor in Council.

WHEREAS by the one hundred and sixty-third section
of “The Land Act, 1892,” it is enacted that the
Governor in Council may from time to time make, alter, and
repeal regulations fixing the terms and conditions upon
which the lands in any special settlement shall be disposed
of by lease in perpetuity:

Now, therefore, His Excellency the Governor of the
Colony of New Zealand, in pursuance and exercise of the
power and authority conferred upon him by the herein-
before in part recited Act, and by and with the advice and
consent of the Executive Council of the said colony, doth
hereby make the following regulations fixing the terms and
conditions upon which the lands known as the Auckland
No. 1 Special Settlement Association Block, described in the
Schedule to the said regulations, shall be disposed of, that is
to say:—

REGULATIONS.

1. In the construction of these regulations, unless the
   context shall otherwise require, the following expressions
   shall have the meanings hereby assigned to them:—
   “Association” means the Auckland No. 1 Special Settle-
   ment Association, being a body of persons, not
   less than forty-two in number, voluntarily asso-
   ciated together at Auckland, in the Provincial
   District of Auckland, for the purpose of taking
   up the land as a special settlement of farm home-
   steads:
   “Land” means the land described in the Schedule, set
   apart for a special settlement, to be dealt with
   under these regulations:
   “Settler” means any member of the association or other
   person, not being a married woman, leasing land
   under these regulations:
   “Receiver of Land Revenue” means Receiver of Land
   Revenue at Auckland, or other officer for the time
   being acting as such:
   “Minister” means the Minister of Lands for the time
   being, or any member of the Executive acting for
   him:
   “Commissioner” means the Commissioner of Crown
   Lands for the Land District of Auckland:
   “Secretary” means the secretary of the association for
   the time being, and shall include any person acting
   in that capacity, and, if there shall be no secretary,
   then the chairman of the association:
   “Substantial improvements of a permanent character”
   mean and include reclamation from swamp, clear-
   ing of bush, gorse, broom, sweetbriar, or scrub,
   cultivation, planting with trees or live hedges, the
   laying-out and cultivation of gardens, fencing,
   draining, making roads, sinking wells or water-
   tanks, constructing water-races, in any way im-
   proving the character or fertility of the soil, or the
   erection of any building:
   “Cultivation” means—
   (1.) Fencing the land with timber or other dur-
   able materials, not being a brush fence; or
   (2.) Breaking up and laying down the same in
   English or other cultivated grass; or
   (3.) Breaking up and planting or sowing root or
   other crops therein:
   “Lease” means a lease in perpetuity in terms of
   Part III. of “The Land Act, 1892.”

2. The block of land to be dealt with under these regula-
   tions has been surveyed into sections of not more than 320
   acres each, and the number of persons to be located thereon
   shall not be less than forty-two.

3. The allotment of sections to members of the associa-
   tion shall be made at such time and in such manner as the
   association may, with the consent of the Commissioner,
   determine.

4. The land shall be disposed of by lease at an annual
   rental of 4 per cent. on the capital value fixed by the
   Minister.

5. One-third of the rents paid from time to time shall,
   for the first fifteen years, be paid to the local body of the
   district charged with the construction and maintenance of
   roads in the district, for the expenditure on roads in or lead-
   ing to the block. Such expenditure to be first sanctioned by
   the Land Board for the Land District of Auckland.

6. All rents and moneys required to be paid for the land
   under these terms and conditions shall be paid to the Re-
   ceiver of Land Revenue, and receipts given by him shall be
   sufficient discharge for the payment of the moneys therein
   respectively acknowledged to have been received.