Oct. 13.] THE NEW ZEALAND GAZETTE. 1617

Licensing the Kauri Timber Company (Limited) to use and occupy a Part of the Foreshore of Kaipara Harbour.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this tenth day of October, 1898.

Present:

His Excellency the Governor in Council.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, the Kauri Timber Company (Limited), of Auckland (hereinafter called “the company”), has applied to the Governor in Council for a license under “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), to occupy a part of the foreshore and land below low-water mark in order to erect and maintain certain booms at the junction of the Tangowahine Creek and the Wairoa River, in Kaipara Harbour, for the purpose of securing timber and logs; 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. 2200) showing the place in the said harbour where it is intended to erect such booms, and the area of foreshore and land below low-water mark intended to be occupied for such purpose, and the manner in which it is proposed to construct such booms: 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 it is expedient that a license under the said Act for the purpose aforesaid should be granted and issued to the company, on the terms and conditions hereinafter expressed:

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 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 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 booms for securing timber and logs of any kind or description whatsoever belonging to or under the control of the company, such license to be held and enjoyed by the company upon and subject to the following terms and conditions, that is to say:--

1. 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.

2. The concessions and privileges conferred by this Order in Council shall extend and apply only to the part of the foreshore and land below low-water mark necessary for the construction of booms at the junction of the Tangowahine Creek and the Wairoa River, Kaipara Harbour, shown on the said plans marked M.D. 2200.

3. 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 one pound, in respect of such booms, such annual payments to date from the first day of October, one thousand eight hundred and ninety-eight, and the first of such annual payments to be made to the Minister on a copy of this Order in Council being supplied to the company.

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

5. That the said rights, powers, and privileges may be at any time resumed by the Governor, and the company may be required to remove the booms from the said creek and river and the bed thereof at its own cost, without payment of any compensation whatever, on giving to the company 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 registered office of the company in New Zealand.

6. The company shall be liable for any injury which may be sustained by any vessel or boat in passing the booms, or by contact with them, and which may be occasioned by any default or neglect on its part.

7. In case the company 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 booms for a period of thirty days;
   (3.) Fail to pay the sums specified in clause three of these conditions; or
   (4.) Be in any manner wound up or dissolved,
   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 company 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 company, 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 booms, and all other erections or buildings thereto belonging, to be removed, and may recover the cost incurred by any such removal from the company.

8. The erection of the booms shall be deemed to be an acceptance by the company of the conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Notice of Intention to change the Purpose of a Portion of a Reserve in the Taranaki Land District.

RANFURLY, Governor.

WHEREAS by “The Public Reserves Act, 1881,” it is, amongst other things, enacted that the Governor may declare his intention to make, change, exchange, or alter the dedication of any public reserve now or hereafter vested in Her Majesty or the Governor for any of the purposes named in Class II. of the Schedule to the said Act, whether the same be granted or not; if it shall, in the opinion of the Governor, be expedient to change the purpose of such reserve or any part thereof from the purpose or presumed purpose for which it was set apart to any other purpose, or if it shall, in the opinion of the Governor, be expedient to exchange any of the land comprised in such reserve for other land of equal value, to be dedicated to one or more purposes named in the said Class II., the Governor may, by notice gazetted, declare his intention to make such change, exchange, or dedication, as the case may be, and in such notice declare the manner and terms in which the same is intended to be so made:

Now, therefore, I, Uchter John Mark, Earl of Ranfurly, the Governor of the Colony of New Zealand, do hereby, in exercise and pursuance of the powers and authorities vested in me by “The Public Reserves Act, 1881,” aforesaid, declare my intention to change the specific purpose of the portion of the reserve described in the second column of the Schedule hereto from that named in the first column of the said Schedule to that named in the third column of the said Schedule respectively.

SCHEDULE.

As witness the hand of His Excellency the Governor, this twenty-third day of September, one thousand eight hundred and ninety-eight.

JOHN McKENZIE,
Minister of Lands,