232
THE NEW ZEALAND GAZETTE.
[No. 9

and authority enabling him in that behalf, 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 at the request of the Council of the Auckland University, in whom the land herein described is vested, doth hereby declare that the land described in the Schedule hereto, which has been reserved for educational purposes, shall be leased, subject to the provisions of the one hundred and twenty-first section of “The Land Act, 1892,” and of Part III. of the said Act.

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SCHEDULE.

WAIKATO COUNTY.—PARISH OF TAUPIRI.

Second-class Land.

Lot 17 of Section 463: 109 acres; lease in perpetuity, rental per acre 4·8d., half-yearly rent £1 1s. 10d. Open fern and tea-tree land at Kimihia, Huntly.

Given under the hand of His Excellency the Right Honourable Uchter John Mark, Earl of Ranfurly; Knight Commander of the Most Distinguished Order of Saint Michael and Saint George; Governor and Commander-in-Chief in and over Her Majesty’s Colony of New Zealand and its Dependencies; and issued under the Seal of the said Colony, at the Government House, at Christchurch, this twenty-eighth day of January, in the year of our Lord one thousand eight hundred and ninety-eight.

JOHN McKENZIE,
Minister of Lands.

Approved in Council.

J. F. ANDREWS,
Acting-Clerk of the Executive Council.

GOD SAVE THE QUEEN!

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Native Land off East Cape to be taken for a Lighthouse, and other Works in Connection therewith, being the Island of Whangaokeno, or East Island, in the Provincial District of Auckland.

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RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-seventh day of December, 1897.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS the land mentioned in the Schedule hereto is required to be taken for a public work, to wit, the construction of a lighthouse, and other works in connection therewith, on the island known as Whangaokeno, or East Island, in the Provincial District of Auckland:

And whereas the said land is held or occupied by Native owners, and the title thereto is not derived from the Crown: And whereas a map of the said land has been prepared in duplicate, as required by the eighty-eighth section of “The Public Works Act, 1894”:

Now, therefore, in pursuance and exercise of the powers vested in him by the said Act, and of all other powers in any wise enabling him in this behalf, 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, doth hereby declare that the land shown upon such map, and described in the Schedule hereto, shall be deemed to be taken for the purposes of the public work hereinbefore mentioned; and the said land shall vest in Her Majesty the Queen as from the fifteenth day of February, one thousand eight hundred and ninety-eight.

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SCHEDULE.

All that area of land in the Provincial District of Auckland, being the Island of Whangaokeno, or East Island, lying about a mile and a half in an easterly direction from East Cape, and containing approximately 20 acres; and on which island a trig. marked D bears 98° 26′ 30″ from Trig. E, Block XVI., East Cape Survey District, and 48° 11′ 51″ from Trig. B, Block IV., Waipu Survey District: as the same is delineated on the plan marked P.W.D. 18088, deposited in the office of the Minister for Public Works, at Wellington, and thereon coloured red.

J. F. ANDREWS,
Acting-Clerk of the Executive Council.

Licensing John Harrison to use and occupy a Part of the Foreshore of Kaipara Harbour.

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RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-eighth day of January, 1898.

Present:

THE HONOURABLE W. C. WALKER PRESIDING IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned under “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), John Harrison, of Aratapu (hereinafter called “the licensee”), has applied to the Governor in Council for a license under the said Act to occupy a part of the foreshore and of the land below low-water mark of Wairoa River, at the mouth of the Mongonui Creek, in Kaipara Harbour, in order to erect booms thereon; 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. 2114), showing the position in which it is intended to erect such booms, the area of foreshore and land below low-water mark intended to be occupied, and the manner in which it is proposed to erect the booms: And whereas the Governor in Council has approved of the purpose for which the said license is required: And whereas it is expedient that a license should be granted and issued to the licensee under the said Act, for the purpose aforesaid, 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 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 object for which the said license is required by the licensee 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 licensee to use and occupy that part of the foreshore and land below low-water mark on which the booms are to be erected, as shown on the plan so deposited as aforesaid, for the purpose of erecting and maintaining the said booms, such license to be held and enjoyed by the licensee 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 occupied by the said booms, as shown on plans marked M.D. 2114.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensee 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 payable on the first day of January, dating from the first day of January, one thousand eight hundred and ninety-eight, the first of such annual payments to be made on the licensee being supplied with a copy of this Order in Council.

4. 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 said booms without payment.

5. The licensee shall maintain the above-mentioned booms in good order and repair; and shall at all times exhibit therefrom and maintain at his own cost suitable and necessary lights for the guidance of vessels: Provided that no light shall be exhibited until after it has been approved of by the Minister.

6. Any person authorised by the Minister may at all reasonable times enter upon the said booms and view the state of repair thereof; and upon such Minister leaving at or posting to the last-known address of the licensee a notice in writing of any defect or want of repair in such booms, requiring him, within a reasonable time, to be therein prescribed, to repair the same, he shall with all convenient speed cause such defect to be removed or such repairs to be made.

7. Nothing herein contained shall authorise the licensee 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 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.

8. The rights, powers, and privileges conferred by or under this Order in Council shall continue to be in force for