754
THE NEW ZEALAND GAZETTE.
[No. 32

Valuations in General Valuation-roll to be used for Purposes of Old-age Pensions Act.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this seventeenth day of March, 1899.

Present:

THE HONOURABLE J. MCKENZIE PRESIDING IN COUNCIL.

IN pursuance and exercise of the power and authority vested in him by “The Government Valuation of Land Act, 1896,” 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, doth hereby direct that the valuations for the time being appearing in the general valuation-roll shall, so far as the same are applicable, be used for the purpose of assessing the net capital value of the accumulated property of claimants or pensioners under “The Old-age Pensions Act, 1898.”

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing the Whakatane Road Board to use and occupy a Part of the Foreshore of Whakatane Harbour as a Wharf-site.

RANFURLY, Governor.

By his Deputy,

JAMES PRENDERGAST.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this seventh day of April, 1899.

Present:

THE RIGHT HONOURABLE R. J. SEDDON 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”), the Whakatane Road Board (hereinafter called “the Board”) 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 adjacent thereto, in Whakatane Harbour, in order to erect a wharf thereon, and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” has deposited a plan in the office of the Marine Department at Wellington (marked M.D. 2256), showing 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 wharf: And whereas the Governor in Council has approved of the purpose for which the said foreshore and land below low-water mark are to be occupied: And whereas it is expedient that a license should be granted and issued to the Board 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 Board 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 Board to use and occupy that part of the foreshore and of the land below low-water mark on which the wharf is to be erected, as shown on the plans so deposited as aforesaid, for the purpose of erecting and maintaining the said wharf thereon, such license to be held and enjoyed by the Board 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 of the land below low-water mark necessary for the erection of the wharf, as shown on plan marked M.D. 2256.

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

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 wharf without payment.

5. The Board 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 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 wharf and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the Board 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 convenient speed cause such defect to be removed or such repairs to be made.

7. Nothing herein contained shall authorise the Board 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 ballast of all vessels loading at the said wharf shall be taken away by the Board and deposited above high-water mark, or at such place as may be approved of by the Minister, or by any person appointed by the Minister for that purpose.

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

ALEX. WILLIS,
Clerk of the Executive Council.

Authorising Native to mortgage Land under Section 6 of “The Native Land Laws Amendment Act, 1897.”

RANFURLY, Governor.

By his Deputy,

JAMES PRENDERGAST.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this seventh day of April, 1899.

Present:

THE RIGHT HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

WHEREAS by section six of “The Native Land Laws Amendment Act, 1897,” it is enacted that the Governor may, by Order in Council, authorise any Native owning land in severalty to mortgage such land to any lending department of the Government, and that in such case the mortgage shall operate in all respects as if the mortgagor were other than a Native, and accordingly none of the restrictions, limitations, or provisions of “The Native Land Court Act, 1894,” or any other Act affecting Native lands, or lands owned or held by Natives, shall apply, anything in any such Act to the contrary notwithstanding: And whereas Rawinia Potaka, otherwise called Wera Potaka,