1012
THE NEW ZEALAND GAZETTE.
[No. 43

Excepting Land from Operation of Section 117 of “The Native Land Court Act, 1894.”

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this fifteenth day of May, 1899.

Present:

THE HONOURABLE W. C. WALKER PRESIDING IN COUNCIL.

WHEREAS by section four of “The Native Land Laws Amendment Act, 1895,” it is enacted that the Governor may, by Order in Council, except from the operation of section one hundred and seventeen of “The Native Land Court Act, 1894” (hereinafter called “the said Act”), for a limited period or otherwise, and either generally or for such purposes and subject to such restrictions as shall be in such Order specified, any land, wheresoever situate, which is for the time being subject to the operation of the said section, or any interest therein or right over the same, or may in like manner make such exception in favour exclusively of any lessee or other person who has been bonâ fide in occupation of and has made improvements on such land, or has paid money to Native owners for lease or purchase thereof, prior to the passing of the said Act: Provided that no Order in Council under the provisions of this section shall take effect until after the expiration of two months from the date of the publication thereof in the Gazette: Provided also that every alienation under the provisions of this section shall be confirmed by the Court in terms of section fifty-three of the said Act:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority conferred by section four of “The Native Land Laws Amendment Act, 1895,” and by and with the advice and consent of the Executive Council of the said colony, doth hereby except from the operation of section one hundred and seventeen of “The Native Land Court Act, 1894,” for the purpose of alienation by way of mortgage to the Government Advances to Settlers Office Superintendent, all that block or parcel of land, situate in the Provincial District of Wellington, containing three hundred and fifty-eight acres, more or less, known as Rakautaua No. 1a No. 1, being the land comprised in partition order of the Native Land Court, dated the sixteenth day of April, one thousand eight hundred and ninety-eight, in favour of Hamiora te Wunu.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing W. Weight and S. Hunt to use and occupy a Part of the Foreshore of Akaroa Harbour as a Wharf-site.

RANFURLY, Governor.

ORDER IN COUNCIL

At the Government Buildings, at Wellington, this eighteenth day of May, 1899.

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”), William Weight and Stephen Hunt, of French Farm Bay (hereinafter called “the licensees”), have, as trustees for the persons subscribing money to build the wharf, 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 French Farm Bay, Akaroa Harbour, in order to erect a wharf thereon, and, in accordance with the one-hundred-and-fifty-sixth section of “The Harbours Act, 1878,” have deposited plans in the office of the Marine Department at Wellington (marked M.D. 2264), 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 licensees 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 licensees 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 licensees, as trustees for the persons subscribing money to build the wharf, 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 licensees 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 erection of the wharf, as shown on plans marked M.D. 2264.

3. In consideration of the concessions and privileges granted by this Order in Council, the licensees shall pay to the Minister an annual sum of one shilling, payable on demand, dating from the date of this Order in Council.

4. 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.

5. 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.

6. The licensees shall maintain the above-mentioned wharf in good order and repair; and shall at all times exhibit therefrom and maintain at their 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.

7. 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 licensees or either of them a notice in writing of any defect or want of repair in such wharf, requiring them, within a reasonable time, to be therein prescribed, to repair the same, they shall with all convenient speed cause such defect to be removed or such repairs to be made.

8. Nothing herein contained shall authorise the licensees 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.

9. The ballast of all vessels loading at the said wharf shall be taken away by the licensees 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.

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

11. 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 licensees 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 licensees or either of them.

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

13. In case the licensees 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 licensees 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 licensees, 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.