Aug. 31.] THE NEW ZEALAND GAZETTE. 1593

Omapere Survey District, and I., Punakitere Survey District, and containing by admeasurement 11,850 acres, more or less. Bounded towards the north generally by the Utakura No. 1b Block, by Sections Nos. 24 and 25 of Block IX., Omapere Survey District, by a forest reserve, and by the southern boundary of Block X., Omapere Survey District; towards the east by the Waihoanga Stream, by unadjudicated Native land, and by the Rakauwahi Stream; towards the south and again towards the east by the Rakauwahi Stream and by the Mangatoa Stream; again towards the south and again towards the east by the Mangatoa Kaurigum Reserve, proclaimed in Gazette of 21st December, 1898; again towards the south by the Pahekeheke Block, by a Native reserve, by Sections Nos. 3 and 2 of Block I., Punakitere Survey District, and by the Pakihiiiti and Rangiawhia No. 1 Blocks; and towards the west generally by Sections Nos. 18, 13, 16, and 15 of Block IV., Waoku Survey District, by Section No. 4 of Block I., Punakitere Survey District, by a right line being the production in a northerly direction of the eastern boundary of the last-named section, by the Waima No. 1 Block, and by the Utakura No. 2a Block to the point of commencement.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing H. Handyside and Others to use and occupy a Part of the Foreshore at Cape Turnagain.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-eighth day of August, 1899.

Present:

His Excellency the Governor 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”), Hugh Handyside and Charles Herbert, of Herbertville, and James Groves Speedy, of Wimbledon (hereinafter called “the licensees”), have, as trustees for the inhabitants of the Cape Turnagain District, 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, at Cape Turnagain, in order to erect a jetty 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. 2285), 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 jetty: 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 jetty, to use and occupy that part of the foreshore and of the land below low-water mark on which the jetty is to be erected, as shown on the plans so deposited as aforesaid, for the purpose of erecting and maintaining the said jetty 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 jetty, as shown on plans marked M.D. 2285.

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 jetty, 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 jetty without payment.

6. The licensees shall maintain the above-mentioned jetty 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 jetty 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 jetty, 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 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.

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 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.

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

12. 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 jetty 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.

Notice of Intention to change the Purpose of a Reserve in the Wellington 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:

B