JULY 10.] THE NEW ZEALAND GAZETTE. 1469

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

7. Nothing herein contained shall authorise the Council 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 Council, 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 Council 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 Council 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 Council.

11. The Council shall appoint all officers necessary for the control and management of the wharf.

12. The Council 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 Council 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 Council 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 Council, 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.

14. The construction of the wharf shall be sufficient evidence of the acceptance by the Council of the terms and conditions of this Order in Council.

ALEX. WILLIS,
Clerk of the Executive Council.

Empowering Native Appellate Court to hear Appeal under Section 62 of “The Native Land Laws Amendment Act, 1895.”

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventh day of July, 1902.

Present:

His Excellency the Governor in Council.

WHEREAS by section sixty-two of “The Native Land Laws Amendment Act, 1895,” it is provided that in any case in which application has been or shall be made to the Chief Judge of the Native Land Court, under section thirty-nine of “The Native Land Court Act, 1894,” in respect of any order of the Court determining the succession to the estate of any Native deceased, the Governor, on being certified by the Chief Judge as in the said section is provided, may, by Order in Council, empower the Native Appellate Court to deal with such application as a valid appeal under “The Native Land Court Act, 1894”: And whereas the Chief Judge has, in respect of the application of Hone Potaka under section thirty-nine aforesaid, certified as by the said section sixty-two is required: And whereas the said application in all other respects complies with the requirements of the last-mentioned section:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the power and authority enabling him in that behalf, and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby empower the Native Appellate Court to deal with the said application as an appeal, under the provisions of “The Native Land Court Act, 1894,” from the order of Court hereinafter specified, that is to say:—

The order of the Court, dated the eighteenth day of May, one thousand nine hundred, appointing Aropeta Tamumu to succeed to the interest of Tamahape Komene, deceased, in Pakaraka No. 1 Block.

ALEX. WILLIS,
Clerk of the Executive Council.

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

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventh day of July, 1902.

Present:

His Excellency the Governor 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 lease, all that block or parcel of land, situate in the Provincial District of Wellington, containing seven hundred acres, more or less, known as Rangiwaewa No. 4B, being the whole of the land comprised in partition order of the Native Land Court, dated the twenty-third day of December, one thousand eight hundred and ninety-seven, in favour of Keepa te Rangihiwinui.

ALEX. WILLIS,
Clerk of the Executive Council.

Establishing Cook and other Islands Land Titles Court.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this seventh day of July, 1902.

Present:

His Excellency the Governor in Council.

WHEREAS by the sixth section of “The Cook and other Islands Government Act, 1901,” it is enacted that the Governor, by Order in Council, may from time to time establish a tribunal or appoint an officer or officers with such powers and functions as he thinks fit in order to ascertain and determine the title to land within the Islands situate within the boundary-lines set forth in the Schedule to the said Act, distinguishing titles acquired by Native customs and usage from titles otherwise lawfully acquired, and may provide for the issue of instruments of title, and generally make such provision in the premises as he thinks fit:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers and authorities conferred by the said Act, and by and with