260
THE NEW ZEALAND GAZETTE.
[No. 7

Now, therefore, in pursuance and in exercise of the above-in-part-recited Act, and of all other powers in anywise 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 consent to the closing of the road mentioned in the Schedule hereto.

SCHEDULE.

In the Canterbury Land District; as the same are more particularly delineated on the plan marked and coloured as above noted, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District.

ALEX. WILLIS,
Clerk of the Executive Council.

Consenting to closing Roads in the Ellesmere Road District.

RANFURLY, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this twenty-sixth day of January, 1903.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section twelve, subsection one, of “The Public Works Act Amendment Act, 1900,” it is enacted that a local authority shall not declare any county or district road to be stopped, and such road shall not be deemed to be stopped, until the consent thereto of the Governor by Order in Council gazetted is obtained:

And whereas the Selwyn County Council has applied for such consent in respect to the roads described in the Schedule hereto:

Now, therefore, in pursuance and in exercise of the above-in-part-recited Act, and of all other powers in anywise 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 consent to the Selwyn County Council closing the parts of the roads mentioned in the Schedule hereto.

SCHEDULE.

All in the Canterbury Land District; as the same are more particularly delineated on the plans marked and coloured as above noted, deposited in the office of the Chief Engineer of Roads, at Wellington, in the Wellington Land District.

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

Licensing Mr. Andrew Kelly to use and occupy a Part of the Foreshore of Opunake Harbour as a Site for a Wharf.

RANFURLY, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this twenty-sixth day of January, 1903.

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”), Andrew Kelly, of Pihama, Taranaki (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 land below low-water mark of Opunake Harbour, in the Provincial District of Taranaki, in order to construct a wharf 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. 2467 and 2538, showing the area of foreshore and land below low-water mark intended to be occupied, and the manner in which it is proposed to construct 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 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 wharf is to be constructed, as shown on the plans so deposited as aforesaid, for the purpose of constructing and maintaining the said wharf thereon; such license to be held and enjoyed by the licensee upon and subject to the terms and conditions set forth in the Schedule hereto.

SCHEDULE.

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 construction of the wharf, as shown on plan marked M.D. 2467.

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 three 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 nine hundred and three, the first of such annual payments to be made on the licensee being supplied with a copy 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. His 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 licensee shall maintain the abovementioned wharf 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.

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 licensee in New Zealand 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.

8. 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.

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