2372
THE NEW ZEALAND GAZETTE.
[No. 86

Consenting to closing Road in Wairere Survey District.

RANFURLY, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this fifth day of November, 1903.

Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by section twelve, subsection one, of “The Public Works Acts 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 Matamata Road Board has applied for such consent in respect to the road 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 Matamata Road Board closing the road mentioned in the Schedule hereto.

SCHEDULE.

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

ALEX. WILLIS,
Clerk of the Executive Council.

Amending Regulations for Trout and Perch Fishing, Grey District Acclimatisation District.

RANFURLY, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this fifth day of November, 1903.

Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by an Order in Council dated the eighteenth day of September, one thousand nine hundred and three, and published in the New Zealand Gazette of the twenty-fourth day of September then instant, certain regulations were made under “The Fisheries Conservation Act, 1884” (hereinafter termed “the said Act”), providing for trout and perch fishing within the Grey District Acclimatisation District as therein defined: And whereas it is expedient to revoke number twelve of the said regulations and to make other provision in lieu thereof:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in exercise of the powers conferred by the said Act, and of all other powers enabling him in this behalf, and acting by and with the advice and consent of the Executive Council of the said colony, doth hereby revoke the said regulation number twelve, and in lieu thereof doth hereby order as follows:—

12. Except as aforesaid, no person shall fish with or use any net (other than a net for whitebait-fishing) or other engine, instrument, or device for taking fish in any river or stream within the district aforesaid, or at the mouth or entrance of any such river or stream:

Provided that nothing herein contained shall prevent the placing of any net other than a stake-net in or across the mouth of the Grey River, or at any place in the said river below a straight line drawn across the said river opposite Tainui Street, in the Town of Greymouth, for the purpose of taking indigenous fish only, nor render any person liable to any penalty for so doing, or for taking indigenous fish by such means.

And in pursuance of the like power and authority it is hereby declared that the foregoing regulations shall be read and construed as part of the said recited regulations of the eighteenth day of September, one thousand nine hundred and three.

ALEX. WILLIS,
Clerk of the Executive Council.

Licensing Carl Schrader to use and occupy Part of the Foreshore of the Mangamuka River, Hokianga Harbour, as a Site for Booms.

RANFURLY, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this fifth day of November, 1903.

Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS, there being no Harbour Board empowered to grant the license hereinafter mentioned, Carl Schrader, of Kohukohu, Hokianga (hereinafter called “the licensee”), has applied to the Governor in Council for a license under “The Harbours Act Amendment Act, 1883” (hereinafter called “the said Act”), to occupy a part of the foreshore on the Mangamuka River, Hokianga Harbour, in the Provincial District of Auckland, in order to erect and maintain booms 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. 2608; two sheets) showing the place in the said river where it is intended to construct such booms, and the area of foreshore intended to be occupied for such purpose: And whereas it has been made to appear to the Governor in Council that the proposed work will not be or tend to the injury of navigation; and the said plans have, prior to the making of this Order in Council, been approved by the Governor in Council: And whereas it is expedient that a license under the said Act for the purpose aforesaid should be granted and issued to the licensee 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 with the advice and consent of the Executive Council of the said colony, doth hereby approve of the purpose or 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 which is particularly shown and delineated on the plans so deposited as aforesaid, for the purpose of constructing or erecting thereon booms; such license to be held and enjoyed by the licensee 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 on the Mangamuka River, in Hokianga Harbour, shown on the said plans marked M.D. 2608.

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 two pounds ten shillings, and thereafter an annual sum of four pounds, such annual payments to date from the first day of November, one thousand nine hundred and three, and the first of such annual payments to be made to the Minister on a copy of this Order in Council being supplied to the licensee.

4. The rights, powers, and privileges conferred by this Order in Council shall continue in force for fourteen years, computed from the date of this Order in Council, unless in the meantime such rights, powers, and privileges shall be altered, modified, or revoked by competent authority; and the licensee shall not assign, charge, or part with any such right, power, or privilege without the previous written consent of the Minister first obtained.

5. The said rights, powers, and privileges may be at any time resumed by the Governor, and the licensee may be required to remove the booms at his own cost, without payment of any compensation whatever, on giving to the licensee one month’s 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 licensee in New Zealand.

6. The licensee shall maintain the above-mentioned booms 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 booms and view the state of repair thereof; and upon such Minister leaving at or posting to the last known address of the licensee a notice in writing of any defect or want of repair in such booms, re-